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File #: 0596-2005    Version: 1
Type: Ordinance Status: Passed
File created: 3/17/2005 In control: Utilities Committee
On agenda: 4/18/2005 Final action: 4/20/2005
Title: To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement, located in the vicinity of Lee Road and Central College, at the request of Dominion Homes, Inc., in exchange for a replacement easement previously granted to the City of Columbus, Ohio and to declare an emergency.
Explanation
 
Background:    The City of Columbus, Ohio holds title to an easement, located in the vicinity of Lee Road and Central College Road, by virtue of a recorded deed of easement.  Dominion Homes, Inc., has requested that the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus.  The Division of Sewerage and Drainage has determined that the proposed exchange of 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 aforementioned sewer easement 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 easement in exchange for an easement already receive by the City.
 
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a certain utility easement, located in the vicinity of Lee Road and Central College, at the request of Dominion Homes, Inc., 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 an easement, located in the vicinity of Lee Road and Central College Road, by virtue of a recorded deed of easement; and,
 
WHEREAS, Dominion Homes, Inc., has requested that the subject easement be released in exchange for a replacement easement previously granted to the City of Columbus; and,
 
WHEREAS, the Division of Sewerage and Drainage has determined that the release of said easement will not adversely affect the City of Columbus; and
 
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 a certain utility easement at the request of Dominion Homes, Inc., 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 Dominion Homes, Inc., an Ohio Corporation, the deed of easement of record as Instrument Number 200409010204972, Recorder's Office, Franklin County, Ohio.
 
 
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.