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File #: 1451-2017    Version: 1
Type: Ordinance Status: Passed
File created: 5/25/2017 In control: Public Service & Transportation Committee
On agenda: 6/5/2017 Final action: 6/8/2017
Title: To authorize the director of the Department of Public Service (DPS) to execute those document(s), as approved by the City Attorney, Real Estate Division, necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201604220049440, Recorder’s Office, Franklin County, Ohio, and to declare an emergency. ($0.00)
Attachments: 1. Exhibit A - Temporary Easement Release Hamilton S Curve
Explanation

BACKGROUND:

The City possesses a temporary construction easement described and recorded in Instrument Number 201604220049440, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located along Hamilton Road, Columbus, OH 43054 {Franklin County Tax Parcels 545-175661 and 545-295523} (“Servient Estate”) currently owned by Hamilton Crossing LLC, an Ohio limited liability company. The City’s Department of Public Service (DPS) has reviewed the request by the property owner to vacate a portion of the existing easement and determined that the public work has been completed on the portion to be released and that releasing the easement rights will allow the private development to proceed without delay. DPS has determined that 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.

FISCAL IMPACT:

Not applicable.

EMERGENCY JUSTIFICATION:

Emergency action is requested in order to allow for the timely release of certain easement rights which will allow development on the site to occur without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.

Title

To authorize the director of the Department of Public Service (DPS) to execute those document(s), as approved by the City Attorney, Real Estate Division, necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201604220049440, Recorder’s Office, Franklin County, Ohio, and to declare an emergency. ($0.00)

Body

WHEREAS, the City intends to release and terminate a portion of its temporary construction easement rights described and recorded in Instrument Number 201604220049440, Recorder’s Office, Franklin County, Ohio (i.e. Easement), because DPS has reviewed the request and determined that the described portion of the temporary construction easement is no longer needed a...

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