Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Morse Road Reynoldsburg-New Albany Road 36" Water Main Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water, Water Limited Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to continue the City's construction schedule
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Morse Road Reynoldsburg-New Albany Road 36" Water Main 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 the Morse Road Reynoldsburg-New Albany Road 36" Water Main Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 398X-2003, on the 15th day of December, 2003, 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 Water, 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 health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Morse Road Reynoldsburg-New Albany Road 36" Water Main Project, #690431, 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:
3P
DESCRIPTION OF EASEMENT AREA
FOR WATERLINE PURPOSES
Situated in the State of Ohio, County of Franklin, Township of Jefferson, being located in Farm Lot 32, Quarter Township1, Township 1, Range 16, United States Military Lands, being an easement area located in that 17.747 acre tract as described in a deed to Blacklick Company, LTD, of record in Instrument Number 199811040277821, on file in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at Franklin County Survey Monument No. 6610, at the centerline intersection of Morse Road and Kitzmiller Road;
Thence South 86º19'22" East, along the centerline of said Morse Road, and passing a mining spike found at 199.90 feet, 0.18 feet right, a total distance of 200.00 feet to a point at a northwesterly corner of said 17.747 acre tract, and being the TRUE PLACE OF BEGINNING of the easement area herein described:
Thence South 86º19'22" East, along the centerline of said Morse Road, along a northerly line of said 17.747 acre, passing a mining spike found at 179.96 feet, 0.26 feet right, a total of 769.36 feet to a point in the centerline of said Morse Road at a northeasterly corner of said 17.747 acre tract and also at a northwesterly corner of that 28.987 acre tract as conveyed to R. Scott Warner, TR. By deed of record in Instrument Number 199910220266988;
Thence South 03º40'38" West, along a westerly line of said 28.987 acre tract, along an easterly line of said 17.747 acre tract, a distance of 50.00 feet to a point;
Thence crossing said 17.747-acre tract by the following described three (3) courses:
1. North 86º19'22" West, parallel to the centerline of said Morse Road, a distance of 705.04 feet to a point;
2. South 03º40'38", a distance of 20.00 feet to a point;
3. North 86º19'22" West, parallel to the centerline of said Morse Road, a distance of 292.24 feet to a point in the centerline of said Kitzmiller Road in a westerly line of said 17.747 acre tract;
Thence North 25º25'21" East, along the centerline of said Kitzmiller Road, along
a westerly line of said 17.747 acre tract, a distance of 21.53 feet to appoint at a northwesterly corner of said 17.747 acre tract, at a southwesterly corner of that 0.241 acre tract as conveyed to Franklin County Commissioners by deed of record in Official Records Volume 4122D18;
Thence South 86º19'22" East, parallel to the centerline of said Morse Road, along a northerly line of said 17.747 acre tract, along a southerly line of said 0.241 acre tract, a distance of 219.94 feet to a the point at a southeasterly corner of said 0.241 acre tract, and also at a northwesterly corner of said 17.747 acre tract;
Thence North 03º40'38" East, along an easterly line of said 0.241 acre tract, along a westerly line of said 17.747 acre tract a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing an area of 44,233 square feet, of which 23,737 square feet are in the present road right of way.
The bearings shown heron are based on a bearing of South 86º19'22" East along the centerline of Morse Road as established by a field traverse originating on "FCGS 6610" and " FCGS 5341" and are based on the Ohio State Plane Coordinate system, South Zone, and the North American Datum of 1983.
This easement description was prepared by ms consultants inc., under the direction of John L. Price, Registered Professional Surveyor No. 7153 from an actual field survey and records on file in the Recorder's Office, Franklin County, Ohio.
