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 Urban Infrastructure Recovery Fund - Cleveland Avenue and 11th Avenue Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the adoption of this resolution prior to the City Councils year-end recession to allow acquisition of the parcels necessary for this project to proceed without delay.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Urban Infrastructure Recovery Fund - Cleveland Avenue and 11th Avenue Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Urban Infrastructure Recovery Fund - Cleveland Avenue and 11th Avenue Project; and
WHEREAS, an emergency exists in the usual daily operation of the 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 Urban Infrastructure Recovery Fund - Cleveland Avenue and 11th Avenue Project, Project # 440005, 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:
Description of a 0.034 Acre Tract
Situate in the State of Ohio, County of Franklin, City of Columbus and being a part of Lot 5 as numbered and delineated upon the plat of Miller's Cleveland Terrace, recorded in Plat Book 13, Page 19, as further described as a 1.233 acre tract in a Quit Claim Deed to NLR Group, LTD, an Ohio limited liability company, of record in Instrument Number 200305080136454, all references to records are on file in the Recorder's Office, Franklin County, Ohio, said 0.034 acre tract being more particularly bounded and described as follows:
Commencing for reference at an iron pin found in a monument box located at the intersection of the centerline of Cleveland Avenue and the centerline of Eleventh Avenue as it is projected westerly;
Thence North 39° 14 '02" East, along the centerline of Cleveland Avenue, a distance of 44.11 feet to the northerly right-of-way line of Eleventh Avenue extended westerly (passing the centerline of Eleventh A venue as it is projected easterly at a distance of 16.55 feet);
Thence South 75°40'22" East, along the said northerly right-of-way line of Eleventh Avenue extended westerly, a distance of 33.08 feet to the easterly right-of-way line of Cleveland Avenue, being the southwesterly corner of the said Lot 5, being also the True Place of Beginning for the herein described 0.034 acre tract;
Thence North 39°14'02" East, along the easterly right-of-way line of Cleveland Avenue, along the westerly line of the said Lot 5, a distance of 55 .00 feet to a point, witness to an iron pin found and used in the easterly right-of-way of Cleveland Avenue, bearing North 39°14'02" East, 67.76 feet;
Thence South 22°07'00" East, crossing the said Lot 5, a distance of 62.0 1 feet to a point in the northerly right-of-way line of Eleventh Avenue, being in the southerly line of the said Lot 5, witness to an iron pin found and used at the southeasterly comer of the said Lot 5, bearing South 75°40'22" East, 98.10 feet;
Thence North 75°40'22" West, along the northerly right-of-way line of Eleventh Avenue, along the southerly line of the said Lot 5, a distance of 60.00 feet to the True Place of Beginning.
The above-described tract contains 1496 square feet (0.034 acre) from Auditor's Parcel number 010-052658.
The bearings described herein are based on the bearing North 39°14'02" East for the centerline of Cleveland Avenue as described in a Quit Claim Deed to NRL Group, LTD, an Ohio limited liability company, of record in Instrument Number 200305080136454, on record at the Recorder's Office, Franklin County, Ohio.
The above description was prepared by MS Consultants, Inc. from an actual field survey under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159.
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1, Range 18, United States Military Lands, being a 66 square foot area out of that Lot No. 159 as delineated on the plat of "Abram Dow's Amended Plat of A. Dow, et al, Centennial Park Place Addition", filed July 14, 1890, of record in Plat Book 4, Page 313 and being further described in a deed to Crosstown Building, LLC, filed October 17,2000, of record in Instrument Number 2000 10170211276, all references to records are on file in the Recorder's Office, Franklin County, Ohio, said 66 square foot area being more particularly bounded and described as follows:
Commencing for reference at a 1" iron pin found (with no cap) in a monument box located at the intersection of the centerline of Cleveland Avenue and the centerline of Eleventh Avenue as it is projected westerly;
Thence South 38°48'24" West, along the centerline of Cleveland Avenue, a distance of 102.10 feet;
Thence North 51011 '36" West, along a line being perpendicular to the centerline of said Cleveland Avenue, passing the westerly right-of-way line of Cleveland Avenue at a distance of 25.00 feet, a total distance of29.06 feet to a drill hole set in the southerly line of said Lot 159, the northerly line of Lot 160, as delineated on said Abram Dow's Amended Plat, and being described in a deed to the City of Columbus, filed July 8,1999, of record in Instrument Number 199907080173538, being at the southwesterly corner of that tract as described in a deed to the City of Columbus, filed February 9, 1917, of record in Deed Book 602, Page 20, at the northwesterly comer of that tract as described in a deed to the City of Columbus, filed-February 9, 1917, of record in Deed Book 602, Page 22, and being the True Place of Beginning of the 66 square foot area herein described:
Thence North 86°57' 12" West, along the southerly line of said Lot 159, the northerly line of said Lot 160, a distance of 6.13 feet to the southeasterly corner of the two story brick building with an address of 1393 Cleveland Avenue;
Thence North 01 °32'03" West, along the easterly face of said two story brick building, a distance of 16.14 feet to an angle point in the easterly face of said two story brick building;
Thence North 29019'27" West, continuing along the easterly face of said two story brick building, a distance of 11.28 feet to an intersection of the easterly face 0f said two story brick building with the southwesterly line of a tract of land as described in a deed to the City of Columbus, filed October 9, 1917, of record in Deed Book 620, Page 425;
Thence South 45°44'43" East, leaving said easterly face of said two story brick building, along the southwesterly line of said tract of land as described in a deed to the City of Columbus, of record in Deed Book 620, Page 425, a distance of2.09 feet to a drill hole set at the northwesterly corner of said tract as described in a deed to the City of Columbus, of record in Deed Book 602, Page 20;
Thence South 29° 19'27" East, along the westerly line of said tract as described in a deed to the City of Columbus, of record in Deed Book 602, Page 20, a distance of 13.04 feet to a drill hole set at an angle point in the westerly line of said tract as described in a deed to the City of Columbus, of record in Deed Book 602, Page 20;
Thence South 17° 18'27" East, continuing along the westerly line of said tract as described in a deed to the City of Columbus, of record in Deed Book 602, Page 20, a distance of 14.11 feet to the True Place of Beginning and containing an area of 66 square feet (0.0015 acre) from Auditor's Parcel Number 010-006690.
The basis of bearings for this description are based on a bearing of South 38°48'24" West on the centerline of Cleveland Avenue and is based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983.
The above description was prepared by ms consultants, inc. from an actual field survey of the premises under the direct supervision of John L. Price, Registered Professional Surveyor No. 7159.
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