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File #: 0890-2012    Version: 1
Type: Ordinance Status: Passed
File created: 4/17/2012 In control: Public Utilities Committee
On agenda: 5/7/2012 Final action: 5/9/2012
Title: To authorize the Director of the Recreation and Parks Department and the Director of the Public Utilities Department to execute those documents necessary to grant a Quitclaim Deed of Determinable Encroachment Easement to "Robert M. and Ruth S. Gardner, Trustees of the Robert M. Gardner and Ruth S. Gardner Trust Dated September 20, 1996 as amended" in order to alleviate existing encroachments onto City property at Griggs Reservoir; and to declare an emergency.
Attachments: 1. QUITCLAIM DEED OF DETERMINABLE ENCROACHMENT EASEMENT 4500 Dublin Rd - Gardners 2-21-20121
Explanation

The City of Columbus, Ohio ("City") is the owner of that real property, located in the vicinity of Dublin Road and Davidson Road. It has been discovered that a stone patio, stone stairway, flagpole, dock, and house eaves of a near century-old dwelling, determined to be owned by Robert M. and Ruth S. Gardner, encroaches onto a 0.044 acre +/- portion of the City's real property. The City and Mr. Gardner have been in correspondence with each other in an attempt to reach an agreement, which will alleviate the encroachment. The Recreation and Parks Department and the Department of Public Utilities have determined that the granting of a Quitclaim Deed of Determinable Encroachment Easement for a period of no more than 10 years will not adversely affect the City and should be allowed. Upon the expiration of the 10-year period, the easement will automatically terminate and revert to the City and the owner must remove the structures and return the real property back to its original condition. The Department of Law's Real Estate Division has established Seven Thousand Five Hundred Dollars ($7,500.00) as the value of the easement. The following ordinance authorizes the Director of the Recreation and Parks Department and the Director of the Public Utilities Department to execute those documents necessary to grant the aforementioned easement.

Fiscal Impact: The $7,500.00 to be received by the City, as consideration for the granting of the encroachment easement, shall be deposited in Public Utilities Department, Department No. 60-09, Sub Fund 062 Waterways Nature Preservation Fund.

Emergency Justification: Emergency action is requested in order to immediately address and alleviate an existing encroachment onto City property and allow the receipt of the funds, thereby preserving the public peace, health, property and safety and welfare.

Title

To authorize the Director of the Recreation and Parks Department and the Director of the Public Utilities D...

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