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File #: 1046-2009    Version: 1
Type: Ordinance Status: Passed
File created: 7/14/2009 In control: Public Service & Transportation Committee
On agenda: 7/27/2009 Final action: 7/29/2009
Title: To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary the Alum Creek Drive Improvement Project, to authorize the expenditure of $78,313.00 from the Federal-State Highway Engineering Fund; and to declare an emergency. ($78,313.00)
Date Ver.Action ByActionResultAction DetailsMeeting Details
7/29/20091 CITY CLERK Attest  Action details Meeting details
7/28/20091 MAYOR Signed  Action details Meeting details
7/27/20091 Columbus City Council ApprovedPass Action details Meeting details
7/27/20091 COUNCIL PRESIDENT PRO-TEM Signed  Action details Meeting details
7/17/20091 Auditor Reviewer Reviewed and Approved  Action details Meeting details
7/17/20091 CITY AUDITOR Reviewed and Approved  Action details Meeting details
7/17/20091 Atty Drafter Sent for Approval  Action details Meeting details
7/17/20091 CITY ATTORNEY Reviewed and Approved  Action details Meeting details
7/17/20091 Atty Drafter Sent to Clerk's Office for Council  Action details Meeting details
7/16/20091 Service Drafter Sent for Approval  Action details Meeting details
7/16/20091 SERVICE DIRECTOR Reviewed and Approved  Action details Meeting details
7/16/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
7/16/20091 Finance Reviewer Reviewed and Approved  Action details Meeting details
7/16/20091 FINANCE DIRECTOR Reviewed and Approved  Action details Meeting details
7/16/20091 Atty Drafter Sent for Approval  Action details Meeting details
7/15/20091 Service Reviewer Reviewed and Approved  Action details Meeting details
7/14/20091 Atty Drafter Sent for Approval  Action details Meeting details
7/14/20091 Atty Reviewer Reviewed and Approved  Action details Meeting details
7/14/20091 Atty Drafter Sent for Approval  Action details Meeting details
Explanation
 
Background:  The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Alum Creek Drive Improvement Project.
 
 
Fiscal Impact:  Funding for this project is from the Department of Public Service, Division Design and Construction, Federal-State Highway Engineering Fund.
 
Emergency Justification:  Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order that the project may meet its deadline.
 
Title
 
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary the Alum Creek Drive Improvement Project, to authorize the expenditure of $78,313.00 from the Federal-State Highway Engineering Fund; and to declare an emergency. ($78,313.00)
 
Body
 
WHEREAS,      the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Alum Creek Drive Improvement Project; and
 
WHEREAS,      the Council of the City of Columbus, Ohio, adopted Resolution No. 0030X-2008, on the 25th day of February, 2008, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and
 
WHEREAS,      an emergency exists in the usual daily operation of the Department of Public Service, Division of Design and Construction, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Alum Creek Drive Improvement Grant, #597015, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
 
