Explanation
Background: The City owns real property identified as Franklin County Tax Parcel 610-267722 and platted as Reserve C of Lazelle Woods Section Two (“Property”) and is further described and recorded in Instrument Number 200607100133684, Recorder’s Office, Franklin County, Ohio. The property contains a naturally occurring storm drainage way managed by the Department of Public Utilities, Division of Sewerage and Drainage ("DOSD"). A pedestrian bridge and walking path linking Worthington Park Elementary School to the Lazelle Woods subdivision were present on the property at the time the previous owner donated the Property to the City in 2006. The City was not aware of Worthington Park Elementary School’s use of the property at the time it accepted the property donation. There was no reference in the deed to an access agreement and no recorded easement granting The Board of Education Worthington Schools (Worthington Schools) the right to construct, maintain, and replace the pedestrian bridge and walking path. The pedestrian bridge is now in need of replacement and Worthington Schools has begun a project for the design and construction of a replacement bridge. It is necessary to grant nonexclusive easements to The Board of Education Worthington Schools to define the terms, conditions, and maintenance responsibilities for use of the City’s property for the pedestrian bridge and walking paths. In addition, it may also be necessary to grant temporary construction easements to allow for construction of the replacement pedestrian bridge. The Department of Public Utilities is in agreement with the grant of these easements. As the walking path and bridge facilitate pedestrian access to Worthington Park Elementary School, in the interest of inter-governmental cooperation, the City will not charge for the easements.
Fiscal Impact: Not applicable.
Emergency Justification: An emergency exists in that it is immediately necessary to grant these easements to allow ...
Click here for full text