EXPLANATION
BACKGROUND: The City previously entered into a Water Resource Restoration Sponsor Program (“WRRSP”) with the State of Ohio acting through its Ohio Environmental Protection Agency (“OEPA”) pursuant to Ordinance Number 0575-2011, on July 28, 2011. The WRRSP provided funding for the Lower Olentangy River Watershed (Columbus 5th Avenue Dam Removal and Riparian Restoration Project, WPCLF WR390274-0150) Public Project (“Public Project”). As a condition of accepting WRRSP funding from the OEPA and pursuant to Ordinance Number 0951-2012, which passed on May 21, 2012, the City executed an “Environmental Covenant, Ohio Water Pollution Control Loan Fund, Water Resource Restoration Sponsor Program, Lower Olentangy River Watershed, Columbus 5th Avenue Dam Removal and Riparian Restoration Project”, with OEPA, and The Ohio State University (“OSU”) acting through its Department of Administrative Services (“DAS”), which is described and recorded in the public land records in Instrument Number 201207110098679, Recorder’s Office, Franklin County, Ohio (“Original Covenant”).
The Original Covenant affected approximately 10.677 acres of real property located in Franklin County, Ohio (the “Property”). At the time the Original Covenant was executed, Paragraph 2 incorrectly identified the area owned by the City by excluding approximately 1.102 acres of real property located in the area of the Lane Avenue Bridge, which the City had previously acquired from OSU in 2008 in a recorded being Instrument Number 200805090072140, Recorder’s Office, Franklin County, Ohio.
The purpose of this ordinance is to authorize execution of a First Amendment to Environmental Covenant in order to correct the ownership description and redefine the “Property” so as to include the additional 1.102 acres previously omitted.
The amendment does not otherwise modify the terms, restrictions, or obligations of the Original Covenant.
CONTRACT COMPLIANCE No.: Not applicable.
FISCAL IMPACT: Not applicable.
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