Explanation
BACKGROUND: The City of Columbus, Ohio ("City") holds title to a sewer utility easement recorded in Instrument № 200505200096521 ("Old Easement"), Recorder's Office, Franklin County, Ohio. Traditions at Highbluffs LLC ("TAH"), an Ohio limited liability company, now request the City to partially release its sewer easement rights in the Old Easement. The City's Department of Public Utilities reviewed, approved, and determined that the partial release of the sewer utility easement rights in the Old Easement will not adversely affect the City and should be granted at no cost, because TAH granted the City a new, replacement sewer utility easement recorded in Instrument № 201112300170915 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio. Therefore, the following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to partially release the City's easement rights in the Old Easement.
FISCAL IMPACT: N/A
EMERGENCY JUSTIFICATION: N/A.
Title
To authorize the Director of the Department of Public Utilities, City of Columbus, Ohio, to execute those documents necessary to partially release to Traditions at Highbluffs LLC, an Ohio limited liability company, the City's sewer easement rights recorded in Instrument № 200505200096521, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel № 610-274883.
Body
WHEREAS, the City of Columbus, Ohio ("City"), holds title to a sewer utility easement recorded in Instrument № 200505200096521 ("Old Easement"), Recorder's Office, Franklin County, Ohio; and
WHEREAS, Traditions at Highbluffs LLC ("TAH"), an Ohio limited liability company, granted the City a new, replacement easement recorded in Instrument № 201112300170915 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio; and
WHEREAS, as accommodation for the Replacement Easement, TAH now requests the City to partially release its sewer easement rights in the Old Easement; and
WHEREAS, the City's Department of Public Utilities reviewed, approved, and determined that the partial release of the City's sewer utility easement rights in the Old Easement will not adversely affect the City and should be granted at no cost, because TAH granted the City the Replacement Easement; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The Director of the Department of Public Utilities, City of Columbus, Ohio, is authorized to execute those documents prepared by the Columbus City Attorney, Real Estate Division, necessary to release to Traditions at Highbluffs LLC, an Ohio limited liability company, the City's sewer utility easement rights in the following described two (2) tracts of real property:
0.196 ACRE EASEMENT AREA RELEASE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Farm Lot 50 in the Second Tier of Outlots, Quarter Township 2, Township 2, Range 18, United States Military Lands, being a portion of that existing Sanitary Sewer Easement of record in Instrument Number 200505200096521, being across that 19.658 acre tract conveyed to Traditions at Highbluffs, LLC by deed of record in Instrument Number 200503170049255 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference at a northeasterly corner of said 19.658 acre tract, a northwesterly corner of that 0.532 acre tract conveyed to City of Columbus, Ohio by deed of record in Official Record 13525F04, in the southerly line of "The Condominium at Orchard Knoll" of record in Condominium Plat Book 66, Page 18, being the northwesterly corner of the westerly terminus of Lazelle Road West;
Thence South 83° 43' 29" West, with the southerly line of said "The Condominium at Orchard Knoll", a distance of 169.76 feet to the TRUE POINT OF BEGINNING;
Thence across said 19.658 acre tract and with the perimeter of said existing Sanitary Sewer Easement, the following courses and distances:
· South 17° 07' 53" West, a distance of 29.50 feet to a point;
· South 06° 16' 31" East, a distance of 62.97 feet to a point;
· South 83° 43' 29" West, a distance of 292.22 feet to a point;
· South 34° 08' 00" West, a distance of 45.34 feet to a point;
· South 82° 35' 43" West, across said Sanitary Sewer Easement, a distance of 26.72 feet to a point;
· North 34° 08' 00" East, a distance of 72.29 feet to a point;
· North 83° 43' 29" East, a distance of 281.46 feet to a point;
· North 06° 16' 31" West, a distance of 47.11 feet to a point; and
· North 17° 07' 53" East, a distance of 24.98 feet to a point in the southerly line of said "The Condominium at Orchard Knoll";
Thence North 83° 43' 29" East, with the southerly line of said "The Condominium at Orchard Knoll", a distance of 21.79 feet to the TRUE POINT OF BEGINNING, and containing 0.196 acre of land, more or less.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Registered Surveyor № 8250
THIS LEGAL DESCRIPTION IS DEPICTED IN THE ATTACHED MAP EXHIBIT, EXHIBIT "A", WHICH IS FULLY INCORPORATED INTO THIS ORDINACE.
0.394 ACRE EASEMENT AREA RELEASE
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Farm Lot 49 in the Second Tier of Outlots, Quarter Township 2, Township 2, Range 18, United States Military Lands, being a portion of that existing Sanitary Sewer Easement of record in Instrument Number 200505200096521, being across that 19.658 acre tract conveyed to Traditions at Highbluffs, LLC by deed of record in Instrument Number 200503170049255 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and being described as follows:
Beginning, for reference at a northeasterly corner of said 19.658 acre tract, a southeasterly corner of that 1.862 acre tract conveyed to Metropolitan 23, LLC by deed of record Instrument Number 200808050119448, in the westerly line of that 0.075 acre tract conveyed as Parcel 14WD-1 to City of Columbus, Ohio by deed of record in Instrument Number 200011200235149, being the westerly right-of-way line of North High Street (U.S. 23);
Thence South 87° 09' 21" West, with the southerly line of said 1.862 acre tract, a distance of 101.28 feet to a point;
Thence South 02° 50' 39" East, across said 19.658 acre tract, a distance of 6.50 feet to a corner of said Sanitary Sewer Easement, being the TRUE POINT OF BEGINNING;
Thence across said 19.658 acre tract and with the perimeter of said existing Sanitary Sewer Easement, the following courses and distances:
· South 02° 50' 39" East, a distance of 20.00 feet to a point;
· South 87° 09' 21" West, a distance of 266.30 feet to a point;
· North 03° 20' 01" West, a distance of 112.19 feet to a point;
· South 87° 09' 21" West, a distance of 386.90 feet to a point;
· South 51° 51' 25" West, a distance of 94.39 feet to a point;
· North 02° 52' 01" West, across said existing Sanitary Sewer Easement, a distance of 24.50 feet to a point;
· North 51° 51' 25" East, a distance of 86.60 feet to a point;
· North 87° 09' 21" East, a distance of 413.10 feet to a point;
· South 03° 20' 01" East, a distance of 112.19 feet to a point;
· North 87° 09' 21" East, a distance of 246.47 feet to the TRUE POINT OF BEGINNING, and containing 0.394 acre of land, more or less.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Registered Surveyor № 8250
THIS LEGAL DESCRIPTION IS DEPICTED IN THE ATTACHED MAP EXHIBIT, EXHIBIT "B", WHICH IS FULLY INCORPORATED INTO THIS ORDINACE.
SECTION 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law.