Explanation
Background: The City of Columbus, Ohio is the holder of certain sewer easement rights by virtue of a recorded deed of easement. The Triangle Real Estate Services, Inc. has requested the City release the aforementioned sewer easements, in exchange for previously granted replacement easements. After investigation, it has been determined that the proposed exchange of easements 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 aforementioned sewer easements in exchange for certain previously granted replacement easements.
Fiscal Impact: N/A
Emergency Justification: The City has already been granted replacement easements, and therefore emergency action is requested to allow the immediate release of the City's interest in the encumbered subject property as agreed upon.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sewer easements at the request of the Triangle Real Estate Services, Inc. in exchange for replacement easements previously granted to the City of Columbus, Ohio, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of certain sewer easement rights by virtue of recorded deed of easement: Volume 2730, Page 213 in the Franklin County Recorders Office; and
WHEREAS, The Triangle Real Estate Services, Inc., has requested that the aforementioned sewer easements be released in exchange for replacement easements previously granted to the City of Columbus; and
WHEREAS, the Division of Sewerage & Drainage, after investigation, has determined that the release of said easement rights will not adversely affect the operations of the City of Columbus; and
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Sewerage and Drainage, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release the subject easements in exchange for replacement easements previously granted to the City of Columbus for the 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 those documents, prepared by the Department of Law, Real Estate Division, necessary to release certain City held public utility easement rights in and to the that real property, acquire by virtue of that deed of easement recorded in Official Records, Volume 2730, Page 213 & 214, to wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being two (2) strips of land out of Sunbury Hills, Inc. 60.799 acre tract and being of record in Deed Book 2628, Page 294, Recorder's Office, Franklin County, Ohio, the centerline of said still being described as follows:
Strip No. 1: Being a strip of land ten (10) feet in width and the point of beginning being located 689.98 feet easterly from the centerline of Gatewood Reed (60 feet in width) and 111.82 feet southerly from the northerly boundary of said 60.799 acre tract; thence southwardly, parallel to the centerline of said Gatewood Road, a distance of 30 feet to a point;
Thence southeasterly, a distance of 254 feet, more or less, to the point of ending, said point of ending being located 720.98' easterly from the centerline of said Gatewood Road and 394.11 feet southerly from the northerly boundary of said 60.799 acre tract.
Strip No. 2: Being a strip of land twelve (12) feet in width and the point of beginning being located 684.98 feet easterly from the centerline of said Gatewood Road and 388.76 southerly from the northerly boundary of said 60.799 acre tract; thence eastwardly perpendicular from the northerly boundary of the centerline of said Gatewood Road, a distance of 100.00 feet to the place of ending.
Section 2. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.