Explanation
The following is a resolution to declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II (Outfall Augmentation).Fiscal Impact: N/AEmergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II (Outfall Augmentation), and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II (Outfall Augmentation); 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 fee simple title and lesser interests in and to 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 fee simple title and lesser interests in and to the following described real estate necessary for the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II (Outfall Augmentation), Project, # 650491, 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:
P-385-S
Situate in the State of Ohio, County of Franklin, being a part of the northeast quarter of Section 25, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.258 acres permanent easement at an elevation of 707.00 feet (North American Vertical Datum 1988) and below, the surface elevation being 735 feet and above, out of the 3.507 acres of land described in Official Record 25906 C18, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to Robert L. and Pamela Sue KENDALL, being more particularly described as follows;
Beginning for reference at a railroad spike called and found at the centerline intersection of Bixby Road (80 feet wide) and the centerline of the northbound lane of Alum Creek Drive;
thence, South 86° 12' 47" West, with the centerline of Bixby Road and the Grantor's southerly line, a distance of 89.89 feet to the southeasterly corner of a sixty feet wide permanent subsurface easement below elevation 707.00 feet, the TRUE POINT OF BEGINNING of the subsurface easement being described;
thence, South 86° 12' 47" West, continuing with the Grantor's southerly line and the center of Bixby Road, a distance of 60.37 feet to a point, the southwesterly corner of the said sixty feet wide permanent subsurface easement;
thence, North 02° 32' 14" East, with the westerly line of the said subsurface easement, a distance of 182.00 feet to a point in the Grantor's northerly line, the southerly line of the Sarah Lane Crabtree Trust, Tract Two, First Parcel of 54 acres, of record in Instrument Number 199906280163165, called the center of Big Walnut Creek, being the northwesterly corner of the said permanent subsurface easement;
thence, North 77° 05' 18" East, with the Grantor's northerly line and the said Crabtree Trust 54 acres southerly line, a distance of 62.25 feet to a point at the northeasterly corner of the said permanent subsurface easement;
thence, South 02° 32' 14" West, with the easterly line of the said permanent easement, a distance of 191.93 feet to the TRUE POINT OF BEGINNING of the permanent subsurface easement being described. The parcel, as described above, contains 0.258 acres, more or less, subject to all legal highways, including Alum Creek Drive and Bixby Road, together, which occupy 0.227 acres within the above described easement, leaving a balance of 0.031 acres to be acquired.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
T-385-S
Situate in the State of Ohio, County of Franklin, being a part of the northeast quarter of Section 25, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.031 acres temporary easement for sanitary sewer construction purposes out of the 3.507 acres of land described in Official Record 25906 C18, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to Robert L. and Pamela Sue KENDALL, being more particularly described as follows;
Beginning for reference at a railroad spike called and found in the centerline intersection of Bixby Road (80 feet wide) and the centerline of the northbound lane of Alum Creek Drive;
thence, South 86° 12' 47" West, with the centerline of Bixby Road and the Grantor's southerly line, a distance of 150.26 feet to the southwesterly corner of a sixty feet wide permanent subsurface easement;
thence, North 02° 32' 14" East, leaving the Grantor's southerly line and with the westerly line of the said subsurface easement, a distance of 40.24 feet to a point in the northerly right of way line of said Bixby Road, being the TRUE POINT OF BEGINNING of the subsurface easement being described;
thence, North 02° 32' 14" East, with the westerly line of the said permanent sixty feet wide subsurface easement, a distance of 141.76 feet to a point in the Grantor's northerly line and the southerly line of the Sarah Lane Crabtree Trust, Tract Two, First Parcel of 54 acres, of record in Instrument Number 199906280163165, being the center of Big Walnut Creek, the northwesterly corner of the said permanent subsurface easement, and the northwesterly corner of the temporary easement being described herein;
thence, North 77° 05' 18" East, with the Grantor's northerly line and the said Crabtree Trust 54 acres southerly line, a distance of 9.91 feet to a point in the westerly right of way line of said Alum Creek Drive;
thence, South 02° 36' 14" West, with the said westerly right of way line of Alum Creek Drive, a distance of 143.36 feet to the intersection of the westerly right of way line of Alum Creek Drive and the northerly right of way line of Bixby Road;
thence, South 86° 12' 47" West, with the northerly right of way line of said Bixby Road, a distance of 9.44 feet to the TRUE POINT OF BEGINNING of the temporary easement for sanitary sewer construction purposes being described. The parcel, as described above, contains 0.031 acres, more or less, subject to all legal highways and other easements, covenants and agreements of record.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
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.