Explanation
BACKGROUND: The City possesses title to a perpetual sanitary sewer easement described and recorded in Instrument Number 201803280040299, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of Cannon Drive, Columbus, Ohio 43210 {Franklin County Tax Parcel Nos. 010-067007 and 010-067017} (“Servient Estate”) owned by The Ohio State University, State of Ohio (“State”). The City’s Department of Public Utilities (“DPU”) received a request from the State to relocate a portion of the existing infrastructure and easement to accommodate the construction of the new medical tower. DPU reviewed the request and determined that they could relocate the sewer. The State was unable to acquire the authority to grant an amendment to the Easement in time to meet the construction schedule so a new twenty-five (25) year easement was granted to allow the State to relocate the sewer. This easement was described and recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio (“25 Year Easement”). The State obtained authority to amend the perpetual easement via Section 26 of Amended Substitute House Bill 377, passed by the 134th Ohio General Assembly on June 1, 2022 and approved by the Governor on June 28, 2022, and the 25 Year Easement is no longer needed. DPU has determined that terminating the City’s rights to the 25 Year Easement does not adversely affect the City as these rights have now been incorporated in the amended perpetual easement recorded in Instrument Number 202409300101467, Recorder’s Office, Franklin County, Ohio, (“Amendment”) and the release of Instrument Number 202010300170872 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 the City’s easement rights described and recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from the The Ohio State University, State of Ohio (“State”) to relocate a portion of the perpetual sanitary sewer easement described and recorded in Instrument Number 201803280040299, Recorder’s Office, Franklin County, Ohio (“Easement”), to allow for the construction of the new medical tower.
WHEREAS, the State was unable to acquire the authority to grant an amendment to the perpetual easement in time to meet the construction schedule so a new twenty-five (25) year easement (“25 Year Easement”) was granted to allow relocation of the sewer.
WHEREAS, the 25 Year Easement is described and recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio.
WHEREAS, the State now has the authority to amend the perpetual easement to accommodate the relocated portion of the easement and the 25 Year Easement is no longer needed.
WHEREAS, DPU reviewed the request and determined that the 25 Year Easement is no longer needed as the amendment perpetual easement, recorded in Instrument Number 202409300101467, Recorder’s Office, Franklin County, Ohio, covers the same area as the 25 Year Easement and that the 25 Year 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 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 the easement recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio.
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.