Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Big Walnut/Rickenbacker Sanitary Interceptor Sewer Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage.
Emergency Justification: Emergency action is requested to allow acquisition activities to begin as soon as possible in order to maintain the division project time line.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Big Walnut/Rickenbacker Sanitary Interceptor Sewer Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for theBig Walnut/Rickenbacker Sanitary Interceptor Sewer Project, # 650491; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0009X-2008, on the 4th day of February 2008, and Resolution No. 0018X-2009 on 6th day of April, 2009 declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Big Walnut/Rickenbacker Sanitary Interceptor Sewer Project, #650491, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
PARCEL 3A-P
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being across that 69.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17581 C14 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, in the southerly line of that 42.936 acre tract as conveyed to Columbus and Southern Ohio Electric Company by deed of record in Deed Book 3268, Page 641, at a point 11.28 feet right of station 568+91.80, as shown on a plat of survey by the Jennings-Lawrence Co. of the Columbus Feeder of the Ohio and Erie Canal performed for the State of Ohio in 1926 and 1927;
thence North 62° 52' 51" West, with said southerly line, a distance of 156.37 feet to a point;
thence South 27° 07' 09" West, across said 69.738 acre tract, a distance of 37.69 feet to a point in the southerly right-of-way line of Rowe Road, the TRUE POINT OF BEGINNING;
thence South 60° 58' 53" East, with the southerly right-of-way line of Rowe Road, a distance of 446.37 feet to a point;
thence South 59° 12' 53" East, continuing with said southerly right-of-way line, a distance of 233.96 feet to a point;
thence across Grantor's tract, the following courses and distances:
South 30° 47' 07" West, a distance of 30.00 feet to a point;
North 59° 12' 53" West, a distance of 233.50 feet to a point;
North 60° 58' 53" West, a distance of 445.91 feet to a point; and
North 29° 01' 07" East, a distance of 30.00 feet to the TRUE POINT OF BEGINNING, and containing 0.468 acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances.
EVANS, MECHWART, HAMBLETON, & TILTON, INC., James M. Pearsall, Registered Surveyor No. 7840
PARCEL 3B-T
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being across that 69.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17581 C14 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, in the southerly line of that 42.936 acre tract as conveyed to Columbus and Southern Ohio Electric Company by deed of record in Deed Book 3268, Page 641, at a point 11.28 feet right of station 568+91.80, as shown on a plat of survey by the Jennings-Lawrence Co. of the Columbus Feeder of the Ohio and Erie Canal performed for the State of Ohio in 1926 and 1927;
thence North 62° 52' 51" West, with said southerly line, a distance of 156.37 feet to a point;
thence South 27° 07' 09" West, across said 69.738 acre tract, a distance of 37.69 feet to a point;
thence South 27° 01' 07" West, across said 69.738 acre tract, a distance of 30.00 feet to a point;
thence South 27° 01' 07" West, across said 69.738 acre tract, a distance of 207.33 feet to the TRUE POINT OF BEGINNING;
thence continuing across Grantor's tract, the following courses and distances:
South 60° 58' 53" East, a distance of 100.00 feet to a point;
South 29° 01' 07" West, a distance of 50.00 feet to a point;
North 60° 58' 53" West, a distance of 100.00 feet to a point; and
North 29° 01' 07" East, a distance of 50.00 feet to the TRUE POINT OF BEGINNING, and containing 0.115 acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances. EVANS, MECHWART, HAMBLETON, & TILTON, INC. , James M. Pearsall, Registered Surveyor No. 7840
PARCEL 3C-P
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being across that 69.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17581 C14 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
BEGINNING at the intersection of the easterly line of said 69.738 acre tract with the southerly right-of-way line of Rowe Road;
thence South 63° 44' 07" West, with said easterly line, a distance of 36.23 feet to a point on a curve;
thence across said 69.738 acre tract, with the arc of said curve to the left, having a central angle of 08° 09' 47", a radius of 1170.00 feet, an arc length of 166.69 feet, and a chord bearing North 47° 38' 40" West, a chord distance of 166.55 feet to a point in the southerly right-of-way line of said Rowe Road;
