...Explanation
BACKGROUND: The City possesses title to a sanitary easement described and recorded in ORV 698, Page 2547, Recorder’s Office, Delaware County, Ohio, (“Easement”). The Easement burdens real property located in the vicinity of 1551 Gemini Place, Columbus Ohio 43240 {Delaware County Tax Parcel 318-431-01-018-004} (“Servient Estate”) currently owned by Polaris AV LLC, an Ohio limited liability company. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owner of the Servient Estate to vacate a 0.186 acre, more or less, portion of the existing Easement and determined that the portion of the Easement is no longer needed as the alignment was changed under Record Plan 19851 and a new easement was recorded in Deed Book 1548, Page 1447, Recorder’s Office, Delaware County, Ohio and the released portion of the easement is no longer necessary. DPU has determined that terminating the City’s rights to the portion of 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 a portion the City’s sanitary easement rights described and recorded in ORV 698, Page 2547, Recorder’s Office, Delaware County, Ohio. ($0.00)
...Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from Polaris AV LLC, an Ohio limited liability company, to vacate a 0.186 acre, more or less, portion of sanitary easement recorded in ORV 698, Page 2547, Recorder’s Office, Delaware County, Ohio, (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the 0.186 acre, more or less, portion of the Easement is no longer needed as a new sanitary sewer easement was granted in Deed Book 1548, Page 1447, Recorder’s Office, Delaware County, Ohio and the portion of the 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
WHEREAS, it has become necessary in the usual daily operations of DPU to release the City’s rights to the 0.186 acre portion of the sanitary sewer easement as the easement is no longer needed; 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 only a 0.186 acre, more or less, portion of the sanitary easement recorded in ORV 698, Page 2547, Recorder’s Office, Delaware County, Ohio, which is further described and depicted in the two (2) 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.