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File #: 2000-2003    Version: 1
Type: Ordinance Status: Passed
File created: 8/19/2003 In control: Utilities Committee
On agenda: 10/6/2003 Final action: 10/8/2003
Title: To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain sewer easement, located in the vicinity of Lazelle Road and the Delaware County and Franklin County Line, at the request of Dominion Homes, Inc. in exchange for a replacement easement previously granted to the City of Columbus, Ohio.
Explanation
 
Background:    The City of Columbus, Ohio is the holder of certain sanitary sewer easement, located in the vicinity of Lazelle Road and the Delaware County and Franklin County Line, by virtue of a recorded deed of easement.  Dominion Homes, Inc. has requested the City release the aforementioned sewer easement in exchange for a previously granted replacement easement.  After investigation, the Department of Public Utilities has been determined that the subject release of easement will not adversely affect the City and therefore should be granted.  The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release the subject sewer easement.Fiscal Impact:     N/AEmergency Justification:    N/A
 
Title
 
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release a certain sewer easement, located in the vicinity of Lazelle Road and the Delaware County and Franklin County Line, at the request of Dominion Homes, Inc. in exchange for a replacement easement previously granted to the City of Columbus, Ohio.
 
Body
 
WHEREAS,      the City of Columbus, Department of Public Utilities, is the owner of a certain sanitary sewer easement by virtue of a recorded deed of easement in the Delaware County Recorders Office; and
 
WHEREAS,      Dominion Homes, Inc. has requested that a certain portion of the aforementioned sewer easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
 
WHEREAS,      the Department of Public Utilities, Division of Sewerage & Drainage, after investigation, has determined that the release of the subject easement will not adversely affect the operations of the City of Columbus; 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 those documents, approved by the Department of Law, Real Estate Division, necessary to release a certain sanitary easement in and to the following described real property:
 
