Explanation
Background: The City of Columbus, Ohio is the holder of certain sanitary sewer easement rights, located in the vicinity of North High Street and Highbluffs Boulevard by virtue of recorded deeds of easement. Traditions at Highbluffs, LLC, an Ohio limited liability company, has requested the City release certain sanitary sewers easement rights to the aforementioned sewer easements in exchange for previously granted replacement easements. After investigation, it has been determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted at no charge. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to release a certain sewer easement rights in exchange for a previously granted replacement easement.
Fiscal Impact: N/A
Emergency Justification: The City has already been granted replacement easements, and therefore emergency action is requested to allow the immediate release of the City's interest in the encumbered subject property as agreed upon.
Title
To authorize the Director of the Department of Public Utilities to execute those instruments necessary to release certain sanitary sewer easement rights, located in the vicinity of North High Street and Highbluffs Boulevard, at the request of Traditions at Highbluffs, LLC, an Ohio limited liability company, in exchange for replacement easements previously granted to the City of Columbus, Ohio and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, is the owner of certain sewer easements, located in the vicinity of North High Street and Highbluffs Boulevard, by virtue of recorded instrument in the Franklin County Recorders Office; and
WHEREAS, Traditions at Highbluffs, LLC, an Ohio limited liability company, has requested that certain sanitary sewer easement rights be released in exchange for replacement easements previously granted to the City of Columbus; and
WHEREAS, after investigation, the Division of Sewerage & Drainage, has determined that the proposed exchange of easements will not adversely affect the City and therefore should be granted; and
WHEREAS, an emergency exists in the usual daily operation of The Department of Public Utilities, Division of Sewerage and Drainage, that it is immediately necessary to authorize the Director of Public Utilities to execute those documents necessary to release the subject easement in exchange for certain replacement easements previously granted to the City of Columbus for the preservation of the public health, peace, property and safety; 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, as prepared by the Department of Law, Real Estate Division, necessary to release certain easement rights in and to the following described real property, to wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being that specific easement shown as Exhibit "E" (Pg. J-15) of Official Records Vol. 00937, Pg. J-10, of record in the Recorder's Office, Franklin County, Ohio.
Situated in the State of Ohio, County of Franklin, City of Columbus, and being all easements granted in Official Records Vol. 13414, Pg. F-12, of record in the Recorder's Office, Franklin County, Ohio.
Prior Instrument Reference: O.R. Vol. 00937, Pg. J-10, Pg., Vol. 13414, Pg. F-12,
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.