Explanation
Background: The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Sidewalk Easement at Sunbury & Stelzer Roads Project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action is requested to the immediately begin the process of Eminent Domain thus allowing for the sidewalk construction schedule to be maintained.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Sidewalk Easement at Sunbury & Stelzer Roads Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Sidewalk Easement at Sunbury & Stelzer Roads Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate permanent easements in, over, under and through 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 permanent easements in, over, under and through the following described real estate necessary for the Sidewalk Easement at Sunbury & Stelzer Roads Project, Project #540007, 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:
Situated in the State of Ohio, County of Franklin, City of Columbus, Being located in Quarter Township 3 Township 2, Range 17, United States Military Lands and being part of the tract of land as conveyed to AERC Bradford, Inc by deed of record in Instrument Number 199911240293088 , Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Commencing for reference at an iron pin in the Easterly right-of-way line of Sunbury Road at the northwesterly corner of the tract of land as conveyed to Joyce Avenue Church of God by deed of record in Official Record 05688l03, said iron pin also being the southeasterly corner of that 0.711 acre tract as conveyed to the City of Columbus by deed of record in Official Record 21443C19:
Thence North 47°18'53" East a distance of 400.02 feet along the easterly line of the 0.711 acre tract also being the right-of-way line for Sunbury Road to a point also being a point of curvature for the southerly right-of-way line for Stelzer Road and the TRUE point of beginning;
Thence southeasterly along the arc of said curve (Delta =23°34'11", Radius = 20.00 feet) a cord bearing and distance of North 59°2'8" East a distance of 8.08 feet to a point being on the southerly right-of-way line for Stelzer Road and the existing sidewalk easement;
Thence South 43°22'2" East a distance of 12.52 feet along the southerly line of said sidewalk easement to a point;
Thence North 77°18'21" West a distance of 17.20 feet to a point on the easterly right-of-way line for Sunbury Road;
Thence North 47°18'53" East a distance of 1.71 feet along the easterly line of said 0.711 acre tract also being the right-of-way line for Sunbury Road to a point also being a point of curvature for the southerly right-of-way line for Stelzer Road and the TRUE point of beginning and containing .001 acres, more or less;
The Basis of Bearing for this description is the centerline of Morse Road west of Stelzer Road, being North 86°14'49" West as shown of record in Official Record 24271G08, Recorder's Office, Franklin County, Ohio.
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.