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File #: 2274-2021    Version: 1
Type: Ordinance Status: Passed
File created: 8/30/2021 In control: Public Utilities Committee
On agenda: 9/20/2021 Final action: 9/23/2021
Title: To authorize the director of the Department of Public Utilities to execute those document(s) necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 198005050010644, Recorder’s Office, Franklin County, Ohio. ($0.00)
Attachments: 1. Reserve at Sawmill Ravine LLC 0.039 acre easeement release description

Explanation

 

BACKGROUND: The City possesses title to a sanitary sewer easement described and recorded in Instrument Number 198005050010644, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of 3242-3250 Hayden Road {Franklin County Tax Parcel 590-180803} (“Servient Estate”) currently owned by Reserve at Sawmill Ravine 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 the easement is no longer needed as the sewer was relocated and a new easement was recorded in instrument 201810190143393. 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:  Not applicable.

 

Title

 

To authorize the director of the Department of Public Utilities to execute those document(s) necessary to release and terminate a portion of the City’s easement rights described and recorded in Instrument Number 198005050010644, Recorder’s Office, Franklin County, Ohio. ($0.00)

 

Body

 

WHEREAS, the City intends to release and terminate portions of its sewer easement rights described and recorded in Instrument Number 198005050010644, Recorder’s Office, Franklin County, Ohio (Easement”), because the Department of Public Utilities has reviewed a request from the owner and determined that the described 0.039 acre portion of the sanitary sewer easement is no longer needed; and

 

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 described 0.039 acre, more or less, portion of easement area, which is further described and depicted in the three (3) page attachment, Exhibit-A, and fully incorporated for reference as if rewritten, from the easement described and recorded in Instrument Number 198005050010644, Recorder’s Office, Franklin County, Ohio.

 

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.