Explanation
Background: The City of Columbus, Ohio holds title to a sanitary easement, located in the vicinity of Neil Avenue and Nationwide Boulevard, by virtue of a recorded deed of easement. Nationwide Realty Investors, Ltd. ("Developer") 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: Upon investigation the sewer constructed under referenced plan CC-134647 is outside of the subject easement granted to the City by Nationwide Arena LLC, therefore emergency action is requested to allow for the immediate release of the subject easement in exchange for an easement already received and recorded by the City in order to correct this possible encroachment.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to release a sanitary easement, located in the vicinity of Neil Avenue and Nationwide Boulevard, at the request of Nationwide Realty Investors, Ltd. 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 is the holder of certain sanitary sewer easement rights, located in the vicinity of Neil Avenue and Nationwide Boulevard, by virtue of a recorded deed of easement; and
WHEREAS, Nationwide Realty Investors, Ltd., requested that the aforementioned sanitary sewer easement be released; and
WHEREAS, the City has previously been granted a replacement easement for the subject development area; 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 sanitary utility easement at the request of Nationwide Realty Investors, Ltd., 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 NATIONWIDE ARENA LLC the Deed of Easement recorded as instrument Number 200311260380060 in the 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.