...Explanation
BACKGROUND: The City possesses title to a sanitary easement described and recorded in Instrument Number 200202220048402, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of 4157 River Bridge Circle, Grove City, Ohio 43123, {Franklin County Tax Parcel 570-139944} (“Servient Estate”) currently owned by the Columbus Metropolitan Housing Authority, an Ohio nonprofit corporation. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owner of the Servient Estate to vacate a 0.046 acre, more or less, portion of the existing Easement and determined that the portion of the Easement is no longer needed as the sanitary sewer was abandoned under CC18110 and the easement is no longer necessary. DPU has determined that terminating the City’s rights to the portion of the Easement does not adversely affect the City and should be granted at no monetary cost.
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 of the City’s sanitary easement rights described and recorded in Instrument Number 200202220048402, Recorder’s Office, Franklin County, Ohio. ($0.00)
...Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from the Columbus Metropolitan Housing Authority, an Ohio nonprofit corporation, to vacate a 0.046 acre, more or less, portion of sanitary easement recorded in Instrument Number 200202220048402, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the 0.046 acre, more or less, portion of the Easement is no longer needed as it was abandoned under CC 18110 and the portion of the Easement should be released at no monetary cost; 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 release the City’s rights to the 0.046 acre portion of the sanitary sewer easement as the easement is no longer needed; 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 0.046 acre, more or less, portion of the sanitary sewer easement recorded in Instrument Number 200202220048402, Recorder’s Office, Franklin County, Ohio, which 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.