82WDV
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of that 0.429 acre tract as conveyed to John D. Ketcham and Judy A. Ketcham by deed of record in Instrument Number 200203250074835, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 76+49.63;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 1067.55 feet along the existing right-of-way centerline of said Williams Road, and along the southerly line of said Section 12, to the southwest corner of that 0.0803 acre Parcel Two as conveyed to the City of Columbus by deed of record in Official Record 32343 J03, being 0.00 feet left of Williams Road station 19+14.18;
      Thence North 04 degrees 04 minutes 21 seconds East, a distance of 35.00 feet along the westerly line of said City of Columbus 0.0803 acre Parcel Two, and along the easterly line of that 0.331 acre tract as conveyed to Claude Maynard and April Gale Maynard by deed of record in Official Record 4823 H04, to the southwest corner of said Ketcham 0.429 acre tract, being 35.00 feet left of Williams Road station 19+14.28, and being the Point of True Beginning;
      Thence continuing North 04 degrees 04 minutes 21 seconds East, a distance of 5.00 feet along the westerly line of said Ketcham 0.429 acre tract, and along the easterly line of said Maynard 0.331 acre tract, to an iron pin set at the intersection with the proposed northerly right-of-way line of said Williams Road, being 40.00 feet left of Williams Road station 19+14.29;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 100.00 feet across said Ketcham 0.429 acre tract, and along the proposed northerly right-of-way line of said Williams Road to an iron pin set at the intersection with the easterly line of said Ketcham 0.429 acre tract, being 40.00 feet left of Williams Road station 20+14.29;
      Thence South 04 degrees 04 minutes 21 seconds West, a distance of 5.00 feet along the easterly line of said Ketcham 0.429 acre tract, and along the westerly line of that 0.345 acre tract as conveyed to John D. Ketcham and Judy A. Ketcham by deed of record in Instrument Number 200203250074835, to a point in the existing northerly right-of-way of said Williams Road, being 35.00 feet left of Williams Road station 20+14.28;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 100.00 feet along the southerly line of said Ketcham 0.429 acre tract, along the northerly line of said City of Columbus 0.0803 acre Parcel Two, and along the existing northerly right-of-way line of said Williams Road, to the Point of True Beginning, containing 0.011 acres, more or less, of which 0.000 acres, more or less, lies within the present road occupied;
      Of the above described area, 0.011 acres is contained within the Franklin County Auditor's Parcel 530-197190;
      The bearing datum of the afore-described parcel is based on the bearing of South 86 degrees 05 minutes 07 seconds East, for the centerline of Williams Road, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on January 11, 2005 by Tim A. Baker, Registered Surveyor 7818.
      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Instrument Number 200203250074835, of the Recorder's Office, Franklin County, Ohio.
      R.D. ZANDE AND ASSOCIATES, INC.  Registered Surveyor No. 7818
 
 
82SV-1
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of those 0.429 acre and 0.345 acre tracts as conveyed to John D. Ketcham and Judy A. Ketcham by deed of record in Instrument Number 200203250074835, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 76+49.63;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 1067.55 feet along the existing right-of-way centerline of said Williams Road, to the southwest corner of that 0.0803 acre Parcel Two as conveyed to the City of Columbus by deed of record in Official Record 32343 J03, being 0.00 feet left of Williams Road station 19+14.18;
      Thence North 04 degrees 04 minutes 21 seconds East, a distance of 40.00 feet along the westerly line of said City of Columbus 0.0803 acre Parcel Two, and along the easterly line of that 0.331 acre tract as conveyed to Claude Maynard and April Gale Maynard by deed of record in Official Record 4823 H04, to the southwest corner of said Ketcham 0.429 acre tract, being 40.00 feet left of Williams Road station 19+14.29;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 80.71 feet across said Ketcham 0.429 acre tract, and along the proposed northerly right-of-way line of said Williams Road to a point being 40.00 feet left of Williams Road station 19+95.00, and being the Point of True Beginning;
      Thence North 03 degrees 54 minutes 53 seconds East, a distance of 10.00 feet across said Ketcham 0.429 acre tract, and perpendicular to the existing right-of-way centerline of said Williams Road, to a point being 50.00 feet left of Williams Road station 19+95.00;
 
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 10.00 feet across said Ketcham 0.429 acre tract, and parallel to the existing right-of-way centerline of said Williams Road, to a point being 50.00 feet left of Williams Road station 20+05.00;
      Thence South 73 degrees 33 minutes 24 seconds East, a distance of 46.10 feet across said Ketcham 0.429 acre and 0.345 acre tracts to a point in the existing northerly right-of-way line of said Williams Road, being 40.00 feet left of Williams Road station 20+50.00;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 55.00 feet across said Ketcham 0.429 acre and 0.345 acre tracts, and along the existing and proposed northerly right-of-way line of said Williams Road, to the Point of True Beginning, containing 0.007 acres;
      Of the above described area, 0.004 acres is contained within the Franklin County Auditor's Parcel 530-197190;
      Of the above described area, 0.003 acres is contained within the Franklin County Auditor's Parcel 530-111851;
      The bearing datum of the afore-described parcel is based on the bearing of South 86 degrees 05 minutes 07 seconds East, for the centerline of Williams Road, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on March 8, 2007 by Tim A. Baker, Registered Surveyor 7818.
      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Instrument Number 200203250074835, of the Recorder's Office, Franklin County, Ohio.  R.D. ZANDE AND ASSOCIATES, INC.  Registered Surveyor No. 7818
 
