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File #: 0097X-2006    Version: 1
Type: Resolution Status: Passed
File created: 5/24/2006 In control: Safety Committee
On agenda: 6/12/2006 Final action: 6/14/2006
Title: To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the 10 Miscellaneous Intersection Improvement 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 Group 10 Miscellaneous Intersection Improvement 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, in order to meet the Department Public Service's acquisition time line.
 
Title
 
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the 10 Miscellaneous Intersection Improvement Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the 10 Miscellaneous Intersection Improvement Project; and
 
WHEREAS,      an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, 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 10 Miscellaneous Intersection Improvement Project, Project #530161, 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:
 
1P
0.018 ACRE DRAINAGE EASEMENT
SASQUATCH PROPERTIES, LTD.
      Situated in the State of Ohio, County of Franklin, Township of Prairie, and being part of Virginia Military Survey Number 5224, and being part of a 1.500 acre tract of land conveyed to Sasquatch Properties, Ltd. by deed of record in Instrument Number 200008240170528 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
      Commencing at a railroad spike found in the centerline of Trabue Road, said railroad spike being at the northeast corner of the grantor's tract and the northwest corner of a 6.127 acre tract of land conveyed to Columbus Southern Power by deed of record in Official Record Volume 13352, Page H07;
      thence South 11 degrees 54 minutes 16 seconds West, leaving the aforementioned centerline and with the Grantor's easterly property line and the westerly property line of the said 6.127 acre tract of land, for a distance of 32.79 feet to an iron pin found, said iron pin also being on the southerly existing right of way line of Trabue Road and being the Point of Beginning of the 0.018 acre drainage easement herein described
      thence South 11 degrees 54 minutes 16 seconds West, continuing with the said property line, for a distance 5.47 feet to a point;
      thence South 78 degrees 05 minutes 24 seconds West, leaving the said property line, for a distance of 159.78 feet to a point on the easterly existing right of way line of Walcutt Road;
      thence North 45 degrees 41 minutes 58 seconds East, with the aforementioned existing right of way line, for a distance of 9.33 feet to an iron pin found on the said southerly existing right of way line of Trabue Road;
      thence North 78 degrees 05 minutes 24 seconds East, with the said existing right of way line of Trabue Road, for a distance of 154.11 feet to the Point of Beginning.
      The above described area is contained with the Franklin County Auditor's Parcel Number 560-252905.  Within said boundary is 784.7 square feet or 0.018 acres, more or less, and is subject to all rights-of-way, easements, and restrictions of record.
      This description was prepared under the direction and supervision of Paul F. Junk, Registered Surveyor Number 6206, and is based upon a field survey of front R/W pins found, centerline of existing roadway and recorded deed descriptions.  The survey is not a complete boundary survey of the properties involved in the Trabue Road Improvements Project.  The survey was performed by Columbus Engineering Consultants, Inc. in January 1998.
      The bearings in this description are based on the centerline of Trabue Road, being North 78 degrees 05 minutes 24 seconds East, which is based on the State Plane Coordinate System, Ohio South Zone, NAD 83, (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office, occupying Franklin County Geodetic Survey Monuments Wediehl and Grandview.      Paul F. Junk, Registered Surveyor No. 6206
                                                            
 
 
