Explanation
BACKGROUND: The City possesses title to a sanitary sewer easement described and recorded in Instrument Number 202311160120395 and a stormwater easement described and recorded in Instrument Number 20240226001896, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of 1881-1941 Stelzer Road, Columbus, Ohio 43219 {Franklin County Tax Parcels 520-319453 and 010-200800} (“Servient Estate”) currently owned by Stelzer Retreat, 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 vacate the existing easement and determined that the Easement is no longer needed as a new sanitary easement was recorded in instrument 202405280051822 under CC-20037 and a new stormwater easement was recorded in Instrument Number 202405280051823 under CC 20067. 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 the City’s easement rights described and recorded in Instrument Numbers 202311160120395 and 20240226001896, Recorder’s Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the Department of Public Utilities (“DPU”) received a request from Stelzer Retreat, LLC, to vacate a sanitary easement recorded in Instrument Numbers 202311160120395 and 20240226001896, Recorder’s Office, Franklin County, Ohio (“Easement”); and
WHEREAS, DPU reviewed the request and determined that the Easement is no longer needed and that 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 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 the easement recorded in Instrument Numbers 202311160120395 and 20240226001896, Recorder’s Office, Franklin County, Ohio.
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.