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File #: 2292-2019    Version: 1
Type: Ordinance Status: Passed
File created: 8/28/2019 In control: Public Utilities Committee
On agenda: 10/7/2019 Final action: 10/10/2019
Title: To authorize the Director of the Department of Public Utilities (“DPU”) to execute those document(s) necessary to release and terminate the City’s easement rights described and recorded in Instrument Number 194104170610233, Recorder’s Office, Franklin County, Ohio. ($0.00)
Attachments: 1. Sanitary Sewer Easement 194104170610233

Explanation

 

BACKGROUND: The City possesses title to a sanitary sewer easement described and recorded in Instrument Number 194104170610233, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located near the intersection of Third Avenue and Edgehill Road {Franklin County Tax Parcel 010-063723} (“Servient Estate”) currently owned Edgehill LLC., an Ohio limited liability company. The City’s Department of Public Utilities (“DPU”) has reviewed the request by the property owner to vacate the existing easement and determined that the sanitary sewer was removed under CC 16901 (now RP17817-RP17818), and the existing easement is no longer needed. DPU has determined that terminating 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:  Not applicable.

 

Title

 

To authorize the Director of the Department of Public Utilities (“DPU”) to execute those document(s) necessary to release and terminate the City’s easement rights described and recorded in Instrument Number 194104170610233, Recorder’s Office, Franklin County, Ohio. ($0.00)

 

Body

 

WHEREAS, the City intends to release and terminate its sanitary easement rights described and recorded in Instrument Number 194104170610233, Recorder’s Office, Franklin County, Ohio (“Easement”).  The Department of Public Utilities (“DPU”) has reviewed the request and determined that the sanitary sewer easement is longer needed as the sewer has been removed under CC 16901 (now RP17817-RP17818), and the existing easement is no longer needed.

 

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

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1.                     That the Director of the Department of Public Utilities (“DPU”) is authorized to execute any document(s) necessary to release and terminate only the sanitary easement described and recorded in Instrument Number 194104170610233, Recorder’s Office, Franklin County, Ohio (“Easement”), which is also found in the one (1) page attachment, Exhibit-A, and fully incorporated for reference as if rewritten.

 

SECTION 2.                     That the City Attorney is required to approve all document(s) associated with this ordinance prior to the director of DPU executing and acknowledging any of those document(s). 

 

SECTION 3.                     That this ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.