Explanation
BACKGROUND: The City of Columbus, Ohio ("City") holds title to a sanitary sewer utility easement recorded in Instrument № 20120921014181 ("Old Easement"), Recorder's Office, Franklin County, Ohio. As Grantor of the Old Easement, Main St. DG, LLC ("MSDG"), an Ohio limited liability company, now requests the City to release its sanitary sewer easement rights in the Old Easement. The City's Department of Public Utilities reviewed, approved, and determined that the release of the sanitary sewer utility easement rights in the Old Easement will not adversely affect the City and should be granted at no cost, because MSDG granted the City a new, replacement sanitary sewer utility easement recorded in Instrument № 201212030184268 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio. Therefore, the following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to release the City's easement rights in the Old Easement.
FISCAL IMPACT: N/A
EMERGENCY JUSTIFICATION: Emergency action is requested in order to not unnecessarily burden title to MSDG's real property located at Franklin County Tax Parcel № 010-038945, which preserves the public peace, health, property, safety, and welfare.
Title
To authorize the City's Director of the Department of Public Utilities to execute those documents necessary to release to Main St. DG, LLC, an Ohio limited liability company, the City's sanitary sewer easement rights recorded in Instrument № 20120921014181, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel № 010-038945; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio ("City"), holds title a sanitary sewer utility easement recorded in Instrument № 20120921014181 ("Old Easement"), Recorder's Office, Franklin County, Ohio; and
WHEREAS, Main St. DG, LLC ("MSDG"), an Ohio limited liability company, granted the City a new, replacement easement recorded in Instrument № 201212030184268 ("Replacement Easement"), Recorder's Officer, Franklin County, Ohio; and
WHEREAS, as accommodation for the Replacement Easement, MSDG now requests the City to release its sanitary sewer easement rights in the Old Easement; and
WHEREAS, the City's Department of Public Utilities reviewed, approved, and determined that the release of the sanitary sewer utility easement rights in the Old Easement will not adversely affect the City and should be granted at no cost, because MSDG granted the City the Replacement Easement; and
WHEREAS, an emergency exists in the usual daily operations of the City in that it is immediately necessary to partially release the Old Easement in order to not unnecessarily burden title to MSDG's real property located at Franklin County Tax Parcel № 010-038945, which preserves the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The City's Director of the Department of Public Utilities is authorized to execute those documents prepared by the Columbus City Attorney, Real Estate Division, necessary to release to Main St. DG, LLC, an Ohio limited liability company, its sanitary sewer utility easement rights in Instrument № 20120921014181, Recorder's Office, Franklin County, Ohio:
SECTION 2. For the reasons stated in the preamble of this ordinance, which is made a part legislation, this ordinance is declared to be an emergency measure and shall take effect and be in force after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.