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File #: 0056X-2005    Version: 1
Type: Resolution Status: Passed
File created: 3/29/2005 In control: Safety Committee
On agenda: 4/18/2005 Final action: 4/20/2005
Title: To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Hard Road Phase C Project, and to declare an emergency.
Explanation
 
Background:
 
     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 Hard Road Phase C Project.
 
Fiscal Impact:
 
    N/A
 
 
Emergency Justification:
 
     Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to the project.
 
 
Title
 
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Hard Road Phase C Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Hard Road Phase C Project; and
 
WHEREAS,      an emergency exists in the usual daily operation of the Department of Public Service, Division of Transportation, 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 Hard Road Phase C Project, Project # 561101, 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 141WD-1 (revised 3-29-05)
FRA-CR61-4.34
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
      Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 1, Township 2 North, Range 19 West, United States Military Lands, lying on the south side of Hard Road (County Route 61) west of Linworth Road County Route (County Route 63) and being part
of a parcel of land, conveyed to John C. Antrim, Tr. and Elsie J. Antrim-Dildine, Tr. by Instrument Number 199709170095435 of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Beginning for Reference at Franklin County Geodetic Survey monument 2234 found and to be reset upon completion of construction, at the centerline intersection of Hard Road (Station 190+16.42) and the easterly right-of-way line of CSX Railroad, as delineated on the Centerline Plat prepared by URS Corporation for improvement to Hard Road Phase B, on record in the Franklin County Engineer's Office; thence S 87º 18' 14" E, along the centerline of said Hard Road, a distance of 3924.76 feet to Station 229+41.18; thence S 02º 41' 46" W,  a distance of 40.00 feet to a point, being 40.00 feet left of Station 229+41.18, and the TRUE POINT OF BEGINNING;
      Thence S 87º 18' 14" E, along Grantor's northerly line and the existing Hard Road southerly right-of-way line, a distance of 380.15 feet to an iron pin set, being 40.00 feet right of centerline Station 233+21.33;
      Thence S 87º 29' 45" W, through the Grantor's property, a distance of 143.59 feet to an iron pin set on a point of curvature, said pin being 53.01 feet right of centerline Station 231+78.33;
      Thence 154.02 feet, through the Grantor's property and along the arc of a curve to the right having a radius of 1697.02 feet, a delta angle of 05º 12' 01", and a chord which bears N 89º 54' 15" W, 153.97 feet, to an iron pin set on the point of tangency, said pin being 60.00 feet right of centerline Station 230+24.51;
      Thence N 73º 48' 30" W, through the Grantor's property, a distance of 85.70 feet to an iron pin set in the Grantor's northerly line and the existing Hard Road southerly right-of-way line, being 40.00 feet right of centerline Station 229+41.18; and the TRUE POINT OF BEGINNING;
      Containing 0.103 acres of land, more or less, of which the present road occupies 0.000 acres, more or less.  This take is from Franklin County Auditor's Parcel 610-104961.
      Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment).  The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin
County Engineer's Office was used.  This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
      Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
      The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on March 14, 2005, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
      Jay A. Muether                          Date
Ohio Registered Surveyor S-7091
 
 
PARCEL 193CH (revised 3-29-05)
FRA-CR61-4.34
PERPETUAL EASEMENT TO CONSTRUCT AND MAINTAIN A CHANNEL
      Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of State Route 315, north of Mason Place, and being part of the part of the property conveyed to John W. Hill Jr. by Instrument Number 199710160121104, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Beginning for Reference at a point at the Grantor's northeast corner and the southeast corner of property conveyed to See Smiley Properties, LLC by Instrument Number 200312010381807, said point being 50.90 feet left of centerline construction State Route 315 Station 123+53.73 and on the westerly right-of-way line of State Route 315, said point also being the TRUE POINT OF BEGINNING;
      Thence S 17º 30' 20" E, along the Grantor's easterly line and the State Route 315 westerly right-of-way line, a distance of 15.00 feet to a point being 51.14 feet left of centerline construction State Route 315 Station 123+38.96;
      Thence S 70º 48' 11" W, a distance of 19.60 feet, through the Grantor's property, to a point being 70.73 feet left of centerline construction State Route 315 Station 123+38.75;
      Thence N 17º 30' 20" W, through the Grantor's property, a distance of 15.00 feet, to a point on the Grantor's northerly property line and on the southerly property line of the aforementioned See Smiley property, said point being 70.49 feet left of said centerline construction Station 123+53.44;
      Thence N 70º 48' 11" E, a distance of 19.60 feet, along the Grantor's northerly property line and the southerly property line of the See Smiley property, to the TRUE POINT OF BEGINNING;
      Containing 0.007 acres of land, more or less, of which the present road occupies 0.000 acres, more or less.  This take is from Franklin County Auditor's Parcel 610-101451.
      Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment).  The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin
County Engineer's Office was used.  This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
      Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
      The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
      Jay A. Muether                                       Date
Ohio Registered Surveyor S-7091
 
 
PARCEL 193T (revised 3-29-05)
FRA-CR61-4.34
TEMPORARY EASEMENT
      Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of State Route 315, north of Mason Place, and being part of the part of the property conveyed to John W. Hill Jr. by Instrument Number 199710160121104, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Beginning for Reference at a point at the Grantor's southeast corner and the northeast corner of property conveyed to Ravines at Worthingridge Condominium I Homeowner's Association, by Official Record 4931 H12, said point being 56.86 feet left of centerline construction State Route 315 Station 121+77.53 and on the westerly right-of-way line of State Route 315, said point also being the TRUE POINT OF BEGINNING;
      Thence N 76º 13' 01" W, along the Grantor's southerly line and the northerly line of said Condominium property, a distance of 22.92 feet, to a point being 75.96 feet left of centerline construction State Route 315 Station 121+80.21;
      Thence N 17º 30' 23" W, through the Grantor's property, a distance of 150.15 feet, to a point being 70.73 feet left of said centerline construction Station 123+38.75;
      Thence N 70º 48' 11" E, a distance of 19.60 feet, through the Grantor's property, to a point on the Grantor's east property line and the State Route 315 westerly right-of-way line, being 51.14 feet left of said centerline construction Station 123+38.96;
      Thence S 17º 30' 20" E, along the Grantor's easterly line and the State Route 315 westerly right-of-way line, a distance of 162.63 feet, to the Grantor's southeast corner and the TRUE POINT OF BEGINNING;
      Containing 0.070 acres of land, more or less, of which the present road occupies 0.000 acres, more or less.  This take is from Franklin County Auditor's Parcel 610-101451.
      Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment).  The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin
County Engineer's Office was used.  This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
      Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
      The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on March 14, 2005 from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
Jay A. Muether                                                                                           Date
Ohio Registered Surveyor S-7091
 
 
      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.