thence South 59° 12' 53" East, with said southerly right-of-way line, a distance of 94.90 feet to a point;
thence South 57° 15' 33" East, continuing with said southerly right-of-way line, a distance of 88.03 feet to the POINT OF BEGINNING, and containing 0.060 acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances. EVANS, MECHWART, HAMBLETON, & TILTON, INC. James M. Pearsall Registered Surveyor No. 7840
Section 2. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Big Walnut/Rickenbacker Sanitary Interceptor Sewer Project, #650491, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
PARCEL 4A-P
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being on, over, and across those 10.712 and 249.67 acre tracts conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11, (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, in the westerly line of that 1.146 acre tract conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11, at a common corner of said 10.712 and 249.67 acre tracts;
thence North 86° 37' 53" West, with the common line between said 10.712 and 249.67 acre tracts, a distance of 230.63 feet to the TRUE POINT OF BEGINNING;
thence across said 249.67 acre tract, with the arc of a curve to the right, having a central angle of 13° 45' 53", a radius of 1230.00 feet, an arc length of 295.50 feet, a chord bearing and distance of South 27° 22' 36" East, 294.79 feet to a point on the northerly line of the 7.6128 acre tract conveyed to Village of Lockbourne by deed of record in Official Record 6800J08;
thence South 55° 50' 35" West, with said northerly line, a distance of 61.84 feet to a point;
thence across said 10.712 and 249.67 acre tracts, the following courses and distances:
with the arc of a curve to the left, having a central angle of 17° 30' 01", a radius of 1170.00 feet, an arc length of 357.36 feet, a chord bearing and distance of North 28° 31' 44" West, 355.97 feet to a point;
North 37° 16' 45" West, a distance of 476.42 feet to a point of curvature to the left; and
with the arc of said curve, having a central angle of 06° 18' 14", a radius of 1170.00 feet, an arc length of 128.73 feet, a chord bearing and distance of North 40° 25' 52" West, 128.66 feet to a point on the westerly line of said 10.712 acre tract;
thence North 63° 44' 07" East, with said westerly line, a distance of 19.14 feet to a point in the southerly right-of-way line of Rowe Road;
thence with the southerly right-of-way line of Rowe Road, the following courses and distances:
South 57° 15' 53" East, a distance of 122.01 feet to a point; and
South 59° 03' 53" East, a distance of 17.75 feet to a point;
thence across said 10.712 acre tract, the following courses and distances:
South 37° 16' 45" East, a distance of 470.09 feet to a point of curvature to the right; and
with the arc of said curve, having a central angle of 03° 01' 12", a radius of 1230.00 feet, an arc length of 64.83 feet, a chord bearing and distance of South 35° 46' 09" East, 64.82 feet to the TRUE POINT OF BEGINNING and containing 1.256 acres of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances. EVANS, MECHWART, HAMBLETON, & TILTON, INC.
James M. Pearsall Registered Surveyor No. 7840JMP
PARCEL 4B-T
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being on, over, and across that 10.712 and 249.67 acre tracts conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, in the westerly line of that 1.146 acre tract conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11, at a common corner of said 10.712 and 249.67 acre tracts;
thence North 86° 37' 53" West, with the common line between said 10.712 and 249.67 acre tracts, a distance of 307.58 feet to the TRUE POINT OF BEGINNING;
thence across said 249.67 acre tract, the following courses and distances:
with the arc of a curve to the right, having a central angle of 03° 00' 09", a radius of 1170.00 feet, an arc length of 61.31 feet, a chord bearing and distance of South 35° 03' 32" East, 61.31 feet to a point;
South 52° 43' 15" West, a distance of 57.53 feet to a point;
thence North 37° 16' 45" West, across said 10.712 and 249.67 acre tracts, a distance of 500.00 feet to a point;
thence across said 10.712 acre tract, the following courses and distances:
North 52° 43' 15" East, a distance of 60.00 feet to a point;
South 37° 16' 45" East, a distance of 424.06 feet to a point of curvature to the right; and
with the arc of said curve, having a central angle of 00° 43' 08", a radius of 1170.00 feet, an arc length of 14.68 feet, a chord bearing and distance of South 36° 55' 11" East, 14.68 feet to the TRUE POINT OF BEGINNING and containing 0.687 acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances. EVANS, MECHWART, HAMBLETON, & TILTON, INC.