 
2P
0.014 ACRE DRAINAGE EASEMENT
COLUMBUS SOUTHERN POWER
 
      Situated in the State of Ohio, County of Franklin, Township of Prairie, and being part of Virginia Military Survey Number 5224, and being part of a 6.127 acre tract of land conveyed to Columbus Southern Power by deed of record in Official Record Volume 13352, H07 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
      Commencing at a railroad spike found in the centerline of Trabue Road, said railroad spike being at the northwest corner of the grantor's tract and the northeast corner of a 1.500 acre tract of land conveyed to Sasquatch Properties, Ltd. by deed of record in Instrument Number 200008240170528;
      thence South 11 degrees 54 minutes 16 seconds West, leaving the aforementioned centerline and with the Grantor's westerly property line and the easterly property line of the said 1.500 acre tract of land, for a distance of 32.79 feet to an iron pin found, said iron pin also being on the southerly existing right of way line of Trabue Road and being the Point of Beginning of the 0.014 acre drainage easement herein described
      thence North 78 degrees 05 minutes 24 seconds East, with the aforementioned existing right of way line, for a distance of 126.21 feet to a point on the grantor's easterly property line and the westerly property line of a 3.111 acre tract of land conveyed to James V. Pearson, Jr. by deed of record in Deed Book 3526, Page 69 and Deed Book 3623, Page 282;
      thence South 13 degrees 10 minutes 52 seconds West, leaving the said existing right of way line and with the aforementioned property line, for a distance 5.52 feet to a point;
      thence South 78 degrees 05 minutes 24 seconds West, leaving the said property line, for a distance of 126.08 feet to a point on the said grantor's westerly property line and the said easterly property line of the 1.500 acre tract;
      thence North 11 degrees 54 minutes 16 seconds East, with the said property line, for a distance of 5.47 feet to the Point of Beginning.
      The above described area is contained with the Franklin County Auditor's Parcel Number 241-000012  Within said boundary is 630.7 square feet or 0.014 acres, more or less, and is subject to all rights-of-way, easements, and restrictions of record.
      This description was prepared under the direction and supervision of Paul F. Junk, Registered Surveyor Number 6206, and is based upon a field survey of front R/W pins found, centerline of existing roadway and recorded deed descriptions.  The survey is not a complete boundary survey of the properties involved in the Trabue Road Improvements Project.  The survey was performed by Columbus Engineering Consultants, Inc. in January 1998.
      The bearings in this description are based on the centerline of Trabue Road, being North 78 degrees 05 minutes 24 seconds East, which is based on the State Plane Coordinate System, Ohio South Zone, NAD 83, (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office, occupying Franklin County Geodetic Survey Monuments Wediehl and Grandview. Paul F. Junk, Registered Surveyor No. 6206
 
 
3P
0.007 ACRE DRAINAGE EASEMENT
JAMES V. PEARSON, JR.
 
      Situated in the State of Ohio, County of Franklin, Township of Prairie, and being part of Virginia Military Survey Number 5224, and being part of a 3.111 acre tract of land conveyed to James V. Pearson, Jr. by deed of record in Deed Book 3526, Page 69 and Deed Book 3623, Page 282 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
      Commencing at a railroad spike found in the centerline of Trabue Road, said railroad spike being at the northeast corner of a 1.500 acre tract of land conveyed to Sasquatch Properties, Ltd. by deed of record in Instrument Number 200008240170528 and the northwest corner of a 6.127 acre tract of land conveyed to Columbus Southern Power by deed of record in Official Record Volume 13352, Page H07;
      thence South 11 degrees 54 minutes 16 seconds West, leaving the aforementioned centerline, with the westerly property line of said 6.127 acre tract of land and the easterly property line of the said 1.500 acre tract of land, for a distance of 32.79 feet to an iron pin found, said iron pin also being on the southerly existing right of way line of Trabue Road;
      thence North 78 degrees 05 minutes 24 seconds East, with the aforementioned existing right of way line, for a distance of 126.21 feet to a point on the grantor's westerly property line and the easterly property line of the said 6.127 acre tract of land, said point being the Point of Beginning of the 0.007 acre drainage easement herein described
      thence North 78 degrees 05 minutes 24 seconds East, continuing with the said existing right of way line, for a distance of 57.44 feet to a point;
      thence South 11 degrees 54 minutes 36 seconds East, leaving the said existing right of way line, for a distance of 5.00 feet to a point;
      thence South 78 degrees 05 minutes 24 seconds West for a distance of 59.78 feet to a point on the said grantor's westerly property line and the said easterly property line of the 6.127 acre tract;
      thence North 13 degrees 10 minutes 52 seconds East, with the said property line, for a distance of 5.52 feet to the Point of Beginning.
      The above described area is contained with the Franklin County Auditor's Parcel Number 245-266293  Within said boundary is 293.0 square feet or 0.007 acres, more or less, and is subject to all rights-of-way, easements, and restrictions of record.
      This description was prepared under the direction and supervision of Paul F. Junk, Registered Surveyor Number 6206, and is based upon a field survey of front R/W pins found, centerline of existing roadway and recorded deed descriptions.  The survey is not a complete boundary survey of the properties involved in the Trabue Road Improvements Project.  The survey was performed by Columbus Engineering Consultants, Inc. in January 1998.
      The bearings in this description are based on the centerline of Trabue Road, being North 78 degrees 05 minutes 24 seconds East, which is based on the State Plane Coordinate System, Ohio South Zone, NAD 83, (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office, occupying Franklin County Geodetic Survey Monuments Wediehl and Grandview. Paul F. Junk, Registered Surveyor No. 6206
 
