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 Morse Road 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 commence construction within this year's construction season.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Morse Road Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Morse Road Improvement Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of 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 Morse Road Improvement Project, Project # 530052, 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 28A-WD ( 0.043 Ac.)
(Revised 3-04-04)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of 2.584 acres of land described in a Certificate of Transfer to Anne D. Milano of record in Official Record 33136 B11, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28WD being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at centerline Sta. 105+06.64;
Thence N 84° 52' 20" W with the centerline of Morse Road, a distance of 131.28 feet to a point being at centerline Station 103+75.36;
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 83.11 feet to a point at the southeast corner of said 2.584 acres of land, at the northeast corner of a 0.380 acre tract described in a deed to the City of Columbus, Ohio of record in Deed Book 2655 Page 90, in the northerly right-of-way limits of Morse Road, being 83.11' left of Station 103+75.36 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the southerly line of said 2.584 acres of land, the northerly line of said 0.380 acre tract, the northerly right-of-way limits of Morse Road, a distance of 50.37 feet to an iron pin set, being 81.91' Left of Station 103+25.00;
Thence N 05° 07' 40" E into said 2.584 acres of land, a distance of 38.09 feet to an iron pin set, being 120.00' Left of Station 103+25.00;
Thence S 84° 52' 20" E continuing through said 2.584 acres of land, a distance of 49.66 feet to an iron pin set in the easterly line of said 2.584 acres of land, being 120.00' Left of Station 103+74.66;
Thence S 04° 02' 45" W with the easterly line of said 2.584 acres of land, a distance of 36.90 feet to the True Place of Beginning.
The above described tract contains 0.043 acres of land from Auditor's Parcel # 010-132395.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records.
JAMES P. VILLACRES
Professional Surveyor No. 7912
PARCEL 28A T (0.099 Ac.)
TEMPORARY CONSTRUCTION EASEMENT
(Revised 3-04-04)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of 2.584 acres of land, described in a Certificate of Transfer to Patrick J. Carter of record in Instrument Number 200311190369967, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28A T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at Sta. 105+06.64;
Thence N 84° 04' 55" with the centerline of Morse Road, a distance of 181.64 feet to a point being at centerline Station 103+25.00
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 81.91 feet to an iron pin set in the southerly line of saids lands of Patrick J. Carter, the northerly right-of-way limits of Morse Road, being 81.91 feet left of Station 103+25.00 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the northerly right-of-way limits of Morse Road a distance of 195.04 feet to a point at the southwest corner of said lands of Patrick J. Carter, the southeast corner of a 0.170 acre tract described in a Certificate of Transfer to Patrick J. Carter et. al. of record in Instrument Number 200311190369969; being 77.28' Left of Station 101+30.02;
Thence N 03° 11' 14" E with the westerly line of said lands of Patrick J. Carter and the easterly line of said 0.170 acre tract, a distance of 11.12 feet to a point, being 88.40' Left of Station 101+29.64;
Thence S 86° 35' 08" E into said lands of Patrick J. Carter, a distance of 120.41 feet to a point, being 92.00' Left of Station 102+50.00;
Thence N 05° 07' 40" E continuing through said lands of Patrick J. Carter, a distance of 28.00 feet to a point, being 120.00' Left of Station 102+50.00;
Thence S 84° 52' 20" E continuing through said lands of Patrick J. Carter, a distance of 75.00 feet to an iron pin set, being 120.00' Left of Station 103+25.00;
Thence S 05° 07' 40" W continuing through said lands of Patrick J. Carter, a distance of 38.09 feet to the True Place of Beginning.
The above described tract contains 0.099 acres from Auditor's Parcel # 010-132395.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. JAMES P. VILLACRES, Professional Surveyor No. 7912,
Revised 2/13/04
PARCEL 28 T (0.028 Ac.)
TEMPORARY CONSTRUCTION EASEMENT
(Revised)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of a 0.281 acre tract of land, and a 0.170 acre tract of land, described in Certificates of Transfer to Patrick J. Carter et. al. of record in Instrument numbers 200311190369968 and 200311190369969 respectively, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28 T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at Sta. 105+06.64;
Thence N 84° 04' 55" with the centerline of Morse Road, a distance of 376.62 feet to a point being at centerline Station 101+30.02;
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 77.28 feet to a point at the southeast corner of said 0.170 acre tract, at the southwest corner of 2.584 acres of land described in a Certificate of Transfer to Patrick J. Carter of record in Instrument Number 200311190369967, the northerly right-of-way limits of Morse Road, being 77.28 feet left of Station 101+30.02 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the northerly right-of-way limits of Morse Road a distance of 113.67 feet to a point at the southwest corner of said lands of Patrick J. Carter et. al., the northwest corner of a 0.147 acre tract in a deed described to City of Columbus, Ohio of record in Deed Book 2655, Page 86; being 74.58' Left of Station 100+16.35;
Thence N 03° 04' 55" E with the westerly line of said lands of Patrick J. Carter et. al. and the easterly line of a 0.280 acre tract of land described in a deed to Michael A. Verhage of record in Official Record 008904 A11, a distance of 10.43 feet to a point, being 85.00' Left of Station 100+16.01;
Thence S 86° 35' 08" E through said lands of Patrick J. Carter et. al., a distance of 113.68 feet to a point in the easterly line of said 0.170 acre tract, in the westerly line of said of 2.584 acres of land, being 88.40' Left of Station 101+29.64;
Thence S 03° 11' 14" W with the easterly line of said 0.170 acre tract, the westerly line of said of 2.584 acres of land, a distance of 11.12 feet to the True Place of Beginning.
The above described tract contains 0.028 acres of land (0.025 acres from Auditor's Parcel 010-132394, 0.003 acres from Auditor's Parcel # 010-100696).
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. JAMES P. VILLACRES, Professional Surveyor No. 7912,
Revised 2/13/04
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.