...Explanation
BACKGROUND: The City possesses title to a sanitary easement described and recorded in Official Record 10635E03, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of 1581 West Broad Street, Columbus, Ohio 43222, {Franklin County Tax Parcel 010-209349} (“Servient Estate”) currently owned by the Columbus Metropolitan Housing Authority, an Ohio nonprofit corporation. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owner of the Servient Estate to vacate a 0.0042 acre, more or less, portion of the existing Easement and determined that the portion of the Easement is no longer needed as the sanitary sewer manhole was removed and relocated under CC18110 and the released portion of the easement is no longer necessary. DPU has determined that terminating the City’s rights to the portion of 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 of the City’s sanitary easement rights described and recorded in Official Record 10635E03, Recorder’s Office, Franklin County, Ohio. ($0.00)
...Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from the Columbus Metropolitan Housing Authority, an Ohio nonprofit corporation, to vacate a 0.0042 acre, more or less, portion of sanitary easement recorded in Official Record 10635E03, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the 0.0042 acre, more or less, portion of the Easement is no longer needed as the sanitary sewer manhole was removed and relocated under CC18110 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 0.0042 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 0.0042 acre, more or less, portion of the sanitary easement recorded in Official Record 10635E03, Recorder’s Office, Franklin 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.