 
PARCEL WD-4
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
GRANTOR:  KEELER FAMILTY LIMITED PARTNERSHIP
GRANTEE:  CITY OF COLUMBUS, OHIO
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, located in Virginia Military Survey Number 5224, being part of a 10.682 (deed) acre tract of land conveyed to Keeler Family Limited Partnership by deed of record in Instrument Number 199707110045692 (further shown and delineated upon Exhibit 'B' attached hereto and made a part hereof), and being more particularly described as follows:
      Commencing at Franklin County Geodetic Survey Monument 7742 found at an angle point in the centerline of Trabue Road (variable width) at the southeasterly corner of a 5.00 acre tract of land conveyed to ACA Real Estate, LTD. by deed of record in Instrument Number 200309300312373;
      Thence South 78 degrees 05 minutes 24 seconds West, along the centerline of the said Trabue Road, passing a railroad spike found at 369.29 feet, a total distance of 731.85 feet to a point;
      Thence North 11 degrees 54 minutes 36 seconds West, leaving the said centerline of Trabue Road,  a distance of 40.00 feet to a point at the intersection of the northerly existing right-of-way line of the said Trabue Road and the easterly existing right-of-way line of Walcutt Road (variable width) at the southwesterly corner of the said 10.682 acre tract and at a corner of the 1.397 acre tract of land conveyed to the City of Columbus by deed of record in Deed Book 3329, Page 265 (at 40.00 feet left of centerline station 24+11.95), said point being the Point of Beginning of the herein described parcel;
      Thence North 12 degrees 27 minutes 24 seconds East, along the said easterly existing right-of-way line of Walcutt Road and the easterly line of the said 1.397 acre tract, a distance of 33.53 feet to a pin set (at 70.79 feet left of centerline station 34+25.04);
      Thence South 53 degrees 35 minutes 46 seconds East, leaving the said easterly existing right-of-way line, through the said 10.682 acre tract of land, and along the proposed right-of-way line, a distance of 40.90 feet to a pin set in the said northerly existing right-of-way line of Trabue Road and in the northerly line of the said 1.397 acre tract (at 40.00 feet left of centerline station 34+52.98);
      Thence South 78 degrees 05 minutes 24 seconds West, along the said northerly existing right-of-way line and the northerly line of said 1.397 acre tract, a distance of 41.03 feet to the Point of Beginning.
      Containing 0.014 acre, more or less, within Franklin County Auditor's Parcel Number 560-104456.
      All references herein being to records in the Recorder's Office, Franklin County, Ohio.
      The bearings for this description are based on the Ohio State Plane Coordinate System, Ohio South Zone, NAD 1983 (1986 adjustment) a bearing of South 78 degrees 05 minutes 24 seconds West was established along the centerline of Trabue Road, and all other bearings calculated from this meridian.
      All pins set are 3/4 inch inner diameter steel pipe, 30 inches long, with a plastic cap stamped "CEC, INC".
      Daniel J. Hornyak, Surveyor Number 7963
 
 
      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.