Date:October 6, 2015
To:Mark Chapman & Mark Belcik, MSD QA/QC
From:Jeannie Bechtold, MSD Real Property Manager
CC:Tony Dick, Paul Kreimer, Don Akins, MSD Right of Way
Subject: Springing Easement Situations and Jurates for Plat on City Owned Property
Please see the following scenarios when sanitary, storm and channel easements are needed on City Owned property. This guidance was provided by the Law Department and approved by Mr. Parrott before his retirement. When in doubt of which one to use, please consult with the City’s Law Department. Please see the attached Jurates and pass on to the consultants who prepare the easement plats. If there are questions, please see me.
1)Stormwater project takes up a minimal portion of the surface on a parcel owned by the City and does not change its use.Example: Green infrastructure installed to redirect stormwater over City land that is used by the Park Board.
City will retain fee ownership. The City will record a springing channel easement in favor of the City, effective when the property is transferred, if ever, to a third party. A MOU will be executed between the Department of Sewers and appropriate City department.
2)Sanitary Sewer project installed on City parcel where no change to the parcel use is required.Example: A new sewer line is installed under the parcel that serves as the site of the Camp Washington Recreation Center.
City will retain fee ownership. The City will record a springing sanitary sewer easement in favor of the Board of County Commissioners, effective when the property is transferred, if ever, to a third party. A MOU will be executed between the Department of Sewers and appropriate City department.
3)Stormwater or sanitary sewer project requires use of the entire City parcel and/or requires a change of use in the parcel.Example: The pond in the Lick Run project will use the entire parcel now occupied by the Fire Department and Department of Public Services.
4)City relocates an existing sanitary sewer line on City-owned property.Example: The City relocates a sanitary sewer line at the Streetcar Maintenance Facility site.
If the original sewer infrastructure on the parcel existed prior to 1968 and is located in the City, the City will record a springing sanitary sewer easement in favor of the City, effective when the property is transferred, if ever, to a third party. Otherwise, the City will record a sanitary sewer easement in favor of the Board of County Commissioners after first obtaining an authorizing Ordinance from City Council.
5)City grants right of way or other City-owned property to a third party, reserving an easement for the sanitary sewer line and/or stormwater infrastructure.
If the sanitary sewer infrastructure on the parcel existed prior to 1968 and is located in the City, the City will retain sanitary sewer easement. Otherwise, the City will record a sanitary sewer easement in favor of the Board of County Commissioners. In either case, the City will retain a stormwater easement (if applicable).
6)City requires an easement or property from a third party for a sanitary or stormwater sewer project.
- Easement for sanitary sewer: City will acquire a sanitary sewer easement in favor of the Board of County Commissioners.
- Property for sanitary sewer: City will acquire title to the property in the name of the Board of County Commissioners.
- Easement or property for stormwater project funded by SMU: City will acquire title to the property in the name of the City.
- Easement or property for stormwater project funded by MSD: Please consult with counsel from the Law Department. These scenarios will be evaluated on a case-by-case basis. If title to property is obtained in the City’s name, the City will record a springing stormwater easement in the name of the City, effective when the property is transferred, if ever, to a third party.
Please consult with counsel from the Law Department. These scenarios will be evaluated on a case-by-case basis.
Scenario No. 1. City Stormwater Channel Easement on City Property
Stormwater project takes up a minimal portion of the surface on a parcel owned by the City and does not change its use.Example: Green infrastructure installed to redirect stormwater over City land that is used by the Park Board.
City will retain fee ownership. The City will record a springing channel easement in favor of the City, effective when the property is transferred, if ever, to a third party. A MOU will be executed between the Department of Sewers and appropriate City department.
See attached jurate.
Springing Channel Easement to City on City owned property
THE CITY OF CINCINNATI (“CITY”), AN OHIO MUNICIPAL CORPORATION, AS THE FEE OWNER OF THE REAL ESTATE DEPICTED ON THIS PLAT (THE “PROPERTY”), HEREBY RESERVES AND CREATES FOR THE BENEFIT OF THE CITY (THE “GRANTEE”), A PERMANENT CHANNEL EASEMENT TOGETHER WITH THE RIGHT OF ENTRY AND RE-ENTRY IN AND UPON THE LANDS SHOWN ON THIS PLAT, SAID EASEMENT TO BE AS SHOWN HEREON, FOR THE CONSTRUCTION, PERPETUAL MAINTENANCE, RECONSTRUCTION, REPAIR, AND OPERATION OF THE STORMWATER SEWER SYSTEM, INCLUDING THE SEWER AND SEWER APPURTENANCES OF THE CITY OF CINCINNATI, ITS SUCCESSORS OR ASSIGNS, SUCH EASEMENT TO TAKE EFFECT ONLY AT SUCH TIME AS THE CITY CONVEYS THE FEE INTEREST IN THE PROPERTY OR A PORTION OF THE PROPERTY AFFECTED THEREBY TO A THIRD PARTY (“PROPERTY OWNER”). SAID EASEMENT SHALL RUN WITH THE LAND AND SHALL INURE TO THE BENEFIT OF THE CITY AND BE BINDING UPON PROPERTY OWNER AND ITS SUCCESSORS-IN-INTEREST WITH RESPECT TO THE PROPERTY.
