Explanation
Background: The City possesses title to water easements described and recorded in Deed Book 2174, Page 647, and Deed Book 2187, Page 337 Recorder’s Office, Franklin County, Ohio (“Easements”). The Easements burden real property located in the vicinity of 901 W. Third Avenue, Columbus, Ohio 43212 {Franklin County Tax Parcel 030-003088} (“Servient Estate”) currently owned by NRI Equity Land Investments, LLC, (“NRI”) an Ohio limited liability company. The City’s Department of Public Utilities (DPU) has reviewed a request by NRI to vacate a portion of the existing easement recorded in Deed Book 2147, Page 647 and determined that the release of the 0.002 acre portion of the existing easement does not adversely affect the City and should be granted at no monetary cost in exchange for amending the existing easements to better protect and define the rights of the City was in the best interest of the City.
Fiscal Impact: Not Applicable
Emergency Justification: NRI has requested to expedite the easement release in order to facilitate ongoing development in the area.
Title
To authorize the director of the Department of Public Utilities to execute those document(s) necessary to amend the City’s easement rights described and recorded in Deed Book 2174, Page 647, and Deed Book 2187, Page 337, Recorder’s Office, Franklin County, Ohio, and to declare an emergency. ($0.00)
Body
WHEREAS, the City intends to release and terminate a portion of its water easement rights described and recorded in Deed Book 2174, Page 647, Recorder’s Office, Franklin County, Ohio because DPU has reviewed the request and determined that the described 0.002 acre portion of the water easement is longer needed; and
WHEREAS, in exchange the City intends to amend the Easements recorded in Deed Book 2174, Page 647, and Deed Book 2187, Page 337 Recorder’s Office, Franklin County, Ohio (“Easements”), to better protect and define the rights of the City; and
WHEREAS, the City intends for the City Attorney to approve all document(s) associated with this ordinance; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus to expedite the easement release in order to facilitate ongoing development in the area, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. The Director of the Department of Public Utilities (DPU) is authorized to execute any document(s) necessary to release and terminate only the 0.002 acre, more or less, tract of the easement area described and recorded in Deed Book 2174, Page 647, Recorder’s Office, Franklin County, Ohio, which is also found in the two (2) page attachment, Exhibit-A, and fully incorporated for reference as if rewritten.
SECTION 2. The Director of DPU is authorized to execute any documents necessary to amend the Easements recorded in Deed Book 2174, Page 647, and Deed Book 2187, Page 337 Recorder’s Office, Franklin County, Ohio (“Easements”), to better protect and define the rights of the City.
SECTION 2. The City Attorney’s Office, Real Estate Division is required to approve all instrument(s), associated with this ordinance.
SECTION 3. This ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.