Explanation
Background: The following is a resolution to declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the East Neil Alley Rehabilitation Project.Fiscal Impact: N/AEmergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward.
Title
To declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the East Neil Alley Rehabilitation Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the East Neil Alley Rehabilitation Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Division of Transportation, in that it is immediately necessary to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through the hereinbefore described real estate necessary for the aforementioned project so that there will be no delay in the project thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That this Council hereby declares the necessity and intent to appropriate construction easements in, over, under and through the following described real estate necessary for the East Neil Alley Rehabilitation Project, Project #537650, pursuant to and in accordance with the Charter of the City of Columbus, Columbus City Code (1959) Revised, Chapter 909, the Constitution of the State of Ohio and Ohio Revised Code, Chapter 719; to-wit:
PARCEL 4T
TEMPORARY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the third Quarter of Township 1, Range 18, United States Military Lands and being part of a 0.170 Acre tract conveyed to Dwight D. and Sharon Butcher by Official Record 18506 B-10 of the Recorder's Office, Franklin County, Ohio in Auditor's Parcel Number 010-044829 and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of a survey for East Neil Alley, made for the City of Columbus and being located within the following described points in the boundary thereof:
Beginning at a point in the Grantor's easterly property line and the westerly right-of-way line of East Neil Alley, said point being 10.46 feet left of centerline of survey East Neil Alley Station 1+65.18 and also being the southeast corner of Lot 48 of Elizabeth J. McMillen Subdivision as shown on Plat Book 3, Pg 334;
thence South 88??6'27" West, 9.54 feet along the Grantor's southerly property line and the south line of Lot 48 to a point in the proposed temporary easement line, being 20.00 feet left of centerline of survey East Neil Alley Station 1+65.01;
thence North 0?01'37" West, 11.34 feet along the proposed temporary easement line to a point in the Grantor's northerly property line and the north line of Lot 48 being 20.00 feet right centerline of survey East Neil Alley Station 1+76.35;
thence South 89?56'55" East, 9.56 feet along the Grantor's northerly property line, the northerly line of Lot 48 and the westerly right of way line for East Neil Alley to a point in the north line of Lot 48 and the Grantor's easterly property line being 10.44 feet right of centerline of survey East Neil Alley Station 1+76.34;
thence South 0?03'05' West, 11.16 feet along the Grantor's southerly property line, the south line of Lot 48 to the place of beginning.
Containing 107.42 square feet (0.002 acres), more or less, of which the present road occupies 0.000 acres.
Basis of bearing: The bearing of North 0°03'05" East for the centerline of East Neil Alley, is assumed from an actual field survey, based on Franklin County Auditor's Coordinate System. MOODY/NOLAN, INC. Alden M. McGee, Professional Surveyor No. 5679
PARCEL NO. 15 WA
WORK AGREEMENT
J A S SOLOMON PARTNERSHIP
Situated in the City of Columbus, County of Franklin, State of Ohio and being part of Lots 15 and 16 of Elizabeth J. McMillens University Addition, as recorded in Plat Book 4, Page 135, of the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Being a strip of land variable in width West of, and adjacent to the westerly right-of-way line of the alley East of Neil Avenue and North of Eighth Avenue, and being left of and between centerline of survey East Neil Alley Station 6+72.87 and Station 7+58.05 as shown on the construction plans for East Neil Alley, King Avenue to Ninth Avenue Alley Rehabilitation, plan number 1745 Dr. E and containing 365 square feet, more or less.
Grantor claims title by instrument of record 199803090054299, Franklin County Recorder's Office, Auditor's parcel Number 010-057096.
The above description was prepared by Alden M. McGee, Ohio Registered Surveyor No. S-5679 from existing Plat records of said county and a survey for street improvement conducted by Compton Surveying Company, Inc.
PARCEL 15T
TEMPORARY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the third Quarter of Township 1, Range 18, United States Military Lands and being part of a 0.050 Acre tract conveyed to J. A. S. SOLOMON PARTNERSHIP by O.R. 199803090054299 of the Recorder's Office, Franklin County, Ohio in Auditor's Parcel Number 010-057096 and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of a survey for East Neil Alley, made for the City of Columbus and being located within the following described points in the boundary thereof:
Beginning at a point at the intersection of the Grantor's southerly property line and the westerly right-of-way line of East Neil Alley, said point being 9.77 feet left of centerline of survey East Neil Alley Station 6+68.66 and also being the southeast corner of Lot 16 of Elizabeth J. McMillen's University Addition as shown on Plat Book 4, Pg 135;
thence North 78°45'59" West, 5.00 feet along the Grantor's southerly property line, the south line of Lot 16 and the northerly right of way line for Eighth Avenue to a point in the proposed temporary easement line, said point being 14.68 feet left of centerline of survey East Neil Alley Station 6+69.63;
thence North 50°38'33" East, 6.35 feet along the proposed temporary easement line to a point on the Grantor's easterly property line, the east line of Lot 16 and the westerly right of way of East Neil Alley, being 9.71 feet left of centerline of survey East Neil Alley Station 6+73.66;
thence South 0°03'05" West, 5.00 feet along the Grantor's easterly property line, the east line of Lot 16 and the westerly right-of-way line for East Neil Alley to the place of beginning.
Containing 12.26 square feet (0.000 acres), more or less, of which the present road occupies 0.000 acres.
Basis of bearing: The bearing of North 0°01'37" West for the centerline of East Neil Alley, is assumed from an actual field survey, based on Franklin County Auditor's Coordinate System. MOODY/NOLAN, INC.
