...Explanation
BACKGROUND:
The City possesses title to sewer utility easements described and recorded in Instrument Numbers 199803270071832, 199711200148595, 199709250102293, and 199709220097865 Recorder’s Office, Franklin County, Ohio (collectively, “Easements”). The Easements burden real property located in the vicinity of Main Street and Market Street, New Albany, Ohio 43054 {Franklin County Tax Parcel(s) 222-004559 & 222-004556} (collectively, “Servient Estate”). The existing owners of the Servient Estate, The New Albany Company LLC, a Delaware limited liability company (see Ins. 201307050113295, Recorder’s Office, Franklin County, Ohio), and the City of New Albany, Ohio, an Ohio municipal corporation (see Ins. 201307050113290, Recorder’s Office, Franklin County, Ohio) - (collectively, “Property Owners”), requested the City to release and terminate certain portions of its rights to the Easements in order to clean the Servient Estate’s title for the Property Owners to redevelop the Servient Estate. The City’s Department of Public Utilities (DPU) reviewed the Property Owners’ request and determined releasing and terminating a portion of the City’s rights to the Easements does not adversely affect the City and should be granted at no monetary cost, because (i) the City removed, abandoned, or relocated the infrastructure associated with the portions of the Easements requested to be released, and (ii) to foster redevelopment of the Servient Estate.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Emergency action is required to allow for the timely release of the Easements in order to clean the Servient Estate’s title permitting the Property Owners to redevelop the Servient Estate, which will preserve the public peace, property, health, safety, and welfare.
...Title
To release and terminate certain portions of the City’s sewer easement rights located in the vicinity of Main Street and Market Street, New Albany, Ohio 43054; and to dec...
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