Explanation
BACKGROUND:
The City of Columbus, Ohio ("City") holds title to a right-of-way easement being used for public utilities described and recorded in Deed Volume 2484, Page 475 ("Easement"), Recorder's Office, Franklin County, Ohio. The successor-Grantor of the Easement, Plaskolite, Inc. ("Plaskolite"), an Ohio corporation, requests the City to release certain portions of the City's easement rights in the Easement that were removed and abandoned under RP 2143. The City's Department of Public Utilities, Division of Sewerage and Drains, reviewed, approved, and determined releasing portions of the City's sewer utility easement rights in the Easement do not adversely affect the City and should be granted at no cost, because the City removed and abandoned infrastructure in the easement area Plaskolite requests released. Therefore, this legislation authorizes the Director of the Department of Public Utilities to execute those documents, as prepared and approved by the Columbus City Attorney, necessary to release to Plaskolite certain portions of the City's easement rights in the Easement.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Not applicable.
Title
To authorize the Director of the Department of Public Utilities on behalf of the City of Columbus, Ohio, to execute those documents, as prepared by the Columbus City Attorney, necessary to release to Plaskolite, Inc., an Ohio corporation, certain portions of the City's sewer utility easement rights described and recorded in Deed Volume 2484, Page 475, Recorder's Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the City of Columbus, Ohio ("City") holds title to a right-of-way easement being used for public utilities described and recorded in Deed Volume 2484, Page 475 ("Easement"), Recorder's Office, Franklin County, Ohio;
WHEREAS, the successor-Grantor of the Easement, Plaskolite, Inc. ("Plaskolite"), an Ohio corporation, requests the City to release certain portions of the City's easement rights in the Easement that were removed and abandoned under RP 2143;
WHEREAS, the City's Department of Public Utilities, Division of Sewerage and Drains, reviewed, approved, and determined releasing portions of the City's sewer utility easement rights in the Easement do not adversely affect the City and should be granted at no cost, because the City removed and abandoned infrastructure in the easement area Plaskolite requests released; 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 on behalf of the City of Columbus, Ohio ("City"), is authorized to execute those documents, as prepared and approved by the Columbus City Attorney, to forever release, relinquish, and discharge to Plaskolite, Inc. ("Plaskolite"), an Ohio corporation, the City's easement rights in only the following described easement area:
0.009 ACRE EASEMENT AREA RELEASE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of that 10 foot wide easement granted to the City of Columbus of record in Deed Book 2484, Page 475 that is crossing that 6.941 acre (residual) tract described in a deed to Plaskolite, Inc. of record in Deed Book 2408, Page 585 and O.R. 1915 F03 (all references are to the records in the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at the point of terminus of said existing 10 foot wide strip easement described in Deed Book 2484, Page 475;
Thence North 66° 11' 00" East 5.00 feet, along the northerly terminus of said 10 foot wide easement, to a point;
Thence South 23° 49' 00" East 41.90 feet, continuing along a line of said easement, to an angle point in the side limits of said easement;
Thence North 87° 23' 00" West 11.17 feet, crossing said easement, to a point on the westerly limits of said easement;
Thence North 23° 49' 00" West 36.93 feet, along a westerly line of said easement, to a point;
Thence North 66° 11' 00" East 5.00 feet, along the northerly line of said easement, to the Point of Beginning, containing 394 square feet, more or less.
Bearings are used for the determination of angles only. For the purpose of this description, bearings are referenced to those used in Deed Book 2484, Page 475 and Deed Book 2408, Page 585, in the Franklin County Recorder's Office.
The above description was prepared from existing records by Site Engineering, Inc.
SITE ENGINEERING, INC.
Mark A. Hazel, 9/7/2011, Professional Surveyor № 7039
SECTION 2. The City's remaining easement rights described and recorded in Deed Volume 2484, Page 475, Recorder's Office, Franklin County, Ohio, not released by this ordinance continues to remain effective against Plaskolite and its successors and assigns.
SECTION 3. This ordinance shall take effect and be in force from and after the earliest period allowed by law.