...Explanation
BACKGROUND:
The City possesses easement rights to a sewer utility easement described and recorded in Deed Volume 1287, Page 503, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located at 3619 S. Hamilton Road, Columbus, Ohio 43232 {Franklin County Tax Parcel 010-261382} (“Servient Estate”). The existing owner of the Servient Estate, Family Dollar Stores of Ohio, Inc., a Virginia corporation (“Property Owner” - see Ins. 201605270067086, Recorder’s Office, Franklin County, Ohio), requested the City to release and terminate a portion of its rights to the Easement in order to clean the Servient Estate’s title. The City’s Department of Public Utilities (DPU) reviewed the Property Owner’s request and determined releasing and terminating a portion of the City’s rights to the Easement does not adversely affect the City and should be granted at no monetary cost, because the City was granted a replacement easement described and recorded in Instrument Number 201401300012303, Recorder’s Office, Franklin County, Ohio.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Not applicable.
...Title
To authorize the Director of the Department of Public Utilities to execute those document(s), as approved by the City Attorney, necessary to release and terminate a portion of the City’s easement rights described and recorded in, Deed Volume 1287, Page 503, Recorder’s Office, Franklin County, Ohio. ($0.00)
...Body
WHEREAS, the City intends to release and terminate a portion of its utility easement rights described and recorded in Deed Volume 1287, Page 503, Recorder’s Office, Franklin County, Ohio (i.e. Easement), because the City acquired a new replacement easement described and recorded in Instrument Number 201401300012303, Recorder’s Office, Franklin County, Ohio;
WHEREAS, the City intends for the City Attorney to approve of all document(s) associated with this ordinance; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities to authorize the Director to execute those documents necessary to release and terminate a portion of the City's easements rights; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The director of the Department of Public Utilities (DPU) is authorized to execute any document(s) necessary to release and terminate only a 0.267 acre, more or less, portion of easement area described and recorded in Deed Volume 1287, Page 503, Recorder’s Office, Franklin County, Ohio (i.e. Easement), which is also described in the two (2) page attachment, Exhibit-A, and fully incorporated for reference as if rewritten.
SECTION 2. 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. This ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.