FROM AND AFTER THE DATE THAT THE EASEMENT BECOMES EFFECTIVE, THE EASEMENT SHALL BE SUBJECT TO THE FOLLOWING RESTRICTIONS:
NO FENCE OR STRUCTURE OF ANY KIND SHALL BE PLACED IN OR UPON THE PERMANENT CHANNEL EASEMENT. GRANTOR SHALL NOT REMOVE, REARRANGE OR DEPOSIT SAND, GRAVEL OR ROCK, OR OTHERWISE MODIFY THE CONSTRUCTED CHANNEL AND APPURTENANCES, NOR SHALL IT PLACE OR PERMIT OTHERS TO PLACE ANY ITEM, NATURAL OR ARTIFICIAL, WITHIN THE CHANNEL EASEMENT WHICH IS LIKELY TO BLOCK, DIVERT, OR SUBSTANTIALLY INCREASE, DECREASE OR OTHERWISE MANIPULATE THE VOLUME OR FLOW OF WATER THRU THE CHANNEL OR INTERFERE WITH GRANTEE’S PEDESTRIAN AND VEHICULAR ACCESS TO THE CHANNEL WITHIN THE AREAS DESIGNATED HEREON. NO RIGHTS-OF-WAY, OR EASEMENTS FOR INGRESS OR EGRESS, DRIVEWAYS, ROADS, UTILITIES, OR OTHER EASEMENTS OR RIGHTS SHALL BE CONSTRUCTED, DEVELOPED, GRANTED OR MAINTAINED INTO, ON, OVER, UNDER, OR ACROSS THE CHANNEL EASEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEE, EXCEPT AS APPEAR OF RECORD PRIOR TO THE DATE OF THIS GRANT. GRANTOR SHALL INDEMNIFY AND HOLD GRANTEE, ITS SUCCESSORS AND ASSIGNS HARMLESS FROM ANY AND ALL CLAIMS OF DAMAGES, INCLUDING REASONABLE ATTORNEY FEES, CAUSED BY GRANTEE’S FAILURE TO COMPLY WITH THESE RESTRICTIONS.
ANY DEVIATION FROM THE AFORESAID RESTRICTIONS SHALL BE PETITIONED BY WRITTEN REQUEST TO THE GRANTEE OR THEIR ASSIGNS. EACH SUCH REQUEST SHALL BE CONSIDERED ON AN INDIVIDUAL BASIS WITH APPROVAL NOT BEING UNREASONABLY WITHHELD.
CITY OF CINCINNATI
By:
Harry Black, City Manager
STATE OF OHIO)
) SS:
COUNTY OF HAMILTON)
The foregoing instrument was acknowledged before me this ______day of ______, 2015, by Harry Black, City Manager of the City of Cincinnati, an Ohio municipal corporation, on behalf of the municipal corporation.
Notary Public
My commission expires:
Approved: ______
STORMWATER SEWERS CHIEF ENGINEER
Scenario #2 Springing Sanitary Sewer Easement to BOCC on City Owned Property
Sanitary Sewer project installed on City parcel where no change to the parcel use is required.Example: A new sewer line is installed under the parcel that serves as the site of the Camp Washington Recreation Center.
City will retain fee ownership. The City will record a springing sanitary sewer easement in favor of the Board of County Commissioners, effective when the property is transferred, if ever, to a third party. A MOU will be executed between the Department of Sewers and appropriate City department.
See attached Jurate.
