Explanation
BACKGROUND: The City possesses title to a sanitary sewer easement described and recorded in Instrument Numbers 199011130292384, 199812040313595, and 201102030017504, Recorder’s Office, Franklin County, Ohio, (“Easement”). The Easement burdens real property located in the vicinity of 4151 Bridgeway Avenue, Columbus, OH 43219 {Franklin County Tax Parcels 010-290128, 520-290129, and 520-264561} (“Servient Estate”) currently owned by Columbus Regional Airport Authority, a port authority and political subdivision created as a body politic by the City of Columbus and Franklin County pursuant to Ohio Revised Code Chapter 4582. The City’s Department of Public Utilities (“DPU”) has reviewed a request by the owner of the Servient Estate to release vacate a 1.091 acre, more or less, portion of the existing sewer easement and determined that the portion of the Easement is no longer needed as the City has replaced the sanitary sewer easement on the property with easements recorded in Plat Book 111, Page 72, and Instrument Number 200102270039260, Recorder’s Office, Franklin County, Ohio. 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 (Columbus Water and Power) to execute those document(s) necessary to release a portion the City’s sanitary sewer easement rights described and recorded in Instrument Number 199812040313595, Recorder’s Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from Columbus Regional Airport Authority, a port authority and political subdivision created as a body politic by the City of Columbus and Franklin County pursuant to Ohio Revised Code Chapter 4582, to release a portion of sanitary easement recorded in Instrument Numbers 199011130292384, 199812040313595, and 201102030017504, Recorder’s Office, Franklin County, Ohio, (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the portions of the Easement are no longer needed as a new easement was recorded in Plat Book 111, Page 72, and Instrument Number 20010220039260, Recorder’s Office, Franklin County, Ohio and the released portion of the Easement is no longer necessary and 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 a portion of the sanitary sewer easement in Instrument Numbers 199011130292384, 199812040313595, and 201102030017504, Recorder’s Office, Franklin County, Ohio, 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” or Columbus Water and Power) be, and hereby is, authorized to execute any document(s) necessary to release and terminate only the portion of sanitary sewer easement recorded in Instrument Numbers 199011130292384, 199812040313595, and 201102030017504, Recorder’s Office, Franklin County, Ohio, Franklin County, Ohio, falling within the 1.091 acre tract described and depicted in the attachments, which are 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.