 
82-SV2
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of that 0.344 acre tract as conveyed to John D. Ketcham and Judy A. Ketcham by deed of record in Instrument Number 200203250074835, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 76+49.63;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 802.55 feet along the existing right-of-way centerline of said Williams Road, to the southeast corner of that 0.0758 acre Parcel One as conveyed to the City of Columbus by deed of record in Official Record 32343 J03, being 0.00 feet left of Williams Road station 21+79.18;
      Thence North 04 degrees 04 minutes 21 seconds East, a distance of 40.00 feet along the easterly line of said City of Columbus 0.0758 acre Parcel One, and along the westerly line of that 0.223 acre tract as conveyed to the City of Columbus by deed of record in Official Record 28783 D16, to the southeast corner of said Ketcham 0.344 acre tract, being 40.00 feet left of Williams Road station 21+79.29;
 
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 19.29 feet along the southerly line of said Ketcham 0.344 acre tract, and along the proposed northerly right-of-way line of said Williams Road to a point being 40.00 feet left of Williams Road station 21+60.00, and being the Point of True Beginning;
      Thence continuing North 86 degrees 05 minutes 07 seconds West, a distance of 10.00 feet along the southerly line of said Ketcham 0.344 acre tract, and along the proposed northerly right-of-way line of said Williams Road to a point being 40.00 feet left of Williams Road station 21+50.00;
      Thence North 03 degrees 54 minutes 53 seconds East, a distance of 15.00 feet across said Ketcham 0.344 acre tract, and perpendicular to the existing right-of-way centerline of said Williams Road, to a point being 55.00 feet left of Williams Road station 21+50.00;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 10.00 feet across said Ketcham 0.344 acre tract, and parallel to the existing right-of-way centerline of said Williams Road, to a point being 55.00 feet left of Williams Road station 21+60.00;
      Thence South 03 degrees 54 minutes 53 seconds West, a distance of 15.00 feet across said Ketcham 0.344 acre tract to the Point of True Beginning, containing 0.003 acres;
      Of the above described area, 0.003 acres is contained within the Franklin County Auditor's Parcel 530-197189;
The bearing datum of the afore-described parcel is based on the bearing of South 86 degrees 05 minutes 07 seconds East, for the centerline of Williams Road, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on March 8, 2007 by Tim A. Baker, Registered Surveyor 7818.
      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Instrument Number 200203250074835, of the Recorder's Office, Franklin County, Ohio.  R.D. ZANDE AND ASSOCIATES, INC. Registered Surveyor No. 7818
 
 
82-T
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of those 0.429 acre, 0.345 acre, and 0.344 acre tracts as conveyed to John D. Ketcham and Judy A. Ketcham by deed of record in Instrument Number 200203250074835, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet left of station Alum Creek Drive 76+49.63;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 1067.55 feet along the existing right-of-way centerline of said Williams Road, to the southwest corner of that 0.0803 acre Parcel Two as conveyed to the City of Columbus by deed of record in Official Record 32343 J03, being 0.00 feet left of Williams Road station 19+14.18;
 
