Explanation
Background: The City of Columbus, Ohio is engaged in the acquisition of certain real property interests necessary to the Broad Meadows Sewer Improvement Project. The State of Ohio, State Education Department, is the owner of that real property commonly known as the Deaf and Blind School, located on North High Street. It is necessary to the City's project to acquire a temporary easement for additional access to certain portions of the State's real property for the construction, operation, and maintenance of an existing City sewer line. After investigation, the Department of Public Utilities has determined that the acquisition of the easement will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Department of Public Utilities to execute a "State of Ohio Easement" and any ancillary documents necessary to acquire additional access to an existing sewer line.
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 Department of Public Utility's Broad Meadows Sewer Improvement Project.
Title
To authorize the Director of the Department of Public Utilities to execute a "State of Ohio Easement" and any ancillary documents necessary to accept a temporary sewer line easement from the State of Ohio, for that real property commonly known as The Ohio Blind & Deaf School, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio is engaged in the acquisition of certain real property interests necessary to the Broad Meadows Sewer Improvement Project; and
WHEREAS, the State of Ohio, State Education Department, is the owner of that real property commonly known as the Deaf and Blind School, located on North High Street; and
WHEREAS, it is necessary to the City's project to acquire additional access to certain portions of the State's real property for the construction, operation, and maintenance of an existing City sewer line; and
WHEREAS, after investigation, the Department of Public Utilities has determined that the acquisition of the easement will not adversely affect the City and should be allowed; 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 temporary sewer line easement from the State of Ohio, 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, to accept certain sewers rights to the following described real property, as granted by the State of Ohio, necessary to the Broad Meadows Sewer Improvement Project:
Situated in the City of Columbus, the County of Franklin, and the State of Ohio and being 0.927 acres out of the State of Ohio original 236.26 acre tract of record in Deed Book 1238, Page 468, all references being to the Recorder's Records, Franklin County, Ohio, said 0.927 acre tract being more particularly described as follows:
Beginning at a northwesterly comer of said original 236.26 acre tract, a northeasterly corner of Lot 5 of the Decker-Johnson Subdivision of record in Plat Book 23, Page 34, in the southerly line of Sharon Heights Subdivision of record in Plat Book 10, Page 76 and being S 89° 45' 00" E, 1191 feet along the southerly line of Sharon Heights Subdivision from the centerline of North High Street;
Thence S 89° 45' 00" E, 2019.05 feet, in the northerly line of said 236.26 acre tract and in the southerly line of said Sharon Heights Subdivision, to a point;
Thence S 00° 15' 00" W, 20.00 feet to a point;
Thence N 89° 45' 00" W, 2018.99 feet, to the easterly line of said Lot 5 and a westerly line of said original 236.26 acre tract;
Thence N 00° 04' 00" E, 20.00 feet, in the easterly line of said Lot 5 and a westerly line of said original 236.26 acre tract, to the Place Of Beginning, containing 0.927 acres (or 40,380 square feet), more or less.
This description is based on the above referenced deeds and plats. Bearings are based on the northerly line of the original 236.26 acre tract being S 89° 45' 00" E as described in the deed to the State of Ohio in Deed Book 1238, Page 468. Gary L. Elswick, Professional Surveyor #6395, 8/5/05.
Section 2. 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.