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File #: 1215-2016    Version: 1
Type: Ordinance Status: Passed
File created: 4/28/2016 In control: Public Utilities Committee
On agenda: 5/23/2016 Final action: 5/26/2016
Title: To authorize the director of the Department of Public Utilities to execute those document(s), as approved by the City Attorney, necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201101100004970, Recorder’s Office, Franklin County, Ohio. ($0.00)
Attachments: 1. Ex A; Ins. 201101100004970
Explanation

BACKGROUND:

The City possesses title to water utility easement described and recorded in Instrument Number 201101100004970, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located at the southeast corner of the intersection of Morse Road and Stelzer Road, Columbus, OH 43219 {Franklin County Tax Parcel 010-147168} (“Servient Estate”). The existing owner of the Servient Estate, Easton Gateway, LLC, a Delaware limited liability company (“Property Owner” - see Ins. 201403070028378, Recorder’s Office, Franklin County, Ohio), requested the City to release and terminate a portion of its rights to the Easement in order to clean the Servient Estate’s title. The City’s Department of Public Utilities (DPU) reviewed the Property Owner’s request and determined releasing and terminating a portion of the City’s rights to the Easement does not adversely affect the City and should be granted at no monetary cost, because the City removed, abandoned, or relocated the infrastructure associated with a portion of the Easement.

FISCAL IMPACT:

Not applicable.

EMERGENCY JUSTIFICATION:

Not applicable.

Title

To authorize the director of the Department of Public Utilities to execute those document(s), as approved by the City Attorney, necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201101100004970, Recorder’s Office, Franklin County, Ohio. ($0.00)

Body

WHEREAS, the City intends to release and terminate a portion of its water utility easement rights described and recorded in Instrument Number 201101100004970, Recorder’s Office, Franklin County, Ohio (i.e. Easement), because the City removed, abandoned, or relocated the City’s infrastructure associated with a portion of the Easement;

WHEREAS, the City intends for the City Attorney to approve of all document(s) associated with this ordinance; and

WHEREAS, it has become necessary in the ...

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