Explanation
Background: The City of Columbus, Ohio is the owner of a certain waterline easement by virtue of a recorded deed of easement. The aforementioned water line is located in the vicinity of Sunbury Road and Easton Way. Germain Real Estate Company, LLC has requested the City of Columbus release a portion of the aforementioned waterline easement in exchange for a previously granted replacement easement. After investigation, it has been determined that the 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 aforementioned waterline easement.
Fiscal Impact: N/A
Emergency Justification: N/A
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain waterline easements, located in the vicinity of Sunbury Road and Easton Way, at the request of Germain Real Estate Company, LLC, in exchange for a previously granted replacement.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of a certain waterline easement, located in the vicinity of Sunbury Road and Easton Way, by virtue of a Deed of Easement recorded in the Franklin County Recorders Office, more fully describe in the body of this legislation; and
WHEREAS, Germain Real Estate Company, LLC, has requested that the aforementioned easement be released in exchange for a replacement easement previously granted to the City of Columbus; and
WHEREAS, After investigation, the Department of Public Utilities, Division of Water, has determined that the release of said easement rights 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, prepared by the Department of Law, Real Estate Division, necessary to release certain waterline easement rights in and to the following described real property, acquire by virtue of a Deed of Easement recorded in the Recorder's Office, Franklin County, Ohio, to wit:
WATERLINE EASEMENT RELEASE 0.572 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands and being a strip of land across the 5.527 and 3.823 acre tracts conveyed to Germain Real Estate Company, LLC by deed of record in Instrument Number 2004101202536914 (all deed references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at the centerline intersection of Sunbury Road with Easton Way;
thence South 76° 30' 33" East, with the centerline of Easton Way, 441.00 feet to a point;
thence North 13° 29' 27" East, across the right-of-way of said Easton Way, 36.50 feet to a point on the northerly right-of-way line thereof, the True Point of Beginning;
thence across said 5.527 and 3.823 acre tracts, the following courses and distances:
North 13°29'27" East, a distance of 9.99 feet to a point:
North 24°48'27" East, a distance of 75.49 feet to a point:
North 02° 18'27" East, a distance of 268.83 feet to a point;
North 24º48'27" East, a distance of 138.50 feet to a point;
North 02° 18'27" East, a distance of 334.59 feet to a point in the line common to said 9.350 acre tract and that 4.621 acre tract of land conveyed to Germain Real Estate Company, LLC by deed of record in Instrument Number 200105080099661;
thence South 87°40'07" East, with said common line a distance of 30.00 feet to a point;
thence across said 3.823 and 5.527 acre tracts, the following courses and distances:
South 02° 18'27" West, a distance of 340.56 feet to a point;
South 24°48'27" West, a distance of 138.50 feet to a point;
South 02°18'27" West, a distance of 268.83 feet to a point;
South'24°48'27" West, a distance of 78.49 feet to a point;
South 13°29'27" West, a distance of 7.02 feet to a point, in said northerly right-of-way line;
thence North 76º29'25" West, with said northerly right-of-way line a distance of 30.00 feet to the True Point of Beginning and containing 0.572 acre of land, more or less.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.