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 Sunbury Road 12" WL 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 declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Sunbury Road 12" WL Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Sunbury Road 12" WL Improvement 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 Sunbury Road 12" WL Improvement Project, Project #690468, 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
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 1 North, Range 17 West, United States Military Lands and being an easement thirty (30) feet in width for waterline purposes through a portion of a 1.828 acre tract of land conveyed to James T. & Jean E. Wilson by deed of record in Deed Book 3344, Page 174, all references to the Recorder's Office, Franklin County, Ohio, said easement bounded and described as follows:
Beginning at a point in a north line of said 1.828 acre tract, in the south line of a 2.971 acre tract of land conveyed as Parcel 3 to Frances V. Bailey by deed of record in Official Record 3765, Page B 01 and in the westerly right-of-way line of Sunbury Road (60 feet in width) said point being N 75° 11' 32" W a distance of 30.01 feet from a point in the centerline of Sunbury Road, at a northeast corner of said 1.828 acre tract and at the southeast corner of said 2.971 acre tract;
Thence S 16° 08' 28" W crossing a portion of said 1.828 are tract and along the westerly right-of-way line of Sunbury Road a distance of 55.90 feet to a point at the intersection of the westerly right-of-way line of Sunbury Road with the northeasterly right-of-way line of Mock Road (60 feet in width);
Thence N 49° 16' 23" W crossing a portion of said 1.828 acre tract and along a portion of the northeasterly right-of-way line of Mock Road a distance of 32.99 feet to a point;
Thence N 16° 08' 28" E crossing a portion of said 1.828 acre tract and parallel with and thirty (30) feet westerly by perpendicular measurement from the westerly right-of-way line of Sunbury Road a distance of 41.48 feet to a point in a north line of said 1.828 acre tract and in the south line of said 2.971 acre tract;
Thence S 75° 11' 32" E along a portion of a north line of said 1.828 acre tract and along a portion of the south line of said 2.971 acre tract a distance of 30.01 feet to the place of beginning;
Containing 1,461 square feet (=0.034 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio from best available Court House research in January, 2003. Basis of bearings are based on the azimuth of 305° 44' 58" between Franklin County Monuments Nos. "Frank 64" and "Frank 164", and all other bearings are based upon this meridian. Kevin L. Baxter, Ohio Surveyor #7697.
PARCEL 2P
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 1 North, Range 17 West, United States Military Lands and being an easement thirty (30) feet in width for waterline purposes through a portion of a 2.971 acre tract of land conveyed as Parcel 3 to Frances V. Bailey by deed of record in Official Record 3765, Page B 01, all references to the Recorder's Office, Franklin County, Ohio, said easement bounded and described as follows:
Beginning at a point in the south line of said 2.971 acre tract, in the westerly right-of-way line of Sunbury Road (60 feet in width) and in a north line of a 1.828 acre tract of land conveyed to James T. & Jean E. Wilson by deed of record in Deed Book 3344, Page 174, said point being N 75° 11' 32" W a distance of 30.01 feet from a point in the centerline of Sunbury Road, at the southeast corner of said 2.971 acre tract and at a southeast corner of said 2.971 acre tract and at a northeast corner of said 1.828 acre tract;
Thence N 75° 11' 32" W along a portion of the south line of said 2.971 acre tract and along a potion of a north line of said 1.828 acre tract a distance of 30.01 feet to a point;
Thence N 16° 08' 28" E crossing a portion of said 2.971 acre tract and parallel with and thirty (30) feet westerly by perpendicular measurement from the westerly right-of-way line of Sunbury Road a distance of 119.93 feet to a point;
Thence N 61° 08' 28" E crossing a portion of said 2.971 acre tract a distance of 42.43 feet to a point in the westerly right-of-way line of Sunbury Road;
Thence S 16° 08' 28" W crossing a portion of said 2.971 acre tract and along the westerly right-of-way line of Sunbury Road a distance of 149.23 feet to the place of beginning;
Containing 4,037 square feet (=0.093 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio from best available Court House research in January, 2003. Basis of bearings are based on the azimuth of 305° 44' 58" between Franklin County Monuments Nos. "Frank 64" and "Frank 164", and all other bearings are based upon this meridian. Kevin L. Baxter, Ohio Surveyor #7697.
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.