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File #: 2960-2018    Version: 1
Type: Ordinance Status: Passed
File created: 10/18/2018 In control: Public Utilities Committee
On agenda: 12/3/2018 Final action: 12/6/2018
Title: To authorize the Director of the Department of Public Utilities (DPU) to execute those document(s) necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201706270087078, Recorder’s Office, Franklin County, Ohio, and to declare an emergency. ($0.00)
Attachments: 1. Part Esmt Rel DPU CC 17620 Briggsdale Apartments
Explanation

BACKGROUND: The City possesses title to a sanitary sewer easement described and recorded in Instrument Number 200503220052837, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located at 1662 Harrisburg Pike {Franklin County Tax Parcel 425-270757} (“Servient Estate”) currently owned by Briggsdale Apartments II, LLC, an Ohio limited liability company. The City’s Department of Public Utilities (DPU) has reviewed the request by the property owner to vacate a portion of the existing easement and determined that a portion of the sanitary sewer installed under CC 14071 (now R.P. 11666-68) was not needed and could be removed or abandoned in place under this new plan, CC 17620. DPU 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 immediately release the easement to allow for further development of the parcel.

Title

To authorize the Director of the Department of Public Utilities (DPU) to execute those document(s) necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 201706270087078, 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 sewer easement rights described and recorded in Instrument Number 200503220052837, Recorder’s Office, Franklin County, Ohio (i.e. Easement), because DPU has reviewed the request and determined that the described 0.095 acre portion of the sanitary sewer easement is no longer needed as it has been removed under Sanitary Plan CC 17620; and

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

WHEREAS, an emergency exists in the usual daily operations of...

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