Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Britton/Cosgray 16" Water Main project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels 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
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Britton/Cosgray 16" Water Main project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Britton/Cosgray 16" Water Main project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is immediately necessary to declare the necessity and intent to appropriate permanent 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 permanent easements in, over, under and through the following described real estate necessary for the Britton/Cosgray 16" Water Main project, (aka Holly River Ave. 12" Water Main from Janklow Ln. to Hayden Run Rd. & Britton/Cosgray Connector 16" Water Main from Hayden Run Rd. to CSXT Railroad 2005), 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:
PERPETUAL SUB-SURFACE UTILITY EASEMENT
(Between elevations 920.00 feet and 930.00 feet)
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 3453 of the Virginia Military District and being in that tract conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201 between elevations of 920.00 feet and 930.00 feet (elevations are based on NAVD88) and described as follows:
Beginning at the northeast corner of that 93.195 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200409220221891, the east corner of that 2.268 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200411090257812, a corner to the remainder of that 161.25 acre tract conveyed to Rings Farms, Ltd. of record in Instrument Number 199901050002791, in the west railroad right-of-way line for said New York Central Lines, LLC;
Thence N 39º 15' 59" W, with said west railroad right-of-way line, 47.50 feet;
Thence N 83º 22' 17" E, across said railroad right-of-way, 78.38 feet to the east right-of-way line for said railroad;
Thence S 39º 15' 59" E, with said east railroad right-of-way line, 47.50 feet;
Thence S 83º 22' 17" W, across said railroad right-of-way, 78.38 feet to the Point Of Beginning, containing 0.072 acre, more or less.
All references refer to the records of the Recorder's Office, Franklin County, Ohio.
EMH&T, Inc., John C. Dodgion, P.S. No. 8069, 3/15/05.
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 state 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.