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File #: 2785-2024    Version: 1
Type: Ordinance Status: Passed
File created: 10/7/2024 In control: Public Utilities & Sustainability Committee
On agenda: 11/4/2024 Final action: 11/8/2024
Title: To authorize the Director of the Department of Public Utilities to execute those document(s) necessary to release the City’s easement rights described and recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio. ($0.00)
Explanation

BACKGROUND: The City possesses title to a perpetual sanitary sewer easement described and recorded in Instrument Number 201803280040299, Recorder’s Office, Franklin County, Ohio (“Easement”). The Easement burdens real property located in the vicinity of Cannon Drive, Columbus, Ohio 43210 {Franklin County Tax Parcel Nos. 010-067007 and 010-067017} (“Servient Estate”) owned by The Ohio State University, State of Ohio (“State”). The City’s Department of Public Utilities (“DPU”) received a request from the State to relocate a portion of the existing infrastructure and easement to accommodate the construction of the new medical tower. DPU reviewed the request and determined that they could relocate the sewer. The State was unable to acquire the authority to grant an amendment to the Easement in time to meet the construction schedule so a new twenty-five (25) year easement was granted to allow the State to relocate the sewer. This easement was described and recorded in Instrument Number 202010300170872, Recorder’s Office, Franklin County, Ohio (“25 Year Easement”). The State obtained authority to amend the perpetual easement via Section 26 of Amended Substitute House Bill 377, passed by the 134th Ohio General Assembly on June 1, 2022 and approved by the Governor on June 28, 2022, and the 25 Year Easement is no longer needed. DPU has determined that terminating the City’s rights to the 25 Year Easement does not adversely affect the City as these rights have now been incorporated in the amended perpetual easement recorded in Instrument Number 202409300101467, Recorder’s Office, Franklin County, Ohio, (“Amendment”) and the release of Instrument Number 202010300170872 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 the City’s easement rights described and re...

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