Explanation
The City of Columbus, Ohio, holds title to two sewer easements, located in the vicinity of East Hudson Street and Parkwood Avenue, by virtue of recorded deed of easements in Vol. 1441, Pg. 496 and Vol. 1480, Pg. 221. Columbus Elderly II LLC has requested that said easements be released in exchange for replacement easements which they have granted to the City of Columbus, Ohio. The Division of Sewerage and Drainage has determined that the release of the original sewer easements will not adversely affect the City and therefore should be granted. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release the requested sewer easements in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate release of the subject easements in exchange for an easement already receive by the City as not to delay the development and the improvement to the property.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release two City utility easements, located in the vicinity of East Hudson Street and Parkwood Avenue, at the request of Columbus Elderly II LLC, an Ohio limited liability company, in exchange for a replacement easement previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, holds title to two sewer easements, located in the vicinity of East Hudson Street and Parkwood Avenue, by virtue of recorded deed of easements in Vol. 1441, Pg. 496 and Vol. 1480, Pg. 221; and
WHEREAS, Columbus Elderly II LLC, has requested that said easements be released in exchange for a replacement easement given to the City of Columbus, Ohio, necessary for the existing sanitary main City of Columbus, Ohio, Instrument No. 201010120135308, Franklin County Recorder's Office; and
WHEREAS, the Division of Sewerage and Drainage has determined that the release of said easements in Vol. 1441, Pg. 496 and Vol. 1480, Pg. 221, will not adversely affect the City of Columbus;
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorize the Director of the Department of Public Utilities to execute those documents necessary to release certain utility easement at the request of Columbus Elderly II LLC, for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be, and hereby is authorized to execute those documents, prepared by the Department of Law, Real Estate Division, necessary to release unto COLUMBUS ELDERLY II LLC, an Ohio limited liability company, those sewer easement rights granted in Vol. 1441, Pg. 496 and Vol. 1480, Pg. 221, in exchange for a replacement easement given to the City of Columbus, Ohio and recorded as Instrument Number 200908250124259, Franklin County, Ohio Recorder's Office.
Section 2. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.