...Explanation
BACKGROUND: The City possesses title to sanitary easements described and recorded in Instrument Numbers 201509300138243 and 201509300138244, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of 511 East 5th Avenue, Columbus, Ohio 43201, {Franklin County Tax Parcel 010-295406} (“Servient Estate”) currently owned by Coulter Properties 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 fully vacate the sanity easement rights in Instrument Number 201509300138243 and 0.0217 and 0.077 acre portions, more or less, of the sanitary easement rights in Instrument Number 201509300138244 and determined that all of the easement rights in 201509300138243 and a portion of the easement rights in 201509300138244 are no longer needed as a new easement was recorded in instrument 202601210008448. DPU has determined that terminating the City’s rights to 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 all the City’s sanitary easement rights described and recorded in Instrument Number 201509300138243 and a portion of the City’s sanitary easement rights described and recorded in Instrument Number 201509300138244, Recorder’s Office, Franklin County, Ohio. ($0.00)
...Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from Coulter Properties LLC, an Ohio limited liability company, to fully vacate the sanity easement rights in Instrument Number 201509300138243 and 0.0217 and 0.077 acre portions, more or less, of the sanitary easement rights in Instrument Number 201509300138244, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, DPU reviewed the request and determined that all of easement rights in Instrument Number 201509300138243 and the portion of the easement rights in Instrument Number 201509300138244 are no longer needed as a new easement was recorded in instrument 202601210008448 and the easement and 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 easement rights in Instrument Number 201509300138243 and the portion of the easement rights in Instrument Number 201509300138244 0.0042 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 all of the sanity easement rights in Instrument Number 201509300138243 and 0.0217 and 0.077 acre portions, more or less, of the sanitary easement rights in Instrument Number 201509300138244, Recorder’s Office, Franklin County, Ohio, which is further described and depicted in the five (5) 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.