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 Hap Cremean Raw Water Line project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water , Waterworks Enlargement Voted 1991 Bonds Funds,.
Emergency Justification: Emergency legislation is being requested to allow acquisition of these parcels necessary for this project to proceed without delay in order to continue engineering design services for this project critical to providing increased safety to the water supply to the greater Columbus area.
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 Hap Cremean Raw Water Line 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 Hap Cremean Raw Water Line project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0055X-2006, on the 3rd day of April, 2006, 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 Department of Public Utilities, Division of Water, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Hap Cremean Raw Water Line project, #690265, 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 City Code (1959), Chapter 909:
6P
Easement
0.454 Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Reserve "A", as the same are designated and delineated on the subdivision plat entitled "Chilcote's Ingleside Addition" of record in Plat Book 19, Page 28, and being with that tract of land conveyed to BZ Management Partners by deed of record in Official Record 12124, C-07, all references are to records of the Franklin County, Ohio Recorder's Office, said 0.454 acre being more particularly described as follows;
Beginning at a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Helen M. Corder and Glennis L. Corder by deed of record in Instrument Number 199707020037577, said point bears S 85°22' 01" W, a distance of 32.99 feet from the southwesterly corner of a tract of land conveyed to Margaret A. Chambers by deed of record in Instrument Number 200308110253610;
Thence S 85° 22' 01" W, with said common line, a distance of 30.05 feet to a point on the arc of a curve;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
Northwestwardly with the arc of a curve to the left (Delta = 8° 48' 19", Radius = 1055.67 feet, Arc Length = 162.23 feet), a chord bearing and distance of N 5° 31' 49" W, 162.07 feet to the point of tangency of said curve; and
N 9° 55' 58" W, a distance of 499.61 feet to a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Annhurst Apartments of Columbus III Limited Partnership by deed of record in Official Record 10853, J-12;
Thence S 82° 52' 54" E, with said common line, a distance of 31.38 feet to a point;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
S 9° 55' 58" E, a distance of 490.41 feet to the point of curvature of a curve to the right; and
Southeastwardly with the arc of said curve (Delta = 8° 42' 30", Radius = 1085.64 feet, Arc Length = 165.00 feet), a chord bearing and distance of S 5° 34' 43" E, 164.85 Point Of Beginning, containing 0.454 acre of land, more or less.
The bearings shown hereon are based on the Ohio State Plane Coordinate System, South Zone as per NAD 83.
Resource International Inc., Mark S. Ward P.S. No. S-7514.
6T-1
Easement
0.535-Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Reserve "A", as the same are designated and delineated on the subdivision plat entitled "Chilcote's Ingleside Addition" of record in Plat Book 19, Page 28, and being with that tract of land conveyed to BZ Management Partners by deed of record in Official Record 12124C07, all references are to records of the Franklin County, Ohio Recorder's Office, said 0.535 acre being more particularly described as follows;
Beginning at a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Helen M. Corder and Glennis L. Corder by deed of record in Instrument Number 199707020037577, said point bears S 85°22' 01" W, a distance of 63.04 feet from the southwesterly corner of a tract of land conveyed to Margaret A. Chambers by deed of record in Instrument Number 200308110253610;
Thence S 85° 22' 01" W, with said common line, a distance of 35.07 feet to a point on the arc of a curve;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
Northwestwardly with the arc of a curve to the left (Delta = 8° 55' 32", Radius = 1020.64 feet, Arc Length = 159.00 feet), a chord bearing and distance of N 5° 28' 12" W, 158.84 feet to the point of tangency of said curve;
N 9° 55' 58" W, a distance of 504.68 feet to a point; and
N 10° 07' 57" W, a distance of 5.68 feet to a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Annhurst Apartments of Columbus III Limited Partnership by deed of record in Official Record 10853, J-12;
Thence S 82° 52' 54" E, with said common line, a distance of 36.63 feet to a point;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
S 9° 55' 58" E, a distance of 499.61 feet to the point of curvature of a curve to the right; and
Southeastwardly with the arc of said curve (Delta = 8° 48' 19", Radius = 1055.64 feet, Arc Length = 162.23 feet), a chord bearing and distance of S 5° 31' 49" E, 162.07 Point Of Beginning containing 0.535 acre of land, more or less.
The bearings shown hereon are based on the Ohio State Plane Coordinate System, South Zone as per NAD 83.
Resource International Inc., Mark S. Ward P.S. No. S-7514.
6T-2
Easement
0.513 Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Reserve "A", as the same are designated and delineated on the subdivision plat entitled "Chilcote's Ingleside Addition" of record in Plat Book 19, Page 28, and being with that tract of land conveyed to BZ Management Partners by deed of record in Official Record 12124C07, all references are to records of the Franklin County, Ohio Recorder's Office, said 0.513 acre being more particularly described as follows;
Beginning at the southwesterly corner of a tract of land conveyed to Margaret A. Chambers by deed of record in Instrument Number 200308110253610, also being a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Helen M. Corder and Glennis L. Corder by deed of record in Instrument Number 199707020037577;
Thence S 85° 22' 01" W, with said common line, a distance of 32.99 feet to a point on the arc of a curve;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
Northwestwardly with the arc of a curve to the left (Delta = 8° 42' 30", Radius = 1085.64 feet, Arc Length = 165.00 feet), a chord bearing and distance of N 5° 34' 43" W, 164.85 feet to the point of tangency of said curve; and
N 9° 55' 58" W, a distance of 490.41 feet to a point in a line common to the said BZ Management Partners tract and a tract of land conveyed to Annhurst Apartments of Columbus III Limited Partnership by deed of record in Official Record 10853J12;
Thence S 82° 52' 54" E, with said common line, a distance of 36.61 feet to a point;
Thence crossing the said BZ Management Partners tract, the same also being a portion of said Reserve "A", the following courses:
S 9° 55' 58" E, a distance of 479.68 feet to the point of curvature of a curve to the right; and
Southeastwardly with the arc of said curve (Delta = 0° 55' 35", Radius = 1120.64 feet, Arc Length = 18.12 feet), a chord bearing and distance of S 9° 28' 10" E, 18.12 to a point in the northerly line of the said Chambers tract;
Thence S 85° 22' 01" W, with the said northerly line, a distance of 0.78 feet to the northwesterly corner of the said Chambers tract;
Thence S 4° 40' 29" E, with the westerly line of the Chambers tract, the same also being an easterly line of the said BZ Management Partners tract, a distance of 150.00 feet to the Point Of Beginning, containing 0.513 acre of land, more or less.
The bearings shown hereon are based on the Ohio State Plane Coordinate System, South Zone as per NAD 83.
Resource International Inc., Mark S. Ward P.S. No. S-7514.
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, Ohio, hereby declares the value of the subject real property interests to be Thirteen Thousand Two Hundred Seventy Two Dollars ($13,272.00).
Section 4. That the City Attorney be and 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.