EXPLANATION
BACKGROUND:
The City previously entered into a Water Resource Restoration Sponsor Program (“WRRSP”) with the State of Ohio acting through its Ohio Environmental Protection Agency (“OEPA”) pursuant to the passage of Ordinance Number 0575-2011 on July 28, 2011. The WRRSP provided funding for the Lower Olentangy River Ecosystem Restoration (5th Ave. Dam Removal & Riparian Restoration - CIP 650706; WRRSP No. WR390274-0150) Public Project (“Public Project”). Pursuant to accepting WRRSP funding from the OEPA according to Ordinance Number 0951-2012, which passed on May 21, 2012, the City executed an “Environmental Covenant, Ohio Water Pollution Control Loan Fund, Water Resource Restoration Sponsor Program, Lower Olentangy River Watershed, Columbus 5th Avenue Dam Removal and Riparian Restoration Project,” as a holder, with OEPA, The Ohio State University (“OSU”), and the State of Ohio acting through its Department of Administrative Services (“DAS”), which is described and recorded in the public land records in Instrument Number 201206280092869, Recorder’s Office, Franklin County, Ohio (“Covenant”).
The Covenant was first amended according to Ordinance Number 0918-2015, which passed on April 20, 2015, and described and recorded in the public land records in Instrument Number 201504300055240, Recorder’s Office, Franklin County, Ohio (“First Amendment”). The Covenant’s second amendment was recorded on May 23, 2017, which is described and recorded in the public land records in Instrument Number 201705230069092 (“Second Amendment”).
Pursuant to Section 10 of the Covenant, OSU has requested the Covenant be amended in order to replace Exhibit B Addendum 2 of the Second Amendment to address current and future encumbrances within the conservation limits, including a new proposed sanitary sewer CIP 650902-100000 Clinton Sewer District Number 3 Trunk Sewer Siphon Upgrade (CC-19496). Furthermore, the Department of Public Utilities also reviewed OSU’s request to ...
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