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File #: 0811-2005    Version: 1
Type: Ordinance Status: Passed
File created: 4/21/2005 In control: Utilities Committee
On agenda: 5/2/2005 Final action: 5/4/2005
Title: To determine that certain license agreements are inconsistent with an intended public use of City owned real property and to authorize the Real Estate Division, Department of Law, on behalf of the City of Columbus, Ohio, to take such action as is necessary to terminate all such license agreements pertaining to an unimproved portion of Zollinger Road to allow construction therein of the Trentwood/Shady Hill storm sewer project for the benefit of the surrounding community; and to declare an emergency.
Explanation

Background: The City of Columbus is the fee simple owner of certain real property commonly known as unimproved Zollinger Road located adjacent to Shady Hill Estates No. 2 subdivision. Pursuant to Ordinances 1142-92 and 2494-94, the City of Columbus, for valuable consideration and as an accommodation, entered into license agreements with several property owners abutting said unimproved Zollinger Road to allow such property owners to utilize portions of unimproved Zollinger Road for incidental residential purposes. The above-mentioned license agreements specifically reserve to the City of Columbus the "paramount right to utilize the subject real property for any and all utility purposes". In addition, said license agreements state that "should the Columbus City Council determine that the herein-described real property is necessary for any public purpose inconsistent with or antagonistic to the purpose for which this license agreement is made, then the City of Columbus shall have the right and hereby retains the right to terminate this license agreement upon ninety (90) written notice to the Grantee(s)"…. The Division of Sewerage & Drainage, Storm water Section, now needs to utilize said unimproved Zollinger Road to install storm sewers for the benefit of the surrounding community, and such use is inconsistent with and antagonistic to the uses for which the license agreements were executed. Therefore, the Division of Sewerage & Drainage respectfully requests that this City Council make such determination official so that the Division of Sewerage & Drainage may proceed with a much needed storm sewer improvement project.

Fiscal Impact: None.

Emergency Justification: An emergency is justified in order to allow the Division of Sewerage & Drainage to proceed with construction of this much-needed project at the earliest possible time.

Title

To determine that certain license agreements are inconsistent with an intended public use of Ci...

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