Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Hard Road Phase C Project.
Fiscal Impact:
N/A
Emergency Justification:
Emergency action is requested to allow the immediate acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to meet certain State of Ohio and City deadlines.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Hard Road Phase C Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Hard Road Phase C Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, 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 permanent and construction easements in, over, under and through the following described real estate necessary for the Hard Road Phase C Project, Project #561101, 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:
CHANNEL EASEMENT DESCRIPTION
OF THE
STEVE N. & LORI F. LUKE
.110 ACRES PARCEL
Being a part of Lot 41 of The Bluffs, as numbered and delineated in Plat Book 46, Page 88, this and all further references being to the records of the Franklin County Recorder's Office, conveyed by Quit-Claim Deed of record in O.R. 29082 D17, to Harriet Marcus, as Trustee under Trust Agreement dated March 10, 1995, as amended, being more particularly described as follows;
Beginning at the northwesterly corner of said Lot 41 of The Bluffs, being in the southerly right of way of existing Hard Road, also being the northeasterly corner of the Richard T. Brittain and Sandrina J. Gentry Lot 42, of record in O.R. 26715 BO 1; thence, South 2° 53' 59" West, with the westerly line of said Lot 41, a distance of 60.00 feet to an iron pin to be set upon completion of construction in the new southerly right of way line of said Hard Road, and the true point or beginning of the temporary easement parcel for construction purposes being described;
thence, South 87° 06' 01" East, with the said new southerly right of way line, a distance of 120.00 feet to an iron pin to be set upon completion of construction in the easterly line of said Lot 41 and the westerly line of the Kenneth R. Elshoff and Lea A. Elshoff Lot 40, of record in O.R. 228410 C16 and O.R.28410 C18;
thence, South 2° 53' 59" West, leaving the said new southerly right of way line, and with the easterly line of Lot 41, and the westerly line of the said Lot 40, a distance of 45. 77 feet to an easterly corner of said Lot 41;
thence, South 37° 22' 15" West, continuing with the said easterly line of Lot 41 and the westerly line of lot 40, a distance of 12.00 feet to a point;
thence, North 77° 03' 22" West, leaving said line and crossing Lot 41, a distance of 50.19 feet to a point;
thence, North 2° 37' 13" East a distance of 12.56 feet to a point;
thence, North 87° 22' 47" West a distance of 4.47 feet to a point;
thence, North 2° 37' 13" East a distance of 2.82 feet to a point;
thence, North 87° 26' 13" West a distance of 17.51 feel to a point;
thence, North 80° 44' 06" West a distance of 42.00 feet to a point in the westerly line of said Lot 41 and the easterly line of the said Brittain and Gentry Lot 42, to the true point of beginning. The temporary easement parcel, as described above, contains 0.110 acres, more or less.
Iron pins to be set will be set under the supervision of an Ohio Registered Surveyor and will meet the minimum standards required in the Ohio Revised Code 4733-37. The reference bearing for this description is the centerline of existing Hard Road, which bears South 87° 06' 01" East.
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