      Thence North 04 degrees 04 minutes 21 seconds East, a distance of 40.00 feet along the westerly line of said City of Columbus 0.0803 acre tract, along the westerly line of said Ketcham 0.429 acre tract, and along the easterly line of that 0.331 acre tract as conveyed to Claude Maynard and April Gale Maynard by deed of record in Official Record 4823 H04, to an iron pin set at the intersection with the proposed northerly right-of-way line of said Williams Road, being 40.00 feet left of Williams Road station 19+14.29, and being the Point of True Beginning;
      Thence continuing North 04 degrees 04 minutes 21 seconds East, a distance of 40.00 feet along the westerly line of said Ketcham 0.429 acre tract, and along the easterly line of said Maynard 0.331 acre tract, to a point being 80.00 feet left of Williams Road station 19+14.40;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 35.60 feet across said Ketcham tracts to a point being 80.00 feet left of Williams Road station 19+50.00;
      Thence South 66 degrees 40 minutes 26 seconds East, a distance of 111.33 feet across said Ketcham tracts to a point being 43.00 feet left of Williams Road station 20+55.00;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 20.00 feet across said Ketcham tracts to a point being 43.00 feet left of Williams Road station 20+75.00;
      Thence North 03 degrees 54 minutes 53 seconds East, a distance of 22.00 feet across said Ketcham tracts to a point being 65.00 feet left of Williams Road station 20+75.00;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 25.00 feet across said Ketcham tracts to a point being 65.00 feet left of Williams Road station 21+00.00;
      Thence South 03 degrees 54 minutes 53 seconds West, a distance of 23.00 feet across said Ketcham tracts to a point being 42.00 feet left of Williams Road station 21+00.00;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 35.00 feet across said Ketcham tracts to a point being 42.00 feet left of Williams Road station 21+35.00;
      Thence North 43 degrees 43 minutes 13 seconds East, a distance of 23.43 feet across said Ketcham tracts to a point being 60.00 feet left of Williams Road station 21+50.00;
      Thence South 86 degrees 05 minutes 07 seconds East, a distance of 29.35 feet across said Ketcham tracts to a point in the easterly line of said Ketcham 0.344 acre tract, being 60.00 feet left of Williams Road station 21+79.35;
      Thence South 04 degrees 04 minutes 21 seconds West, a distance of 20.00 feet along the easterly line of said Ketcham 0.344 acre tract to the southeast corner of said Ketcham 0.344 acre tract in the existing northerly right-of-way line of said Williams Road, being 40.00 feet left of Williams Road station 21+79.29;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 19.29 feet along the southerly line of said Ketcham tracts to a point being 40.00 feet left of Williams Road station 21+60.00;
      Thence North 03 degrees 54 minutes 53 seconds East, a distance of 15.00 feet across said Ketcham tracts to a point being 55.00 feet left of Williams Road station 21+60.00;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 10.00 feet across said Ketcham tracts to a point being 55.00 feet left of Williams Road station 21+50.00;
      Thence South 03 degrees 54 minutes 53 seconds West, a distance of 15.00 feet across said Ketcham tracts to a point being 40.00 feet left of Williams Road station 21+50.00;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 100.00 feet along the southerly line of said Ketcham tracts to a point being 40.00 feet left of Williams Road station 20+50.00;
      Thence North 73 degrees 33 minutes 24 seconds West, a distance of 46.10 feet across said Ketcham tracts to a point being 50.00 feet left of Williams Road station 20+05.00;
      
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 10.00 feet across said Ketcham tracts to a point being 50.00 feet left of Williams Road station 19+95.00;
      Thence South 03 degrees 54 minutes 53 seconds West, a distance of 10.00 feet across said Ketcham tracts to a point being 40.00 feet left of Williams Road station 19+95.00;
      Thence North 86 degrees 05 minutes 07 seconds West, a distance of 80.71 feet along the southerly line of said Ketcham tracts to the Point of True Beginning, containing 0.108 acres, more or less;
      Of the above described area, 0.071 acres is contained within the Franklin County Auditor's Parcel 530-197190;
      Of the above described area, 0.020 acres is contained within the Franklin County Auditor's Parcel 530-111851;
      Of the above described area, 0.017 acres is contained within the Franklin County Auditor's Parcel 530-197189;
      The bearing datum of the afore-described parcel is based on the bearing of South 86 degrees 05 minutes 07 seconds East, for the centerline of Williams Road, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on January 15, 2007 by Tim A. Baker, Registered Surveyor 7818.
      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Instrument Number 200203250074835, of the Recorder's Office, Franklin County, Ohio.  R.D. ZANDE AND ASSOCIATES, INC.  Registered Surveyor No. 7818
 
