Explanation
Background: Dominion Homes, Inc. has requested the City to accelerate its plans for the construction of public sewers in the Hayden Run area. As part of the construction it is necessary to obtain an easement from CSX to cross one of its operating lines. Dominion has agreed to construct the sewers on either side of the tracks under a reimbursement agreement with the City. Dominion has also agreed at its cost to construct the sewer section through the CSX tracks and to pay for any costs to obtain an easement from CSX. The Department of Public Utilities recommends entering into an "Escrow Agreement" wherein Dominion Homes, Inc. pays all costs of the City of Columbus to acquire, by negotiation or if necessary by eminent domain, a perpetual sewer easement under certain real property owned by New York Central Lines, LLC (CSX Transportation, Inc.) in the vicinity of Hayden Run Road and the railroad. The "Escrow Agreement" would be between the City of Columbus and Dominion Homes, Inc., with the City Auditor acting as escrow agent.
Fiscal Impact: N/A. (Escrow Fund No. 324-029, CC13376)
Emergency Justification: Emergency action is requested to allow the establishment of the Escrow Account to proceed without delay thereby allowing this project to remain within the established time frame thus avoiding a more costly future alternative.
Title
To authorize the City Attorney and the City Auditor to enter into an Escrow Agreement with Dominion Homes, Inc., an Ohio corporation, to facilitate the acquisition of certain sewer easements underneath certain real property owned by New York Central Lines, LLC (i.e. CSX Transportation, Inc.), necessary for the extension of the Upper Scioto West S.S.S. Hayden Road Area, Vicinity of Railroad, to authorize the City Auditor to act as Escrow Agent for this account and to declare an emergency.
Body
WHEREAS, the Department of Public Utilities, Division of Sewerage and Drainage has determined that it ...
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