Explanation
Background: The City is named as a party in a quiet title action in Franklin County Common Pleas Court case number 22CV004814. The case, filed by CGV Properties LLC, (Plaintiff) involves a dispute of ownership of an east west ally and a north south ally located on the east side of North 6th Street at the intersection with Detroit Avenue, Columbus Ohio, 43210. The Department of Public Service (DPS) has reviewed the claim and determined that no matter who is the lawful owner of the right-of-way, it is no longer needed by the City for right-of-way purposes. However, there are currently city utilities within these alleys as well as within two private alleys located on the West side of North 6th Avenue and over which the City has no recorded easement rights. This ordinance authorizes the Director of DPS to enter into Settlement Entry in case number 22CV004814 whereby the City will extinguish any rights it may have to the two alleys on the east side of North 6th Avenue, in exchange for the Plaintiff granting the City general utility easements over the two alleys on the east side of North 6th Avenue as well as the two additional alleys on the west side of North 6th Avenue. The City will not be adversely affected by releasing any rights to this right-of-way and will gain needed utility easements.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: There is no cost to the City to enter in to this Settlement Entry.
EMERGENCY JUSTIFICATION: Not applicable.
TITLE
To settle the quiet title action filed in Franklin County Court of Common Pleas Case Number 22CV004814 and extinguish any rights the City may have in a 0.124 acre portion of right-of-way in exchange for the granting of utility easements to the City. ($0.00)
BODY
WHEREAS, the City is named as a party in a quiet title action in Franklin County Common Pleas Court Case Number 22CV004814. The case, filed by CGV Properties LLC, (Plaintiff) involves a dispute of ownership of an east west ally ...
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