 
 
      Section 2.      That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Alum Creek Drive Improvement Project, #597015, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
 
133WDV
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of Lot 2 of Creekway Business Park, as recorded in Plat Book 69, Page 45, as conveyed to New Par by deed of record in Official Record 34153 E01, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 76+49.63;
      Thence North 04 degrees 02 minutes 12 seconds East, a distance of 2346.04 feet along the existing right-of-way centerline of said Alum Creek Drive, and along the easterly line of said Section 12, Township 4, Range 22, to a railroad spike found at the intersection with the existing right-of-way centerline of Creekway Drive (60 Feet), as recorded in Plat Book 48, Page 84, being 0.00 feet left of Alum Creek Drive station 99+95.67;
      Thence North 85 degrees 57 minutes 48 seconds West, a distance of 100.00 feet along the existing right-of-way centerline of said Creekway Drive to a point in said centerline being 100.00 feet left of Alum Creek Drive station 99+95.67;
      Thence South 04 degrees 02 minutes 12 seconds West, a distance of 30.00 feet perpendicular to the existing right-of-way centerline of said Creekway Drive, to an iron pin found in the northerly line of said Lot 2 and in the existing southerly right-of-way line of said Creekway Drive, at a point of curvature, being 100.00 feet left of Alum Creek Drive station 99+65.67, and being the Point of True Beginning;
      Thence with the arc of a curve to the right for 62.83 feet, along the existing southerly right-of-way line of said Creekway Drive, and along the northeasterly line of said Lot 2, having a radius of 40.00 feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord direction of South 40 degrees 57 minutes 48 seconds East, a chord distance of 56.57 feet to an iron pin found being 60.00 feet left of Alum Creek Drive station 99+25.67;
      Thence North 40 degrees 57 minutes 48 seconds West, a distance of 56.57 feet across said Lot 2, and along the proposed southerly right-of-way line of said Creekway Drive, to the Point of True Beginning, containing 0.010 acres, more or less;
            Of the above described area, 0.010 acres is contained within the Franklin County Auditor's Parcel 530-213462;
      The bearing datum of the afore-described parcel is based on the bearing of North 04 degrees 02 minutes 12 seconds East, for the centerline of Alum Creek Drive, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on March 19, 2007 by Tim A. Baker, Registered Surveyor 7818.
      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Official Record 34153 E01, of the Recorder's Office, Franklin County, Ohio.  R.D. ZANDE AND ASSOCIATES, INC. Registered Surveyor No. 7818
 
