Explanation
BACKGROUND: The City of Columbus, Ohio is the owner of that real property, located in the vicinity of Dublin Road and Hertford Lane. It has been discovered that a playhouse and fence, determined to be owned by Jeffrey W. Edwards and Lisa A. Edwards, encroaches onto portions of the city's real property. The Recreation and Parks Department and the Department of Public Utilitieshave determined that the granting of a quitclaim deed of determinable encroachment easement for a period of no more than 10 years will not adversely affect the city and should be allowed. Upon the expiration of the 10-year period, the easement will automatically terminate and revert to the city and the owner must remove the structures and return the real property back to its original condition. The City Attorney's Real Estate Division has established Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) as the value of the easement. The following ordinance authorizes the Director of the Recreation and Parks Department and the Director of the Department of Public Utilities to execute those documents necessary to grant the aforementioned easement.
Fiscal Impact: The $4,356.00 to be received by the city, as consideration for the granting of the encroachment easement, shall be deposited in the Public Utilities Department, Department No. 60-09, Special Purpose Fund 223, Sub Fund 062 Waterways Nature Preservation Fund.
Title
To authorize the Director of the Recreation and Parks Department and the Director of the Department of Public Utilities to execute those documents necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Jeffrey W. Edwards and Lisa A. Edwards in order to alleviate existing encroachments onto City property located in the vicinity of Dublin Road and Hertford Lane.
Body
WHEREAS, the City of Columbus, Ohio is the owner of that real property located in the vicinity of Dublin Road and Hertford Lane; and
WHEREAS, it has been discovered that a playhouse and fence, determined to be owned by Jeffrey W. Edwards and Lisa A. Edwards, encroaches onto portions of the City's real property; and
WHEREAS, the Recreation and Parks Department and the Department of Public Utilities have determined that the granting of a quitclaim deed of determinable encroachment easement for a period of no more than 10 years will not adversely affect the City and should be allowed; and
WHEREAS, upon the expiration of the 10-year period, the easement will automatically terminate and revert to the City and the owner must remove the structure and return the real property back to its original condition; and
WHEREAS, the Real Estate Division, Department of Law has established Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) as the value of the easement; and
WHEREAS, the following ordinance authorizes the Director of the Department of Public Utilities and the Director of the Recreation and Parks Department to execute those documents necessary to grant the aforementioned easement; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Recreation and Parks Department and the Director of the Department of Public Utilities be and hereby are authorized to execute those documents, prepared by the City Attorney's Office, Department of Law, Real Estate Division, necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to Jeffrey W. Edwards and Lisa A. Edwards in order to alleviate an existing encroachment onto the following described City property:
SECTION 2. That the Four Thousand Three Hundred Fifty Six Dollars ($4,356.00) received by the City as consideration for the subject encroachment easement rights to be granted shall be deposited in the Public Utilities Department, Department No. 60-09, Special Purpose Fund 223, Sub Fund 062 Waterways Nature Preservation Fund.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.