Explanation
Background: The State of Ohio owns certain real property along McKinley Avenue where the City is engaged in the McKinley Avenue Improvement Project. As part of the roadway job the City requested a perpetual easement on aforementioned State of Ohio property. The State of Ohio decided that it did not want to grant a perpetual easement, but would instead give fee simple title to the City. After investigation, the Department of Public Service has determined that accepting fee title to the subject real property will not adversely affect the City and therefore should be allowed. However, in the length of time estimated for the State of Ohio to transfer fee title of the subject property to the City, a Department of Public Utilities project involving the same real property will be delayed. The State of Ohio has also agreed to grant an easement to the City of Columbus, as not to delay the aforementioned Sewers and Drains Project. Therefore, it is now necessary to authorize the Director of the Department of Public Utilities to execute a State of Ohio Easement and any ancillary documents necessary to accept the subject easement, as granted from the State of Ohio
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to in order to allow for the immediately acceptance of the subject easement, as not to delay the aforementioned Department of Public Utilities project.
Title
To authorize the Director of the Department of Public Utilities to execute a State of Ohio Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to accept certain easements rights necessary to the McKinley Avenue Improvement Project, as granted by the State of Ohio and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the McKinley Avenue Improvement project; and
WHEREAS, the State of Ohio owns certain real property along McKinley Avenue where the City is engaged in the McKinley Avenue Improvement Project; and
WHEREAS, as part of the roadway job the City requested a perpetual easement on aforementioned State of Ohio property; and
WHEREAS, the State of Ohio decided that it did not want to grant a perpetual easement, but would instead give fee simple title to the City; and
WHEREAS, after investigation, the Department of Public Service has determined that accepting fee title to the subject real property will not adversely affect the City and therefore should be allowed; and
WHEREAS, however, in the length of time estimated for the State of Ohio to transfer fee title of the subject property to the City, a Department of Public Utilities project involving the same real property will be delayed; and
WHEREAS, the State of Ohio has also agreed to grant an easement to the City of Columbus, as not to delay the aforementioned Sewers and Drains Project; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of Public Utilities to execute those instruments as approved by the Real Estate Division, Department of Law, necessary to accept a State of Ohio Easement from the State of Ohio, located in the vicinity of McKinley Avenue and Yale Avenue, more fully in the body of this legislation, for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute a State of Ohio Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to accept certain easements rights as granted by the State of Ohio over the following described real property:
Parcel 15U
The State of Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of those 0.098 acre and 1.966 acre tracts shown in the deed to The State of Ohio of record in Instrument Number 200104200083861 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at the northeasterly corner of said 1.966 acre tract, the intersection of the southerly right of way for McKinley Avenue with the westerly right-of-way line for Yale Avenue;
Thence South 04º05'55" West, with said westerly right-of-way line, 5.00 feet;
Thence North 85º54'05" West, across 0.098 acre and 1.966 acre tracts, 395.23 feet to the westerly line of said 0.098 acre tract;
Thence North 04º05'55" East, with said westerly line, 5.00 feet to the northwesterly corner thereof, in said southerly right of way line;
Thence South 85º54'05" East, with said southerly right of way line, 395.23 feet, to the Point of Beginning. Containing 0.045 acre, more or less, from Auditor's Parcel No. 010-18026.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments of COC17-83 and COC 18-83. A bearing of North 87º22'38" West was held between said monuments.
Parcel No. 15T-1
The State of Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of Lots 4-11 of "George W. Sinks Subdivision" as recorded in Plat Book 5, Page 198, said lots standing in the name of The State of Ohio (0.098 acre and 1.966 acres) of record in Instrument Number 200104200083861 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at the northeasterly corner of said Lot 11, the northwesterly corner of Lot 8 of said subdivision, in the southerly right of way line for McKinley Avenue;
Thence South 04º05'55" West, with the common to said Lots 11 and 12, 5.00 feet to the True Point of Beginning;
Thence South 04º05'05" West, continuing with said common line, 13.50 feet;
Thence North 85º54'05" West, across said Lots 4-11, 240.00 feet to the westerly line of said 0.098 acre tract;
Thence North 04º05'55" East, with said westerly line, 13.50;
Thence South 85º54'05" East, across said Lots 4-11, 240.00 feet to the True Point of Beginning. Containing 0.074 acre, more or less from Auditor's Parcel No. 010-180286.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC17-83 and COC18-83. A bearing of North 87º22'38" West was held between said monuments.
Parcel No. 15T2
The State of Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of Lot 16 of "George W. Sinks Subdivision" as recorded in Plat Book 5, Page 198, said lot standing in the name of The State of Ohio of record in Instrument Number 20010420083861 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at the northeasterly corner of said Lot 16, the intersection of the southerly right-of-way line for McKinley Avenue with the westerly right-of-way line for Yale Avenue;
Thence South 04º05'55" West, with said westerly right-of-way line, 5.00 feet to the True Point of Beginning;
Thence South 04º05'55" West, continuing with said westerly right-of-way line, 26.04 feet;
Thence across said Lot 16, the following courses;
North 18º39'48" West, 28.24 feet;
South 85º54'05" East, 10.93 feet to the True Point of Beginning. Containing 0.003 acre, more or less, from Auditor's Parcel No. 010-180286.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC17-83 and COC18-83. A bearing of North 87º22'38" West was held between said monuments.
Section 3. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.