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File #: 0093-2013    Version: 1
Type: Ordinance Status: Passed
File created: 1/7/2013 In control: Public Utilities Committee
On agenda: 2/4/2013 Final action: 2/6/2013
Title: To authorize the City’s Director of the Department of Public Utilities to execute those documents necessary to release to CVS 5060 OH, L.L.C. n.k.a. FDG C39 OH Columbus LLC, a Delaware limited liability company, the City's sanitary sewer easement rights recorded in Deed Book 2844, Page 237, and Deed Book 2832, Page 61, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel ? 010-113911; and to declare an emergency.

Explanation

BACKGROUND: The City of Columbus, Ohio ("City") holds title to two (2) sanitary sewer utility easements recorded in Deed Book 2844, Page 237, and Deed Book 2832, Page 61 (“Old Easements”), Recorder's Office, Franklin County, Ohio. As Grantor-successor in interest of the Old Easements, CVS 5060 OH, L.L.C. n.k.a. FDG C39 OH Columbus LLC (“FDG”), a Delaware limited liability company, now requests the City to release its sanitary sewer easement rights in the Old Easements. The City’s Department of Public Utilities reviewed, approved, and determined that the release of the sanitary sewer utility easement rights in the Old Easements will not adversely affect the City and should be granted at no cost, because FDG granted the City a new, replacement sanitary sewer utility easement recorded in Instrument ? 201109120114808 (“Replacement Easement”), Recorder’s Officer, Franklin County, Ohio. Therefore, the following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to release the City's easement rights in the Old Easements.

FISCAL IMPACT: N/A

EMERGENCY JUSTIFICATION: Emergency action is requested in order to not unnecessarily burden title to FDG’s real property located at Franklin County Tax Parcel ? 010-113911, which preserves the public peace, health, property, safety, and welfare.

Title

To authorize the City’s Director of the Department of Public Utilities to execute those documents necessary to release to CVS 5060 OH, L.L.C. n.k.a. FDG C39 OH Columbus LLC, a Delaware limited liability company, the City's sanitary sewer easement rights recorded in Deed Book 2844, Page 237, and Deed Book 2832, Page 61, Recorder's Office, Franklin County, Ohio, which relates to certain real property located at Franklin County Tax Parcel ? 010-113911; and to declare an emergency.

Body

WHEREAS, the City of Columbus, Ohio (“City”), holds title to two (2) sanitary sewer utility easements recorded...

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