John L. Price Registered Professional Surveyor No. 7159
Section 2. That permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Morse Road Reynoldsburg-New Albany Road 36" Water Main Project, #690431, 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:
4P
DESCRIPTION OF EASEMENT AREA
FOR WATERLINE PURPOSES
Situated in the State of Ohio, County of Franklin, Township of Jefferson, being located in Farm Lot 32, Quarter Township 1, Township 1, Range 16, United States Military Lands, being an easement area located in that 28.987 acre tract as described in a deed to R. Scott Warner, TR., of record in Instrument Number 199910220266988, on file in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at Franklin County Survey Monument No. 5341, at the centerline intersection of Morse Road and Avis Road;
Thence North 86º19'22" West, along the centerline of said Morse Road, a distance of 300.00 feet to a point in the centerline of said Morse Road at a northeasterly corner of said 28.987 acre tract, also at a northwesterly corner of that 6.543 acre tract as conveyed to Vincent R. Yezzi and Craig L. Price by deed of record in Deed Book 3608, Page 129, and being the TRUE POINT OF BEGINNING of the easement area herein described:
Thence South 03º40'38" West, along the westerly line of said 6.543 acre tract, along an easterly line of said 28.987 acre tract, a distance of 50.00 feet to a point;
Thence North 86º19'22" West, crossing said 28.987 acre tract, along a line being parallel to the centerline of Morse Road, a distance of 606.00 feet to a point in the westerly line of said 28.987 acre tract, in the easterly line of that 17.747 acre tract as conveyed to Blacklick Company, Ltd., by deed of record in Instrument umber 199111040277821;
Thence North 03º 40 38" East, along the westerly line of said 28.987 along the easterly line of said 17.747 acre tract, a distance of 50.00 feet to a point in the centerline of said Morse Road at a northwesterly corner of said 28.987 acre tract;
Thence South 86º19'22" East, along the centerline of said Morse Road, along a northerly line of said 28.987 acre tract, a distance of 606.00 feet to the TRUE POINT OF BEGINNING and containing an area of 30,300 square feet, of which 18,180 square feet are in the present road right of way.
The bearings shown hereon are based on a bearing of South 86º19'22" East along the centerline of Morse Road as established by a field traverse originating on "FCGS 6610" and "FCGS 5341" and are based on the Ohio State Plane Coordinate System, South Zone, and the North American Datum of 1983.
This easement description was prepared by ms consultants inc., under the direction of John L. Price, Registered Professional Surveyor No. 7159 from an actual field survey and records on the file in the recorders on file in the Recorder's Office, Franklin County, Ohio.
John L. Price, Registered Professional Surveyor No. 7159
6P
DESCRIPTION OF EASEMENT AREA FOR WATERLINE PURPOSES
Situated in the State of Ohio, County of Franklin, Township of Jefferson, being located in Lot, 17, Quarter Township1, Township 1, Range 16, United States Military Lands, being an easement area located in that 47.535 acre tract as described in a deed to R. Scott Warner, TR., of record in Instrument Number 199910220266987, on file in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at Franklin County Survey Monument No. 5341 at the centerline intersection of Morse Road and Avis Road, also being a northwesterly corner of said 47.535 tract, and also being a northeasterly corner of that 6.543 acre tract as conveyed to Vincent R. Yezzi and Craig L. Price by deed of record in Deed Book 3608 Page 129, and being the TRUE POINT OF BEGINNING of the easement area herein described:
Thence South 86º20'18" East, along the centerline of said Morse Road, along a northerly line of said 47.535 acre tract, a distance of 127.97 feet to a point;
Thence crossing said 47.535-acre tract by the following two (2) courses;
(1) South 48º39'11" West, a distance of 70.70 feet to a point;
(2) North 86º20'18" West, parallel to the centerline of said Morse Road, a distance of 78.00 feet to a point in a westerly line of said 47.535 acre tract and also in a easterly line of said 6.543 acre tract;
Thence North 03º40'38" East, along an easterly line of said 6.543 acre tract, along a westerly line of said 47.534 acre tract, a distance of 50.00 feet to the TRUE POINT OF BEGINNING and containing an area of 5,149 square feet, of which 3,389 square feet are in the present road right of way.
The bearings shown hereon are based on a bearing of South 86º20'18" east, along the centerline of Morse Road as established by a field traverse originating on "FCGS 5341" and "FCGS 6612" and are based on the Ohio State Plane Coordinate System South Zone, and the North American Datum of 1983.
The easement description was prepared by ms consultants, inc., under the direction of John L. Price, Registered Professional Surveyor No. 7159 from an actual field survey and records on file in the Recorder's Office, Franklin County, Ohio.
John L. Price Registered Professional Surveyor No.7159
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said permanent easements as follows:
1. 3P $8,635.00
2. 4P, 6P $5,870.00
Section 5. That the City Attorney be and he 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 6. 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.