Explanation
1. Background
In 1916, pursuant to the recording of a plat known as W.A. Turner Subdivision within Plat Book 10, Page 248 and 249, the City of Columbus obtained a north/south easement for utilities. This easement is 5 feet in width.
The Department of Public Service recently received a request from the property owner, Martin Carpet Properties, LLC, asking that the City release the easement over the area to clear title so the site can be redeveloped. After receipt of this request the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area and that they have no objections to this portion of easement being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release the portion of easement as described below and in the attached exhibit, to allow for the property to clear title so the site can be redeveloped.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easement.
3. EMERGENCY JUSTIFICATION: Emergency action is requested to allow the Department of Public Service to timely execute those documents necessary to release the portion of easement known as W.A. Turner Subdivision to Martin Carpet Properties, LLC to allow for the property to clear title so the site can be redeveloped and the project can
proceed on schedule.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release the portion of easement known as W.A. Turner Subdivision to Martin Carpet Properties, LLC to allow for the property to clear title so the site can be redeveloped; and to declare an emergency. ($0.00)
Body
WHEREAS, in 1916, pursuant to the recording of a plat known as W.A. Turner Subdivision within Plat Book 10, Page 248 and 249, the City of Columbus obtained a north/south easement for utilities. This easement is 5 feet in width; and
WHEREAS, the Department of Public Service recently received a request from the property owner, Martin Carpet Properties, LLC, asking that the City release the easement over the area to clear title so the site can be redeveloped; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area and that they have no objections to this portion of easement being released; and
WHEREAS, a value of $500.00 was established; and
WHEREAS, the Director of the Department of Public Service is authorized to execute those documents necessary to release the portion of easement as described below and attached exhibit, to allow for the property to clear title so the site can be redeveloped; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to execute those documents necessary to release the portion of easement known as W.A. Turner Subdivision to Martin Carpet Properties, LLC at the earliest possible date and allow the redevelopment project to proceed as scheduled, thereby preserving the public health, peace, property and safety;
NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. To authorize the Director of the Department of Public Service to execute those documents necessary to release the portion of easement as described below and in the attached exhibit, to allow for the property to clear title so the site can be redeveloped:
Easement Areas to be released:
0.012 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, and being located on Lots 1, 2 7 & 8 of William A. Turner’s Subdivision, as shown on the recorded plat thereof, of record in Plat Book 10, Page 248, (all references used in this description refer to the records of the Recorder’s Office, Franklin County, Ohio), and containing 0.012 acre of land, more or less, and being located on that tract of land (All of Lots 1, 7 & 8 and 21.67 feet off the north side of Lot 2 of said William A. Turner’s Subdivision, Parcel # 010-052059, conveyed to Martin Carpet Properties, LLC, of record in Instrument Number 200902030013363 & Instrument Number 200902030013364), said 0.012 acre Easement Release tract being more particularly described as follows: Beginning, for reference, at the northwesterly corner of said Lot 1, also being in the easterly Right of Way line of South Front Street (82.5 feet in width); Thence with the northerly line of said Lot 1, North 81°44’00” East, a distance of 91.30 feet to the true point of beginning of the herein described Easement Release tract; Thence with the northerly line of said Lot 1, and continuing with the northerly line of said Lot 8, North 81°44’00” East, a distance of 5.00 feet to a point on the easterly line of an existing easement (to be released); Thence with the easterly line of said existing easement (to be released), South 8°23’00” East, a distance of 127.50 feet to a point on the northerly line of an existing easement; Thence with the northerly line of said existing easement, South 81°44’00” West, a distance of 2.50 feet to a point on the westerly line of said Lot 7; Thence with the westerly line of said Lot 7, North 8°23’00” West, a distance of 40.83 feet to the northeasterly corner of that tract of land conveyed to Front Wall, LLC, of record in Instrument Number 201307260125808; Thence with the northerly line of said Front Wall tract, South 81°44’00” West, a distance of 2.50 feet to a point on the westerly line of an existing easement (to be released); Thence with the westerly line of said existing easement (to be released) North 8°23’00” West, a distance of 86.67 feet to the point of beginning, and containing 0.012 acre of land, more or less. Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established. Basis of Bearings: The easterly Right of Way line of Front Street was assigned an assumed bearing of North 8°23’00” West, and all others calculated from this meridian. Easement Release prepared by: Kevin Beechy Ohio Professional Surveyor No. 7891
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
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 passage if the Mayor neither approves nor vetoes the same.