 
Situated in the City of Columbus, County of Delaware, State of Ohio, located in part of Farm Lot 11, Section 4, Township 3, Range 18, United States Military Lands and being part of a 47.439 acre tract conveyed to Dominion Homes, Inc. by Official Record Volume _____, Page ____ and being more particularly described as follows:
Commencing at an iron pin set at the northeasterly corner of said 47.439 acre tract, being on the westerly line of a 7.767 acre tract conveyed to Farber Development in Deed Book 625, Page 117;
      Thence, North 86° 46' 03" West, along the northerly line of said 47.439 acre tract, a distance of 169.71 feet to a point being the TRUE PLACE OF BEGINNING;
      Thence, through said 47.439 acre tract, the following fifty-two (52) courses and distances:
      Course 1)      South 02° 54' 45" West, a distance of 157.48 feet to a point;
Course 2)      North 86° 34' 17" West, a distance of 78.25 feet to a point;
      Course 3)      South 03° 25' 43" West, a distance of 639.37 feet to a point;
      Course 4)      South 01° 30' 45" West, a distance of 261.77 feet to a point;
      Course 5)      South 86° 34' 17" East, a distance of 586.25 feet to a point;
      Course 6)      South 03° 25' 43" West, a distance of 15.00 feet to a point;
      Course 7)      North 86° 34' 17" West, a distance of 340.86 feet to a point;
      Course 8)      South 05° 20' 51" West, a distance of 128.01 feet to a point;
      Course 9)      South 11° 39' 46" West, a distance of 72.82 feet to a point;
      Course 10)      South 86° 34' 17" East, a distance of 391.57 feet to a point;
      Course 11)      South 03° 25' 43" West, a distance of 15.00 feet to a point;
      Course 12)      North 86° 34' 17" West, a distance of 400.24 feet to a point;
      Course 13)      North 86° 34' 14" West, a distance of 302.31 feet to a point;
      Course 14)      North 84° 56' 17" West, a distance of 235.67 feet to a point;
      Course 15)      North 60° 56' 11" West, a distance of 69.07 feet to a point;
      Course 16)      North 29° 03' 49" East, a distance of 15.00 feet to a point;
      Course 17)      South 60° 56' 11" East, a distance of 65.88 feet to a point;
      Course 18)      South 84° 56' 17" East, a distance of 232.27 feet to a point;
      Course 19)      South 86° 34' 14" East, a distance of 295.60 feet to a point;
      Course 20)      North 11° 39' 46" East, a distance of 74.16 feet to a point;
      Course 21)      North 05° 20' 51" East, a distance of 126.68 feet to a point;
      Course 22)      North 86° 34' 17" West, a distance of 237.69 feet to a point;
      Course 23)      North 85° 40' 34" West, a distance of 233.22 feet to a point;
      Course 24)      North 67º 18' 26" West, a distance of 69.55 feet to a point;
      Course 25)      North 57° 31' 13" West, a distance of 118.57 feet to a point;
      Course 26)      North 32° 28' 47" East, a distance of 15.00 feet to a point;
      Course 27)      South 57° 31' 13" East, a distance of 117.29 feet to a point;
      Course 28)      South 67° 18' 26" East, a distance of 65.84 feet to a point;
      Course 29)      South 85° 40' 34" East, a distance of 222.86 feet to a point;
      Course 30)      North 01° 30' 45" East, a distance of 261.40 feet to a point;
      Course 31)      North 03° 25' 43" East, a distance of 639.63 feet to a point;
      Course 32)      North 86° 34' 17" West, a distance of 741.17 feet to a point;
      Course 33)      South 04° 44' 02" West, a distance of 387.69 feet to a point;
      Course 34)      South 03° 28' 00" West, a distance of 406.45 feet to a point;
      Course 35)      South 86° 13' 56" East, a distance of 318.35 feet to a point;
      Course 36)      South 03° 46' 04" West, a distance of 15.00 feet to a point;
      Course 37)      North 86° 13' 56" West, a distance of 318.29 feet to a point;
      Course 38)      South 03° 34' 27" West, a distance of 201.05 feet to a point;
      Course 39)      South 85° 49' 14" East, a distance of 261.63 feet to a point;
      Course 40)      South 62° 19' 29" East, a distance of 113.33 feet to a point;
      Course 41)      South 27° 40' 31" West, a distance of 15.00 feet to a point;
      Course 42)      North 62° 19' 29" West, a distance of 110.21 feet to a point;
      Course 43)      North 85° 49' 14" West, a distance of 258.35 feet to a point;
      Course 44)      South 03° 34' 27" West, a distance of 70.00 feet to a point;
      Course 45)      North 86° 25' 33" West, a distance of 15.00 feet to a point;
      Course 46)      North 03° 34' 27" East, a distance of 293.57 feet to a point;
      Course 47)      North 03° 28' 00" East, a distance of 414.08 feet to a point;
      Course 48)      North 04° 44' 02" East, a distance of 387.51 feet to a point;
      Course 49)      North 86° 34' 17" West, a distance of 71.83 feet to a point;
      Course 50)      North 03° 25' 43" East, a distance of 15.00 feet to a point;
      Course 51)      South 86° 34' 17" East, a distance of 906.11 feet to a point;
      Course52)      North 02° 54' 45" East, a distance of 142.43 feet to a point;
      Thence, South 86° 46' 03" East, along said northerly line, a distance of 15.00 feet to the TRUE PLACE OF BEGINNING.
      The above description is based on and referenced to a plat of survey entitled, "Plat of Survey of a 15-Foot Sanitary Sewer Easement for the City of Columbus,      Division of Sewerage and Drainage" dated July 15, 2002, by Floyd Browne Associates, Inc. of Delaware.
      Bearings are based on the Ohio State Plat Coordinate System of 1983 - Lambert Projection, United States Geodetic Services.
      All iron pins set are 5/8" diameter solid iron pins with orange plastic caps stamped, "F.B.A., Inc."
      All references are to the records in the Recorder's Office, Delaware County, Ohio.
      William R. Winter, P.S. Registered Surveyor No. 6767.
 
 
      Section 2.      That this ordinance shall take effect and be in force from and after the earliest period allowed by law.