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 Briarmeadow Drive Culvert Replacement Project.
Fiscal Impact:
N/A
Emergency 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 permanent easements in, over, under and through real estate in connection with the Briarmeadow Drive Culvert Replacement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Briarmeadow Drive Culvert Replacement Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, 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 Briarmeadow Drive Culvert Replacement Project, Project #610996, 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:
3P
Perpetual Storm Sewer Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 1, Township 2, Range 19, United States Military Lands, being a part of Lot Eighty-one (81), Worthington Hills Section No. 6 Subdivision to the City of Columbus as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 45, Page 80 and 81, Recorder's Office, Franklin County, Ohio, and as recorded in Official Record 3083 F07, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at an iron pin found in the Southerly line of Briarmeadow Drive, said iron pin being a point of curvature in the Southerly line of Briarmeadow Drive 314.58 feet westerly of the Centerline of Oakhurst Lane;
Thence, with the Southerly line of Briarmeadow Drive South 85 degrees 856'00" East a distance of 38.19 feet to a point being the True Point of Beginning of the tract being described;
Thence, continuing with the Southerly right-of way line of Briarmeadow Drive, South 85 degrees 856'00" East a distance of 10.13 feet to a point being the Northwesterly corner of an existing 20 feet wide drainage easement;
Thence, leaving the Southerly right-of-way line of Briarmeadow and with the Westerly line of said 20 foot easement, South 8 degrees 58'23" East a distance of 57.32 feet to a point being the
Southwesterly corner of said 20-foot easement;
Thence, North 81 degrees 01'36" East a distance of 20.00 feet to a point being the Southeasterly corner of said 20 foot easement and also being a point on the Southerly line of the parcel being described;
Thence, North 8 degrees 58'23" West a distance of 52.68 feet returning to the Southerly line of Briarmeadow Drive;
Thence, with the Southerly line of Briarmeadow Drive, South 85 degrees 56'00" East a distance of 19.74 feet to a point being the Northeasterly corner of Lot #81 of the above mentioned Worthington Hills Section No. 6 Subdivision and also being the Northwesterly corner of Lot #82 of the same Worthington Hills Section No. 6 Subdivision;
Thence, with the Easterly line of Lot #81, South 5 degrees 32'04" East a distance of 46.74 feet to a point;
Thence leaving the Easterly line of Lot #81, South 75 degrees 32'36" West a distance of 40.53 feet to a point;
Thence, North 14 degrees 27'23" West a distance of 62.18 feet returning to the Southerly line of Briarmeadow Drive and the True Point of Beginning.
Containing 0.030 Acres more or less.
This easement coincides with a previous easement for utility purposes being the Northerly 15.00 feet of Lot #81, as shown and delineated on the above-mentioned plat of Worthington Hills Section No. 6 Subdivision
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.