James M. Pearsall Registered Surveyor No. 7840
PARCEL 4C-T
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Sections 10 and 11, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being on, over, and across those 10.712 and 1.146 acre tracts conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11, (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING in the westerly line of said 1.146 acre tract, at a common corner of said 10.712 acre tract and that 249.67 acre tract conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg, Trustee by deed of record in Official Record 17465 I11;
thence North 86° 37' 53" West, with the common line between said 10.712 and 249.67 acre tracts, a distance of 230.63 feet to a point on a curve;
thence across said 10.712 acre tract, the following courses and distances:
with the arc of said curve to the left, having a central angle of 03° 01' 12", a radius of 1230.00 feet, an arc length of 64.83 feet, a chord bearing and distance of North 35° 46' 09" West, 64.82 feet to a point;
North 37° 16' 45" West, a distance of 470.09 feet to a point on the southerly right-of-way line of Rowe Road;
thence South 59° 03' 53" East, with said southerly right-of-way line, a distance of 215.56 feet to a point;
thence across said 10.712 acre tract, the following courses and distances:
South 37° 16' 45" East, a distance of 251.12 feet to a point; and
North 47° 07' 36" East, a distance of 97.05 feet to a point on the southerly right-of-way line of Rowe Road;
thence South 59° 03' 53" East, with said southerly right-of-way line, a distance of 427.38 feet to a point on the easterly line of said 1.146 acre tract;
thence South 55° 22' 01" West, with said easterly line, a distance of 283.73 feet to a point on the easterly line of said 249.67 acre tract;
thence North 03° 35' 07" East, with said easterly line, a distance of 185.72 feet to the POINT OF BEGINNING and containing 2.232 acres of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances. EVANS, MECHWART, HAMBLETON, & TILTON, INC. James M. Pearsall Registered Surveyor No. 7840
Section 3. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Big Walnut/Rickenbacker Sanitary Interceptor Sewer Project, #650491, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
PARCEL 8A
(Temporary)
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being across that 162.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Joanne A. Legg by deed of reference in Official Record 17465 I07, (except as noted, all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument FCGS 9926 found at a northwesterly corner of that 68.31 acre tract as conveyed to William L. Bolender by deed of record in Official Record 167, Page 779, Recorder's Office, Pickaway County, Ohio, being the intersection of the centerline of Lockbourne Road with the line common to Franklin and Pickaway Counties;
thence South 86° 28' 45" East, across the right-of-way of said Lockbourne Road, and with said county line, a distance of 30.00 feet to a point in the easterly right-of-way line of said Lockbourne Road, being the TRUE POINT OF BEGINNING;
thence North 03° 35' 07" East, with said easterly right-of-way line, a distance of 478.82 feet to a point;
thence across Grantor's tract, the following courses and distances:
South 86° 28' 45" East, a distance of 33.00 feet to a point;
South 03° 35' 07" West, a distance of 478.82 feet to a point in the northerly line of said 68.31 acre tract, being said county line;
thence North 86° 28' 45" West, with said northerly line, and with said county line, a distance of 33.00 feet to the TRUE POINT OF BEGINNING, and containing 0.363 acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71° 52' 56" W. Distances shown hereon are ground distances.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
James M. Pearsall
Registered Surveyor No. 7840
8B
(FEE TAKE)
0.344 ACRES
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 11, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being part of that 162.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Angell Properties 2, LLC by deed of record in Instrument Number 200712110212408, (except as noted, all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument FCGS 9926 found at the common corner of said Section 11 and Sections 10, 14 and 15 of said Township and Range, a northwesterly corner of that 68.31 acre tract as conveyed to William L. Bolender by deed of record in Official Record 167, Page 779, Recorder's Office, Pickaway County, Ohio, being the intersection of the centerline of Lockbourne Road with the line common to Franklin and Pickaway Counties;
thence South 86° 28' 06" East, across the right-of-way of said Lockbourne Road, and with said county line, and the line common to said Sections 11 and 14, a distance of 30.00 feet to an iron pin set at the TRUE POINT OF BEGINNING;
thence North 03° 35' 07" East, with said easterly right-of-way line, a distance of 100.00 feet to an iron pin set;
thence across said 162.738 acre tract, the following courses and distances:
South 86° 28' 06" East, a distance of 150.00 feet to an iron pin set;
South 03° 35' 07" West, a distance of 100.00 feet to an iron pin set in the northerly line of said 68.31 acre tract, being said county and section line, said iron pin set being North 86° 28' 45" West, a distance of 2428.60 feet, with said county and section line, from Franklin County Geodetic Survey Monument FCGS 2222;
thence North 86° 28' 06" West, with said northerly line, and with said county and section line, a distance of 150.00 feet to the TRUE POINT OF BEGINNING, and containing 0.344 acre of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Parcel 8C
(Temporary Easement)
0.170 acre
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being part of that 162.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Angell Properties 2, LLC by deed of record in Instrument Number 200712110212408, (except as noted, all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument FCGS 9926 found at a northwesterly corner of that 68.31 acre tract as conveyed to William L. Bolender by deed of record in Official Record, 167, Page779, Recorder's Office, Pickaway County, Ohio, being the intersection of the centerline of Lockbourne Road with the line common to Franklin and Pickaway Counties.
thence North 03˚ East, with said centerline, a distance of 100.03 feet, to a point.
thence South 86˚ East, across the right of way of said Lockbourne Road and Grantor's tract, a distance of 45.00 feet to the TRUE POINT OF BEGINNING;
thence across Grantor's tract, the following courses and distances:
North 03˚ East, a distance of 55.00 feet to a point;
South 86˚ East, a distance of 135.00 feet to a point;
South 03˚ West, a distance of 55.00 feet to a point;
North 86˚ West, a distance of 135.00 feet to the TRUE POINT OF BEGINNING, and containing 0.170 acre of land, more or less.
Section 4. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
Section 5. That the Council of the City of Columbus hereby fixes the value of said fee simple title and lesser interests as follows:
1. 3A; 3B; 3C $4,400.00
2. 4A; 4B; 4C $16,235.00
3. 8A; 8B; 8C $8,129.00
Section 6. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
Section 7. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.