Explanation
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 Scioto Trail Land Acquisition Project.
Fiscal Impact: N/A
Emergency Designation: Emergency action to allow for the immediate acquisition of those properties necessary to the completion of the project.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Scioto Trail Land Acquisition Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Scioto Trail Land Acquisition Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department, 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 Scioto Trail Land Acquisition Project, Project # 510316-100000, 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:
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LEGAL DESCRIPTION OF A CERTAIN 0.0349 ACRE PERMANENT EASEMENT CONTAINED WITHIN FRANKLIN COUNTY AUDITOR PARCEL NUMBERS 010-129543 & 010-129535
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Section 12, Township 1, Range 23, Congress Lands, and being a 0.0349 acre easement out of a 0.851 acre tract deeded to Stanley R. Jurus, Jr. in Volume 3577, Page 496, Recorder's Office, Franklin County, Ohio, (all deed and plat references made being to said recorder's office, unless otherwise noted) and being more particularly described as follows:
Beginning at an 1" iron pipe found at the southeast corner of said 0.851 acre tract, said point being at the northeast corner of a 2.355 acre tract deeded to Advanced Marketing Group as recorded in Volume 18031, Page G03, said point also being on the westerly right-of-way line of Dublin Road (60 feet wide), said point also being the TRUE POINT OF BEGINNING for the 0.0349 acre easement herein after described;
Thence leaving said right-of-way line and along said southerly and northerly lines, South 86 Degrees 41 Minutes 31 Seconds West, 50.20 feet, to a point on a non tangent curve on said southerly and northerly lines;
The following two (2) courses cross said 0.851 acre tract:
Thence along an arc of a non tangent curve to the left 58.47 feet, having a central angle of 81 Degrees 42 Minutes 16 Seconds, a radius of 41.00 feet, and a chord bearing North 28 Degrees 48 Minutes 09 Seconds East, 53.64 feet to a point of tangency;
Thence North 12 Degrees 02 Minutes 58 Seconds West, 55.92 feet, to a point on the northerly line of said 0.851 acre tract, said point being on the southerly line of a 0.528 acre tract deeded to Arlington Quarry Office Building as recorded in Volume 18748, Page A09;
Thence along said northerly and southerly lines, North 86 Degrees 57 Minutes 54 Seconds East, 9.03 feet to a point on the northeasterly corner of said 0.851 acre tract, said point being at the southeasterly corner of said 0.528 acre tract, said point also being on the westerly right-of-way line of said Dublin Road;
Thence along the easterly line of said 0.851 acre tract and along said westerly right-of-way line, South 12 Degrees 04 Minutes 46 Seconds East, 40.50 feet to a 3/4" iron pipe found on the easterly line of said 0.851 acre tract, said point being on said westerly right-of-way line;
Thence along the easterly line of said 0.851 acre tract and along said westerly right-of-way line, South 17 Degrees 11 Minutes 36 Seconds East, 62.46 feet to the TRUE POINT OF BEGINNING, containing 0.0349 acres and being subject to all legal easements, restrictions, and right-of-way of record;
Anthony J. Robinson, Ohio Surveyor No. 8120, of HLG Engineering & Surveying, Inc., Worthington, Ohio, prepared the above description from record information and available monumentation done in April, 2007. Basis of Bearings are based on the bearings from land deeded to Advanced Marketing Group in Volume 18031, page G03.
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LEGAL DESCRIPTION OF A CERTAIN 0.027 ACRE TEMPORARY CONSTRUCTION EASEMENT CONTAINED WITHIN FRANKLIN COUNTY AUDITOR PARCEL NUMBER 143-000149
Situated in the State of Ohio, County of Franklin, Village of Marble Cliff, and being a 0.027 acre temporary easement out of a 0.897 acre tract (survey acreage) known as Franklin County Auditor Parcel Number 143-000149 conveyed to Norma J. Mnich by deed in Official Record Volume 4768, Page H12 (all document references are to the Franklin County Recorder's Office unless otherwise stated) being more particularly described as follows:
BEGINNING on the easterly existing right-of-way line of Dublin Road and at the northwest corner of the said 0.897 acre tract being 14.90 feet right of the centerline of the proposed bike trail station 44+77.55;
Thence along the northerly property line, North 63° 34' 20" East for a distance of 24.67 feet to a point being 39.20 feet right of the centerline of the proposed bike trail station 44+81.76;
Thence crossing through the lands of the Grantor, South 22° 28' 46" East for a distance of 45.86 feet to a point being 43.90 feet right of the centerline of the proposed bike trail station 44+36.14;
Thence continuing through the lands of the Grantor, South 67° 34' 24" West for a distance of 27.43 feet to a point on the said easterly existing right-of-way line being 16.62 feet right of the centerline of the proposed bike trail station 44+33.35;
Thence along the said easterly existing right-of-way line, North 18° 49' 34" West for a distance of 44.23 feet to the POINT OF BEGINNING, containing 0.027 acres, more or less.
