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File #: 0624-2020    Version: 1
Type: Ordinance Status: Passed
File created: 3/3/2020 In control: Recreation & Parks Committee
On agenda: 5/4/2020 Final action: 5/7/2020
Title: To authorize the Director of the Recreation and Parks Department to grant a 0.112 acre temporary easement and a 0.210 acre non-exclusive permanent easement through the Upper Albany West Parkland, Franklin County Tax Parcel No. 010-277286, to Phillips Farm, LLC, an Ohio limited liability Company; and to declare an emergency.
Attachments: 1. Exhibit-A Legal descrptions of the Easements for Phillips Farm LLC 4.14...., 2. Exhibit-B RESTORATION PLAN AGREEMENT 4.14.pdf
Explanation

To authorize the Director of the Recreation and Parks Department to grant a 0.012 acre temporary easement and a 0.210 acre non-exclusive permanent easement through the Upper Albany West Parkland, identified as Franklin County Tax Parcel No. 010-277286, to Phillips Farm, LLC, an Ohio limited liability Company (“Phillips”).

Background: Phillips is requesting a 0.112 acre temporary construction easement and a 0.210 acre non-exclusive permanent sanitary sewer easement, as further describe in Exhibit A which is attached to this ordinance, to be located in, on, over, under, across, within and through real property known as the Upper Albany West Parkland.

The temporary easement rights are limited to the duration of the initial construction work necessary to install the sanitary sewer and will terminate after one (1) year.

The permanent private non-exclusive sanitary sewer easement will provide sanitary sewer service to the Phillips Farms residential development which will be completed in several phases. The City has approved Phase I of the development which needs to be constructed prior to the City’s ability to complete the Big Walnut Main Capital Improvement Project which has been delayed and is now not projected for completion until 2024. While the grant of these private easements across the Upper Albany West Parkland is an extraordinary exception to the City’s policy regarding non-park use of city parkland, after consideration of a number of alternatives, it has been determined that the grant of these easements is necessary and the only feasible solution. The grant of this exception is a singular case and does not in any way change the City’s policies concerning non-park use of city parkland or third party use of city-owned properties used in city operations. In consideration of the City granting this exception, Phillips Farm LLC has agreed to provide significant improvements for the Upper Albany West Parkland and will donate parkland beyond that re...

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