THE CITY OF CINCINNATI (“CITY”), AN OHIO MUNICIPAL CORPORATION, FOR VALUABLE CONSIDERATION PAID, DOES HEREBY GRANT, BARGAIN, SELL AND CONVEY TO THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, OHIO (“GRANTEE”), ITS SUCCESSORS AND ASSIGNS FOREVER, FOR THE USE AND BENEFIT OF THE METROPOLITAN SEWER DISTRICT OF GREATER CINCINNATI, A PERMANENT SEWER EASEMENT TOGETHER WITH THE RIGHT OF ENTRY AND RE-ENTRY IN AND UPON THE LANDS SHOWN ON THIS PLAT, SAID EASEMENT TO BE AS SHOWN HEREON, FOR THE CONSTRUCTION, PERPETUAL MAINTENANCE, RECONSTRUCTION, REPAIR, AND OPERATION OF THE SEWER SYSTEM, INCLUDING THE SEWER AND SEWER APPURTENANCES OF THE CITY OF CINCINNATI, ITS SUCCESSORS OR ASSIGNS, SUCH EASEMENT TO TAKE EFFECT ONLY AT SUCH TIME AS THE CITY CONVEYS THE FEE INTEREST IN THE PROPERTY OR A PORTION OF THE PROPERTY AFFECTED THEREBY TO A THIRD PARTY (“PROPERTY OWNER”). SAID PERMANENT EASEMENT SHALL RUN WITH THE LAND. GRANTEE SHALL, AT ITS EXPENSE AND IN A WORKMANLIKE MANNER, BACKFILL AND REPAIR THE EASEMENT AREA AS NEARLY AS PRACTICABLE TO THE CONDITION EXISTING PRIOR TO ANY CONSTRUCTION, MAINTENANCE, REPLACEMENT OR REPAIR WORK COMMENCED WITHIN THE LIMITS OF THE EASEMENTS DESCRIBED ON THIS PLAT, CHANNEL FACILITIES EXCLUDED, EXCEPT THAT ANY TREES REMOVED FOR CONSTRUCTION PURPOSES SHALL NOT BE REPLACED.
FROM AND AFTER THE DATE THAT THE EASEMENT BECOMES EFFECTIVE, THE EASEMENT SHALL BE SUBJECT TO THE FOLLOWING RESTRICTIONS:
SANITARY SEWER RESTRICTIONS:
NO STRUCTURE OF ANY KIND WHICH CAN INTERFERE WITH ACCESS TO SAID PUBLIC SEWER SHALL BE PLACED IN OR UPON THE PERMANENT SEWER EASEMENT, EXCEPT FOR ITEMS SUCH AS RECREATIONAL SURFACES, PAVED AREAS FOR PARKING LOTS, DRIVEWAYS, OR OTHER SURFACES USED FOR INGRESS AND EGRESS, TREES, SHRUBBERY, FENCES, LANDSCAPING OR OTHER SIMILAR ITEMS BEING NATURAL OR ARTIFICIAL.
ANY OF THE AFORESAID SURFACES, PAVED AREAS, PLANTS, TREES, SHRUBBERY, FENCES, LANDSCAPING OR OTHER SIMILAR ITEMS WHICH MAY BE PLACED UPON SAID PERMANENT EASEMENT SHALL BE SO PLACED AT THE SOLE EXPENSE OF THE PROPERTY OWNER, AND THE GRANTEE OR ASSIGNS OF ANY PERMANENT EASEMENT HENCEFORTH SHALL NOT BE RESPONSIBLE TO ANY PRESENT OWNERS OF THE PROPERTY NOR TO THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS, FOR THE CONDITION, DAMAGE TO OR REPLACEMENT OF ANY SUCH AFORESAID ITEMS, OR ANY OTHER ITEMS PLACED UPON THE EASEMENT RESULTING FROM THE EXISTENCE OR USE OF THE SAID PERMANENT EASEMENT BY GRANTEE OR ASSIGNS.
ANY DEVIATION FROM THE AFORESAID RESTRICTIONS SHALL BE PETITIONED BY WRITTEN REQUEST TO THE GRANTEE OR THEIR ASSIGNS. EACH SUCH REQUEST SHALL BE CONSIDERED ON AN INDIVIDUAL BASIS WITH APPROVAL NOT BEING UNREASONABLY WITHHELD.
CITY OF CINCINNATI
By:
Harry Black, City Manager
STATE OF OHIO)
) SS:
COUNTY OF HAMILTON)
The foregoing instrument was acknowledged before me this ______day of ______, 2015, by Harry Black, City Manager of the City of Cincinnati, an Ohio municipal corporation, on behalf of the municipal corporation.
Notary Public
My commission expires:
Approved: ______
SANITARY SEWERS CHIEF ENGINEER
Scenario 3 : City relocates a pre-1968 existing sanitary sewer line on City-owned property
If the original sewer infrastructure on the parcel existed prior to 1968 and is located in the City, the City will record a springing sanitary sewer easement in favor of the City, effective when the property is transferred, if ever, to a third party.
