Explanation
Background: Real Property Developers, LLC desires to install an sanitary sewer line that will run along that City owned property known as the Hoover Nature Preserve and has therefore requested the City grant a quitclaim deed of easement under and across said real property. After investigation it has been determined by the Department of Public Utilities and the Director of Recreation and Parks that the granting of the easement will not adversely affect the City. The Real Estate Division, Department of Law has established $22,800.00 as the value of the subject easement. The following ordinance authorizes the Director of the Department of Department of Public Utilities and the Director of Recreation and Parks to execute a quitclaim deed and any ancillary documents necessary for the granting of aforementioned quitclaim deed of easement. Fiscal Impact: The $22,800.00 to be received by the City of Columbus, Department of Department of Recreation and Parks as consideration for said easement will be deposited into the appropriate fund, identified in the following legislation. Emergency Justification: Emergency action is requested as not to delay the installation of the sanitary sewer line, which will benefit the City.
Title
To authorize the Director of the Department of Public Utilities and Director of Recreation and Parks to execute and grant a quitclaim deed of easement Real Property Developers, LLC under and across that City owned property known as Hoover Nature Preserve, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the City of Columbus is owner of that real property known as the Hoover Nature Preserve; and
WHEREAS, Real Property Developers, LLC, has requested an easement under and across a portion of said real property in order to install and maintain a sanitary sewer; and
WHEREAS, the Department of Public Utilities and Recreation and Parks has no objection to the granting of the easement, as it has been determined that its granting will not adversely affect the City; and
WHEREAS, the Real Estate Division, Department of Law has established $22,800.00 as the value of such easement right; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Department of Public Utilities and Recreation and Parks to execute a quitclaim deed of easement and any ancillary documents required to grant said quitclaim deed of easement for the immediate preservation of the public peace, property, health 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 and Director of Recreation and Parks be and hereby is authorized to execute a quitclaim deed of easement prepared by the Real Estate Division, Department of Law, and any ancillary documents necessary to grant to Real Property Developers, LLC the following described real property, to-wit:
Easement
Situated in the State of Ohio, County of Delaware, Township of Berkshire, located in Farm Lots 11 and 14, Quarter Township 4, Range 17, United States Military Lands and being a 20 foot wide strip of land across those tracts as conveyed to City of Columbus by deeds of record in Deed Book 259, Page 140, Deed Book 261, Page 451, Deed Book 271, Page 363 and Deed Book 261, Page 372 (all references refer to the records of the Recorder's Office, Delaware County, Ohio) and described as follows:
Beginning, for reference, at Grantor's southwesterly corner (Deed Book 259, Page 140);
Thence North 03º 14' 11" East, with a westerly line of Grantor's tract, a distance of 6.51 feet to the True Point of Beginning for this description;
Thence North 03º 14' 11" East, continuing with said westerly line, a distance of 20.03 feet to a point;
Thence across Grantor's tract the following courses and distances;
South 89º 54' 13" East, a distance of 1367.48 feet to a point;
South 09º 25' 38" East, a distance of 150.20 feet to a point;
South 15º 07' 10" East, a distance of 340.95 feet to a point;
North 68º 40'48" East, a distance of 405.53 feet to a point in Grantor's northerly line (Deed Book 261, Page 372)
South 85º 22' 23" East, with said northerly line, a distance of 45.71 feet to a point;
Thence across Grantor's tract the following courses and distances:
South 68º 40'48" West, a distance of 468.92 feet to a point;
North 15º 07'10" West, a distance of 364.24 feet to a point;
North 09º 25'38" West, a distance of 134.27 feet to a point;
North 89º 54'13" West, a distance of 1351.65 feet to the True Point of Beginning and containing 1.052 acre of land, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Clark E. White
Registered Surveyor No. 7868
Section 2. That the Twenty Two Thousand Eight Hundred Dollars. ($22,800.00), to be received by the City as consideration for the easement rights to be granted shall deposited as follows:
Fund # 223 OCA Code 065664 Object Level Three 0833 Dept./Div. 51-01 Amount: $22,800.00
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.25 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 4. That for the reasons stated 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.