Explanation
BACKGROUND: The City possesses title to a perpetual utility easement rights reserved and described and recorded in Instrument Number 201605170061956, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of Nationwide Boulevard Columbus, Ohio 43215 {portions of Franklin County Tax Parcels 010-303975 010-300555 and 010-303976} (“Servient Estate”) currently owned by Confluence Development, LLC, a Delaware limited liability company. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owners of the Servient Estate to release certain 0.416 acre, 0.272 acre, and 0.084 acre portions of the existing Easement and determined that the portions of the Easement are no longer needed as new easements have been recorded and/or utilities have been relocated. DPU has determined that terminating the City’s rights to 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 and terminate a portion of the City’s utility easement rights reserved and described and recorded in Instrument Number 201605170061956, Recorder’s Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from Confluence Development, LLC, to release three portions of the utility easement rights reserved and recorded in Instrument Number 201605170061956, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the portions of the Easement are no longer needed and that the requested portions of the Easement should be released at no monetary cost; and
WHEREAS, the City intends to release and terminate a portion of its utility easement rights described and recorded in Instrument Number 201605170061956, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, the City intends for the City Attorney to approve all document(s) associated with this ordinance; 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”) is authorized to execute any document(s) necessary to release and terminate only the 0.416 acre, 0.272 acre, and 0.084 acre, more or less, portions of the utility easement recorded in Instrument Number 201605170061956, Recorder’s Office, Franklin County, Ohio, which is further described and depicted in the six (6) 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.