Explanation
BACKGROUND: The City possesses title to a sewer easement described and recorded in Instrument Number 19340426000386, Deed Book 1000, Page 531 Recorder’s Office, Franklin County, Ohio, as modified by an unrecorded agreement dated June 30, 1934 (collectively the “Easement”). The Easement burdens real property located in the vicinity of 480 Medical Center Dive, Columbus Ohio 43210 {Franklin County Tax Parcel 010-067017} (“Servient Estate”) currently owned by the State of Ohio, on behalf of the Ohio State University. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owner of the Servient Estate to vacate a 0.323 acre, more or less, portion of real property from the existing Easement and determined that the portion of the Easement is no longer needed as a new easement was recorded in Instrument Number 202209220134917, Recorder’s Office, Franklin County, Ohio (“New Easement”). DPU has determined that terminating the City’s rights under the Easement for the 0.323 acre area does not adversely affect the City and should be granted at no monetary cost as the City will retain all its rights under the New Easement.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Not applicable.
Title
To authorize the director of the Department of Public Utilities to execute those document(s) necessary to release a portion the City’s stormwater easement rights described and recorded in Deed Book 1000, Page 531, Recorder’s Office, Franklin County, Ohio and an unrecorded agreement dated June 30, 1934. ($0.00)
Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request by the State of Ohio, on behalf of the Ohio State University, to vacate a 0.323 acre, more or less, portion of sewer easement recorded in Instrument Number 193404260000386, Recorder’s Office, Franklin County, Ohio, and modified by an unrecorded agreement dated June 30, 1934 (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the rights under the Easement over the 0.323 acre, more or less, portion of real property is no longer needed, as a new sewer easement was granted in Instrument Number 202209220134917, Recorder’s Office, Franklin County, Ohio, which also burdens the 0.323 acre portion of real property; and
WHEREAS, the City intends for the City Attorney to approve all document(s) associated with this ordinance; and
WHEREAS, it has become necessary in the usual daily operations of DPU to execute the release at no cost; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Utilities (“DPU”) be, and hereby is, authorized to execute any document(s) necessary to release and terminate only a 0.323 acre, more or less, portion of real property from the sewer easement rights granted pursuant to, Instrument Number 193404260000386, Recorder’s Office, Franklin County, Ohio, and a unrecorded modified agreement dated June 30, 1934, which property is further described and depicted in the two (2) page attachment, Exhibit-A, and fully incorporated for reference as if rewritten.
SECTION 2. That the City Attorney is required to approve all document(s) associated with this ordinance prior to the Director of DPU executing and acknowledging any of those document(s).
SECTION 3. That this ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.