Explanation
The City of Columbus, Ohio ("City") is the owner of certain real property located in the vicinity of Highland Bluffs Boulevard and North High Street (U.S. 23) on which storm water detention basins currently exist. Liberty Crossing ("Liberty Crossing"), an Ohio Limited Liability Company is the owner of real property, adjacent to the City's property, which the limited liability company intends to develop for multi-family uses. Liberty Crossing currently has storm water easements on the City's property; however, the Liberty Property is or will be subject to an Ohio EPA Permit which will require post construction, operation and maintenance plans for storm water facilities and practices in order to develop the Liberty Property. The implementation of the maintenance plan(s) and practices are required to be ensured through the recording of a legally binding instrument(s). Therefore, Liberty Crossing desires to into a Declaration and Agreement of Covenants, and Easement with the City in order to meet the Ohio EPA's requirements for the development on the Liberty Property to utilize the Storm Water Basins located on the City Property. As a part of the agreement Liberty Crossing shall submit a Department of Public Utilities, Division of Sewerage and Drainage, approved post construction, operation and maintenance schedule and storm sewer construction plans to keep all inlets and outlets free and clear of debris, repairing any damaged structures, maintaining sediment accumulation in the bottom of the Storm Water Basins, repairing undercut or eroded areas, maintaining any hardscape surfaces, lawncare maintenance, and repairing any damaged landscape areas. The City will grant Liberty Crossing, a nonexclusive access easement onto that portion of the City's property described more fully in the body of this legislation for said purposes. After investigation by the Department of Public Utilities and the Department Recreation and Parks, it has been determined to...
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