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 Morse Road 36" Water Main Project, Project #690474.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 permanent easements in, over, under and through real estate in connection with the Morse Road 36" Water Main Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Morse Road 36" 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 Morse Road 36" Water Main Project, Project #690474, 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 1P - 0.7316 Ac.
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 17, United States Military Lands and being a 40.00 foot wide, 0.7316 acre Permanent Waterline Easement and being out of that original 30.234 acre tract of land conveyed to Ben W. Hale, Jr., Trustee, recorded in Official Record 34299G14, all references refer to records of the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing at the intersection of the centerline of Morse Road with the centerline of Hamilton Road, said intersection being marked by Franklin County Monument No. 6616;
Thence North 86° 20' 56" West, with the centerline of said Morse Road a distance of 858.69 feet to the southeast corner of a 5.78 acre tract conveyed to the City of Columbus in Deed Volume 2929, Page 99;
Thence North 03° 39' 04" East along the easterly line of said 5.78 acre City of Columbus tract, (passing through the northerly right-of-way line of said Morse Road and the southwest corner of said 30.234 acre Hale tract at 60.00 feet) a distance of 303.00 feet to the southwest corner of the herein described 0.7316 acre Permanent Waterline Easement and the True Point of Beginning for this description;
Thence North 03° 39' 04" East along the easterly line of said 5.78 acre City of Columbus tract, and the westerly line of said 30.234 acre Hale tract a distance of 40.00 feet;
Thence through said 30.234 acre Hale tract the following three (3) courses:
1. South 86° 41' 48" East, 796.60 feet to the westerly right-of-way line of Hamilton Road, (said right-of-way line being 60.00 feet westerly of as measured perpendicular to and parallel with, the centerline of said road) and the easterly line of said 30.234 acre Hale tract;
2. South 3° 18' 12" West, with said common right-of-way and Hale line a distance of 40.00 feet;
3. North 86° 41' 48" West, 796.84 to the True Point of Beginning for this description.
The above-described Permanent Waterline Easement contains 0.7316 acres of land more or less.
Bearings contained herein are based on the Ohio State Plane Coordinate System NAD 83 South Zone. Control for bearings was from coordinates of Monuments Frank 69 and Frank 169 established by the Franklin County Engineering Department using Global Positioning System procedures and equipment.
This description was prepared from an actual survey in the field and deed records in March 2003, and is correct to the best of my knowledge.
The above description was prepared by the City of Columbus, Division of Water, James B. Uhlenhake, Professional Surveyor No. 5622.
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.