Explanation
BACKGROUND:
The City possesses title to a detention pond easement described and recorded in Official Record Volume 18680, Page F04, Recorder’s Office, Franklin County, Ohio ("Easement"). The existing servient tenement of the Easement, North Hamilton Shoppes LLC, an Ohio limited liability company (“Developer”), requested the City to release all of the City's rights from the Easement, because the Easement may unnecessarily burden the Developer’s real property. The Department of Public Utilities (DPU) reviewed the Developer’s request and determined releasing all of the City's rights to the Easement does not adversely affect the City and should be granted at no cost, because the City removed, abandoned, or relocated all of the infrastructure associated with the Easement.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Not applicable.
Title
To authorize the director of the Department of Public Utilities to execute those documents, as approved by the City Attorney, necessary to release all of the City's detention pond easement rights described and recorded in Official Record Volume 18680, Page F04, Recorder’s Office, Franklin County, Ohio. ($0.00)
Body
WHEREAS, the City intends to release of all of its detention pond easement rights described and recorded in Official Record Volume 18680, Page F04, Recorder’s Office, Franklin County, Ohio (i.e. Easement), because the City removed, abandoned, or relocated all of the City’s infrastructure associated with the Easement;
WHEREAS, the City intends for the City Attorney to approve of all document(s) associated with this ordinance; and, now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The director of the Department of Public Utilities is authorized to execute those document(s) necessary to forever release all of the City's detention pond easement rights described and recorded in Official Record Volume 18680, Page F04, Recorder’s Office, Franklin County, Ohio (i.e. Easement), which is also found in the attachment, Exhibit-A, and fully incorporated for reference into this ordinance.
SECTION 2. The City Attorney is required to approve any document(s) associated with this ordinance prior to the director of DPU exercising his or her authority under Section One (1) of this ordinance.
SECTION 3. This ordinance is required to take effect and be in force from and after the earliest period allowed by law.