 
133-T
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 12, Township-4-North, Range-22-West, Mathew's Survey of Congress Lands of 1795-1802, and being a part of Lot 2 of Creekway Business Park, as recorded in Plat Book 69, Page 45, as conveyed to New Par by deed of record in Official Record 34153 E01, records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Being a parcel of land located on the left side of the Plat of the Centerline of Right-of-Way of FRA-C.R. 122-4.14, as recorded in Plat Book ___, Page ___;
      Beginning for reference at Franklin County Monument #8820, at the intersection of the existing right-of-way centerline of Williams Road (County Road 123), with the existing right-of-way centerline of Alum Creek Drive (County Road 122), being 0.00 feet right of Alum Creek Drive station 76+49.63;
      Thence North 04 degrees 02 minutes 12 seconds East, a distance of 2346.04 feet along the existing right-of-way centerline of said Alum Creek Drive, and along the easterly line of said Section 12, Township 4, Range 22, to a railroad spike found at the intersection with the existing right-of-way centerline of Creekway Drive (60 Feet), as recorded in Plat Book 48, Page 84, being 0.00 feet left of Alum Creek Drive station 99+95.67;
      Thence North 85 degrees 57 minutes 48 seconds West, a distance of 145.00 feet along the existing right-of-way centerline of said Creekway Drive to a point in said centerline being 145.00 feet left of Alum Creek Drive station 99+95.67;
      Thence South 04 degrees 02 minutes 12 seconds West, a distance of 30.00 feet perpendicular to the existing right-of-way centerline of said Creekway Drive, to a point in the northerly line of said Lot 2 and in the existing southerly right-of-way line of said Creekway Drive, being 145.00 feet left of Alum Creek Drive station 99+65.67, and being the Point of True Beginning;
 
      Thence South 85 degrees 57 minutes 48 seconds East, a distance of 45.00 feet along the northerly line of said Lot 2, and along the existing southerly right-of-way line of said Creekway Drive, to an iron pin found being 100.00 feet left of Alum Creek Drive station 99+65.67;
      Thence South 40 degrees 57 minutes 48 seconds East, a distance of 56.57 feet across said Lot 2, and along the proposed southerly right-of-way line of said Creekway Drive, to an iron pin found at a point of tangent curvature being 100.00 feet left of Alum Creek Drive station 99+25.67;
      Thence North 66 degrees 55 minutes 25 seconds West, a distance of 89.92 feet across said Lot 2 to a point being 145.00 feet left of Alum Creek Drive station 99+55.00;
      Thence North 04 degrees 02 minutes 12 seconds East, a distance of 10.67 feet across said Lot 2 to the Point of True Beginning, containing 0.031 acres, more or less;
      Of the above described area, 0.031 acres is contained within the Franklin County Auditor's Parcel 530-213462;
      The bearing datum of the afore-described parcel is based on the bearing of North 04 degrees 02 minutes 12 seconds East, for the centerline of Alum Creek Drive, from an adjusted field survey using G.P.S. methods using Franklin County Monuments #8819, #8820 and #8840, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
      This description was based upon a survey of Alum Creek Drive and Williams Road by R.D. Zande & Associates, Inc., in March 1999, and prepared on March 8, 2007 by Tim A. Baker, Registered Surveyor 7818.
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      Iron pins set are 3/4 inches in diameter by 30 inches long with a 1-1/2 inch aluminum cap placed on top, bearing the name "ODOT R/W" and "R D ZANDE & ASSOC".
      Grantor claims title by instrument of record in Official Record 34153 E01, of the Recorder's Office, Franklin County, Ohio. R.D. ZANDE AND ASSOCIATES, INC.  Registered Surveyor No. 7818    
 
 
      Section 3.      That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose and that te City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
 
      Section 4.      That the Council of the City of Columbus hereby declares its intentio to obtain immediate possession of the real property interests described herein.
 
      Section 5.      That the Council ohe City of Columbus hereby fixes the value of said fee simple title and lesser interests as follows:
 
      1.      82WDV, SV-1, SV-2, T                        $77,200.00
      2.      133WDV, T                                    $  1,113.00
 
      Section 6.      That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
 
      Section 7.      That the City Attorney's Office, Real Estate Division, be and is hereby authorized to expend $78,313.00, or so much thereof as may be necessary from fund 765, the Federal State Highway Engineering Fund, Department No. 59-12, Division of Design and Construction, Object Level One Code 06, Object Level Three Code 6601, Auditors Certificates: AC027844 and AC029733, OCA 591294, Grant 597015 to pay those costs relative to the acquisition of the additional rights-of-way required for the Alum Creek Drive Improvement project.
 
      Section 8.      That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.