Alden M. McGee, Professional Surveyor No. 5679
PARCEL 15T-1
TEMPORARY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the third Quarter of Township 1, Range 18, United States Military Lands and being part of a 0.050 Acre tract conveyed to J. A. S. SOLOMON PARTNERSHIP by O.R. 199803090054299 of the Recorder's Office, Franklin County, Ohio in Auditor's Parcel Number 010-057096 and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of a survey for East Neil Alley, made for the City of Columbus and being located within the following described points in the boundary thereof:
Beginning at a point on the Grantor' easterly property line and the westerly right-of-way line for East Neil Alley, said point being 9.71 feet left of centerline of survey East Neil Alley Station 7+16.18;
thence North 87°26'46" West, 10.30 feet along the proposed temporary easement line to an angle point, said point being 20.00 feet left of centerline of survey East Neil Alley Station 7+16.64;
thence North 0°01'37" West, 12.19 feet along the proposed temporary easement line to an angle point, said point being 20.00 feet left of centerline of survey East Neil Alley Station 7+28.84;
thence South 87°50'27" East, 10.32 feet along the proposed temporary easement line to a point on the Grantor's easterly property line and the westerly right of way line for East Neil Alley, said point being 9.69 feet left of centerline of survey East Neil Alley Station 7+28.44;
thence South 0°03'05" West, 12.26 feet along the Grantor's easterly property line and the westerly right of way line for East Neil Alley to the place of beginning.
Containing 125.96 square feet (0.003 acres), more or less, of which the present road occupies 0.000 acres.
Basis of bearing: The bearing of North 0°01'37" West for the centerline of East Neil Alley, is assumed from an actual field survey, based on Franklin County Auditor's Coordinate System.
MOODY/NOLAN, INC. Alden M. McGee, Professional Surveyor No. 5679
PARCEL 20T
TEMPORARY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the third Quarter of Township 1, Range 18, United States Military Lands and being part of a 0.335 Acre tract conveyed to Windstar Development Ltd. By O.R. 200001260017417 of the Recorder's Office, Franklin County, Ohio in Auditor's Parcel Number 010-066736 and being more particularly described as follows:
Being a parcel of land lying on the right side of the centerline of a survey for East Neil Alley, made for the City of Columbus and being located within the following described points in the boundary thereof:
Beginning at a point in the Grantor's westerly property line and the easterly right-of-way line of East Neil Alley, said point being 10.47 feet right of centerline of survey East Neil Alley Station 8+45.51 and also being the southwest corner of Lot 29 Elizabeth J. McMillen's University Addition as shown on Plat Book 4, Pg 135;
thence North 0°03' 05" East, 69.48 feet along the Grantor's westerly property line, the westerly line of Lot 29 and the easterly right of way line for East Neil Alley to a point in the proposed temporary easement line, being 10.56 feet right of centerline of survey East Neil Alley Station 9+14.99;
thence South 87°36'14" East, 9.44 feet along the proposed temporary easement line to an angle point, being 20.00 feet right of centerline of survey East Neil Alley Station 9 +14.59;
thence South 0°01'37" East, 70.98 feet along the proposed temporary easement line to a point in the Grantor's southerly property line and the south line of Lot 29, being 20.00 feet right centerline of survey East Neil Alley Station 8+43.61;
thence North 78°45'58" West, 9.72 feet along the Grantor's southerly property line and the south line of Lot 29 to the place of beginning.
Containing 666.09 square feet (0.015 acres), more or less, of which the present road occupies 0.000 acres.
Basis of bearing: The bearing of North 0°01'37" West for the centerline of East Neil Alley, is assumed from an actual field survey, based on Franklin County Auditor's Coordinate System. MOODY/NOLAN, INC.
Alden M. McGee, Professional Surveyor No. 5679
PARCEL 22T
TEMPORARY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the third Quarter of Township 1, Range 18, United States Military Lands and being part of a 0.140 Acre tract conveyed to George A. & Effe Sourvanos by D.B. 355066, PG. H-02 of the Recorder's Office, Franklin County, Ohio in Auditor's Parcel Number 010-023135 and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of a survey for East Neil Alley, made for the City of Columbus and being located within the following described points in the boundary thereof:
Beginning at a point in the Grantor's easterly property line and the westerly right-of-way line of East Neil Alley, said point being 9.46 feet left of centerline of survey East Neil Alley Station 8+98.77 and also being the southeast corner of Lot 11 of Elizabeth J. McMillen's University Addition as shown on Plat Book 4, Pg 135;
thence North 89°54'14" West, 10.54 feet along the Grantor's southerly property line and the south line of Lot 11 to a point in the proposed temporary easement line, being 20.00 feet left of centerline of survey East Neil Alley Station 8 +98.79;
thence North 0°01'37" West, 40.13 feet along the proposed temporary easement line to a point in the Grantor's northerly property line and the north line of Lot 11 being 20.00 feet left of centerline of survey East Neil Alley Station 9+38.92;
thence South 89°54'14" East, 10.60 feet along the Grantor's northerly property line, the northerly line of Lot 11 to a point in the westerly right of way line for East Neil Alley and the Grantor's easterly property line being 9.40 feet left of centerline of survey East Neil Alley Station 9+38.90;
thence South 0°03'05" West, 40.13 feet along the Grantor's easterly property line and the westerly right-of-way line for East Neil Alley to the place of beginning.
Containing 424.12 square feet (0.010 acres), more or less, of which the present road occupies 0.000 acres.
Basis of bearing: The bearing of North 0°01'37" West for the centerline of East Neil Alley, is assumed from an actual field survey, based on Franklin County Auditor's Coordinate System.
MOODY/NOLAN, INC. Alden M. McGee, Professional Surveyor No. 5679
Section 2. That the City Attorney be and hereby is authorized to cause a written notice of the adoption of this resolution to be served upon the owners, persons in possession of or persons having a real or possible interest of record in the above described premises in the manner provided by law.
Section 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.