Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Gould Park Area Stormwater System Improvement Project.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 authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Gould Park Area Stormwater System Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Gould Park Area Stormwater System Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 052X-03, on the 24th day of March, 2003 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 Utilities, Division of Sewerage and Drainage, in that it is immediately necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, for the 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 construction and permanent easements in and to the following described real property, be appropriated for the public purpose of the Gould Park Area Stormwater System Improvement Project, #610893, 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 Code (1959), Chapter 909;
14T
TEMPORARY CONSTRUCTION EASEMENT
Description of 0.006 Acre Parcel
A small tract of land located in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 107 of Gould Park No. 2, a subdivision recorded in Plat Book 19 at Page 31 and conveyed to Robert Wellman as described in Deed Book 1808 Pg. F06 in the Franklin County Records (conveyed 6/11/82) to be used for a Temporary Construction easement and more particularly described by metes and bounds as follows:
Beginning at the Northwest corner to Lot 107 of Gould Park No. 2, said point being on the South line of Wyandotte Drive (40 feet);
Thence South 85 degrees 57 minutes 55 seconds East 40.00 feet to the Northeast corner of said Lot 107;
Thence South 04 degrees 09 minutes 22 seconds West along the line between Lot 106 and Lot 107, 7.00 feet to a point;
Thence North 85 degrees 57 minutes 55 seconds West 40.00 feet to a point on the West line of said Lot 107;
Thence North 04 degrees 09 minutes 22 seconds East 7.00 feet to the Point of Beginning.
Basis for bearings is the State Plane Coordinate System
This description was prepared from an extensive survey of Gould Park No. 2 by David E. Slagle, Registered Surveyor No. 7408 of XYZ Survey Service, Inc. for Fuller, Mossbarger, Scott and May during 2000 and 2001 for Capital Improvement Project (CIP) 893 Gould Park Area Stormwater System Improvements and recorded in Plat Book 19 at Page 31 in the Franklin County Recorder's Office.
David E. Slagle, P.S. No. 7408
15T-1
TEMPORARY CONSTRUCTION EASEMENT
Description of 0.006 Acre Parcel
A small tract of land located in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 108 of Gould Park No. 2, a subdivision recorded in Plat Book 19 at Page 31 and conveyed to Robert Wellman as described in Deed Book 1899 Pg. 298 in the Franklin County Records (conveyed 7/26/55) to be used for a Temporary Construction easement and more particularly described by metes and bounds as follows:
Beginning at the Northwest corner to Lot 108 of Gould Park No. 2, said point being on the South line of Wyandotte Drive (40 feet);
Thence South 85 degrees 57 minutes 55 seconds East along the South line of Wyandotte Drive 40.00 feet to the Northeast corner of said Lot 108;
Thence South 04 degrees 09 minutes 22 seconds West along the line between Lot 107 and Lot 108, 7.00 feet to a point;
Thence North 85 degrees 57 minutes 55 seconds West 40.00 feet to a point on the West line of said Lot 108;
Thence North 04 degrees 09 minutes 22 seconds East 7.00 feet to the Point of Beginning.
Basis for bearings is the State Plane Coordinate System
This description was prepared from an extensive survey of Gould Park No. 2 by David E. Slagle, Registered Surveyor No. 7408 of XYZ Survey Service, Inc. for Fuller, Mossbarger, Scott and May during 2000 and 2001 for Capital Improvement Project (CIP) 893 Gould Park Area Stormwater System Improvements and recorded in Plat Book 19 at Page 31 in the Franklin County Recorder's Office.
David E. Slagle, P.S. No. 7408
15T-2
TEMPORARY CONSTRUCTION EASEMENT
Description of 0.006 Acre Parcel
A small tract of land located in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 109 of Gould Park No. 2, a subdivision recorded in Plat Book 19 at Page 31 and conveyed to Robert Wellman as described in Deed Book 1791 Pg. 589 in the Franklin County Records (conveyed 2/6/54) to be used for a Temporary Construction easement and more particularly described by metes and bounds as follows:
Beginning at the Northwest corner to Lot 109 of Gould Park No. 2, said point being on the South line of Wyandotte Drive (40 feet);
Thence South 85 degrees 57 minutes 55 seconds East 40.00 feet to the Northeast corner of said Lot 109;
Thence South 04 degrees 09 minutes 22 seconds West along the line between Lot 108 and Lot 109, 7.00 feet to a point;
Thence North 85 degrees 57 minutes 55 seconds West 40.00 feet to a point on the West line of said Lot 109;
Thence North 04 degrees 09 minutes 22 seconds East 7.00 feet to the Point of Beginning.
Basis for bearings is the State Plane Coordinate System
This description was prepared from an extensive survey of Gould Park No. 2 by David E. Slagle, Registered Surveyor No. 7408 of XYZ Survey Service, Inc. for Fuller, Mossbarger, Scott and May during 2000 and 2001 for Capital Improvement Project (CIP) 893 Gould Park Area Stormwater System Improvements and recorded in Plat Book 19 at Page 31 in the Franklin County Recorder's Office.
David E. Slagle, P.S. No. 7408
Section 2. 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 the 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 3. That the Council of the City of Columbus hereby fixes the value of said fee simple title and lesser interests as follows:
1. 14T, 15T-1, 15T-2 $1,320.00
Section 4. That the City Attorney be and he 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 5. That for the reasons state in the preamble hereto, 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.