Explanation
The Public Service Department, Transportation Division, recently received a request from Penni Lindsey asking that the City release a portion of the 10 foot wide platted easement along the line common to Lots 1, 2 and 32 of the Gardens Farms Subdivision, of record in Plat Book 16, Page 16. The release of this platted easement will allow for the construction of a new home for Ms. Lindsey's aging father on property adjacent to her home. After investigation it has been determined there are no objections to the release of the requested portion of this easement. A value of $500.00 has been established for the release of this easement.
The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, as consideration for the release of the requested portion of this platted easement.
Emergency action is requested to allow construction of the proposed home to begin as soon as possible so that the home can be completed during the 2003 construction season and Ms. Lindsey's father can be moved before winter.
Title
To authorize the Director of the Public Service Department to execute those documents required to release a portion of the 10 foot wide platted easement along the line common to Lots 1, 2 and 32 of the Gardens Farms Subdivision, of record in Plat Book 16, Page 16 of the Franklin County, Ohio, Recorder's Office and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request from Penni Lindsey asking that the City release a portion of the 10 foot wide platted easement along the line common to Lots 1, 2 and 32 of the Gardens Farms Subdivision, of record in Plat Book 16, Page 16 of the Franklin County, Ohio, Recorder's Office; and
WHEREAS, the release of this platted easement will allow for the construction of a new home for Ms. Lindsey's aging father on property adjacent to her home; and
WHEREAS, after investigation it has been determined that there are no objections to the release of the requested portion of this easement; and
WHEREAS, a value of $500.00 has been established for the release of the requested portion of this easement; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director to execute those documents necessary to release the requested portion of the platted easement so that construction of the proposed new home can begin as soon as possible, allowing Ms. Lindsey's father to move before winter thereby preserving the public health, peace, property, safety and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Service Department be and is hereby authorized to execute those documents necessary to release the following described portion of a 10 foot wide platted easement to Penni Lindsey; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and lying within the boundaries of a 0.571 acre tract, (0.1212 acres out of the original Lot 1 and 0.0648 acres out of the original Lot 2 and all of Lot 32), in the Garden Farms Subdivision as recorded in Plat Book 16 at Page 16 in the Franklin County Recorder's Office and said easement described by metes and bounds as follows:
A strip of land 10 feet in width, 5 feet on either side of and parallel to the following described centerline;
Beginning at an existing iron pin, which marks the Southwest corner of Lot 21 (said point being the original Northeast corner of Lot 2 and the Northwest corner of Lot 32);
Run South 02 degrees 56 minutes 37 seconds West along the line between Lots 1 and 32, 41.05 feet to an iron pin;
Thence continue South 02 degrees 56 minutes 37 seconds West along the line between Lots 1, 2 and 32, 135.00 feet to the North line of Cedarwood Road for the point of termination of said easement.
Legal description prepared by David E. Slagle, P.S. No. 7408 from survey made by Jose Tirado, dated 12-10-02.
Section 2. That the $500.00 to be received by the City as consideration for the release of this portion of the platted easement shall be deposited in Fund 748, Project 537650.
Section 3. 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 passage if the Mayor neither approves nor vetoes the same.