See attached Jurate
THE CITY OF CINCINNATI (“CITY”), AN OHIO MUNICIPAL CORPORATION, AS THE FEE OWNER OF THE REAL ESTATE DEPICTED ON THIS PLAT (THE “PROPERTY”), HEREBY RESERVES AND CREATES FOR THE BENEFIT OF THE CITY (THE “GRANTEE”), A PERMANENT SEWER EASEMENT TOGETHER WITH THE RIGHT OF ENTRY AND RE-ENTRY IN AND UPON THE LANDS SHOWN ON THIS PLAT, SAID EASEMENT TO BE AS SHOWN HEREON, FOR THE CONSTRUCTION, PERPETUAL MAINTENANCE, RECONSTRUCTION, REPAIR, AND OPERATION OF THE SEWER SYSTEM, INCLUDING THE SEWER AND SEWER APPURTENANCES OF THE CITY OF CINCINNATI, ITS SUCCESSORS OR ASSIGNS, SUCH EASEMENT TO TAKE EFFECT ONLY AT SUCH TIME AS THE CITY CONVEYS THE FEE INTEREST IN THE PROPERTY OR A PORTION OF THE PROPERTY AFFECTED THEREBY TO A THIRD PARTY (“PROPERTY OWNER”). SAID EASEMENT SHALL RUN WITH THE LAND AND SHALL INURE TO THE BENEFIT OF THE CITY AND BE BINDING UPON PROPERTY OWNER AND ITS SUCCESSORS-IN-INTEREST WITH RESPECT TO THE PROPERTY.
FROM AND AFTER THE DATE THAT THE EASEMENT BECOMES EFFECTIVE, THE EASEMENT SHALL BE SUBJECT TO THE FOLLOWING RESTRICTIONS:
NO STRUCTURE OF ANY KIND WHICH CAN INTERFERE WITH ACCESS TO SAID PUBLIC SEWER SHALL BE PLACED IN OR UPON THE PERMANENT SEWER EASEMENT, EXCEPT FOR ITEMS SUCH AS RECREATIONAL SURFACES, PAVED AREAS FOR PARKING LOTS, DRIVEWAYS, OR OTHER SURFACES USED FOR INGRESS AND EGRESS, TREES, SHRUBBERY, FENCES, LANDSCAPING OR OTHER SIMILAR ITEMS BEING NATURAL OR ARTIFICIAL.
ANY OF THE AFORESAID SURFACES, PAVED AREAS, PLANTS, TREES, SHRUBBERY, FENCES, LANDSCAPING OR OTHER SIMILAR ITEMS WHICH MAY BE PLACED UPON SAID PERMANENT EASEMENT SHALL BE SO PLACED AT THE SOLE EXPENSE OF THE PROPERTY OWNER, AND THE GRANTEE OR ASSIGNS OF ANY PERMANENT EASEMENT HENCEFORTH SHALL NOT BE RESPONSIBLE TO ANY PRESENT OWNERS OF THE PROPERTY NOR TO THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS OR ASSIGNS, FOR THE CONDITION, DAMAGE TO OR REPLACEMENT OF ANY SUCH AFORESAID ITEMS, OR ANY OTHER ITEMS PLACED UPON THE EASEMENT RESULTING FROM THE EXISTENCE OR USE OF THE SAID PERMANENT EASEMENT BY GRANTEE OR ASSIGNS.
ANY DEVIATION FROM THE AFORESAID RESTRICTIONS SHALL BE PETITIONED BY WRITTEN REQUEST TO THE GRANTEE OR THEIR ASSIGNS. EACH SUCH REQUEST SHALL BE CONSIDERED ON AN INDIVIDUAL BASIS WITH APPROVAL NOT BEING UNREASONABLY WITHHELD.
CITY OF CINCINNATI
By:
Harry Black, City Manager
STATE OF OHIO)
) SS:
COUNTY OF HAMILTON)
The foregoing instrument was acknowledged before me this ______day of ______, 2015, by Harry Black, City Manager of the City of Cincinnati, an Ohio municipal corporation, on behalf of the municipal corporation.
Notary Public
My commission expires:
Approved: ______
SANITARY SEWERS CHIEF ENGINEER
Scenario 4: City relocates a post-1968 existing sanitary sewer line on City-owned property
The City will record a sanitary sewer easement in favor of the Board of County Commissioners after first obtaining an authorizing Ordinance from City Council.
Utilize the standard Jurate.