The above described 0.027 acres is contained within Franklin County Auditor's parcel number 143-000149 which has an Auditor's record area of 0.900 acres.
Bearings are based on the Ohio State Plane Coordinate System, South zone, and reference the North American Datum of 1983 and the CORS adjustment (NAD83(CORS)).
The above description is based on a survey conducted by DLZ Ohio, Inc., performed under the direct supervision of Charles H. Murphy, Ohio Registered Professional Surveyor number 6950. ______
Charles H. Murphy, PS No. 6950 te
Surveyor, DLZ Ohio, Inc.
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LEGAL DESCRIPTION OF A CERTAIN 0.052 ACRE TEMPORARY CONSTRUCTION EASEMENT CONTAINED WITHIN FRANKLIN COUNTY AUDITOR PARCEL NUMBER 143-000201
Situated in the State of Ohio, County of Franklin, Village of Marble Cliff, and being a 0.052 acre temporary easement out of a 3.615 acre tract (survey acreage) known as Franklin County Auditor Parcel Number 143-000201 conveyed to Midwestern Enterprises, LLC, by affidavit of record filed as Instrument Number 200207090168320 (all document references are to the Franklin County Recorder's Office unless otherwise stated) being more particularly described as follows:
BEGINNING on the easterly existing right-of-way line of Dublin Road at a point being 18.55 feet right of the centerline of the proposed bike trail station 38+56.82;
Thence along the said easterly existing right-of-way line the following two (2) courses:
1) North 37° 19' 38" West for a distance of 41.47 feet to a point of curvature being 9.52 feet right of the centerline of the proposed bike trail station 38+98.97;
2) Along a curve to the right, said curve having a central angle of 00° 44' 08", an arc length of 146.34 feet, a radius of 11399.13 feet, and a chord which bears North 21° 07' 37" West for a distance of 146.34 feet to a point of tangency being 9.48 feet right of the centerline of the proposed bike trail station 40+45.31;
Thence crossing through the lands of the Grantor the following eight (8) courses:
1) South 72° 07' 44" East for a distance of 3.75 feet to a point being 12.40 feet right of the centerline of the proposed bike trail station 40+42.95;
2) South 33° 29' 27" East for a distance of 16.60 feet to a point being 15.95 feet right of the centerline of the proposed bike trail station 40+26.74;
3) South 31° 06' 37" East for a distance of 25.54 feet to a point being 20.39 feet right of the centerline of the proposed bike trail station 40+01.58;
4) South 29° 52' 10" East for a distance of 25.45 feet to a point being 24.26 feet right of the centerline of the proposed bike trail station 39+76.42;
5) South 27° 27' 54" East for a distance of 25.45 feet to a point being 27.08 feet right of the centerline of the proposed bike trail station 39+51.13;
6) South 23° 08' 24" East for a distance of 25.65 feet to a point being 27.99 feet right of the centerline of the proposed bike trail station 39+25.49;
7) South 15° 00' 57" East a distance of 50.42 feet to a point being 21.99 feet right of the centerline of the proposed bike trail station 38+72.91;
8) South 15° 42' 44" East a distance of 16.29 feet to the POINT OF BEGINNING, containing 0.052 acres, more or less.
The above described 0.052 acres is contained within Franklin County Auditor's parcel number 143-000201 which has an Auditor's record area of 3.618 acres.
Bearings are based on the Ohio State Plane Coordinate System, South zone, and reference the North American Datum of 1983 and the CORS adjustment (NAD83(CORS)).
The above description is based on a survey conducted by DLZ Ohio, Inc., performed under the direct supervision of Charles H. Murphy, Ohio Registered Professional Surveyor number 6950.
Charles H. Murphy, PS No. 6950 Date
Surveyor, DLZ Ohio, Inc.
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.