Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the Beulah Road Trunk Sewer Rehabilitation 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 for the immediately acquisition of the subject parcels in order to stay within the Department of Public Utilities acquisition time line.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the Beulah Road Trunk Sewer Rehabilitation 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 Beulah Road Trunk Sewer Rehabilitation Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0136X-2007, on the 24th day of September, 2007, 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 construction easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Beulah Road Trunk Sewer Rehabilitation Project, # 650625, 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:
16T (1 of 3)
Temporary Easement
Beulah Road Trunk Sewer Rehabilitation (C.I.P. 650625)
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a temporary easement "B" across part of the tract of land conveyed to Tony Sekulovski and Theodore Nedelkoff by deed of record in Instrument No. 199710160120606, (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said tract being the reserve in Kinnear Place as shown in Plat Book 17, Page 22-23, said temporary easement "B" being more particularly described as follows:
Beginning for Reference at a point being the northeasterly corner of said Sekulovski tract also being the southeasterly corner of a tract of land conveyed to Mary K. Tampone by Instrument No. 199712290176389 (Kinnear Place Drive Vacated by C.O.C. Ordinance No. 2432-97), thence along the east line of said Sekulovski tract, also being the west line of a tract of land conveyed to the Board of Education of Columbus City School District by Deed Volume 660, Page 102, South 8E50'35" East a distance of 47.39 feet to the True Point of Beginning;
Thence continuing along said Board of Education line, South 8E50'35" East, a distance of 20.68 feet to a point;
Thence leaving said Board of Education line, and with a new line across said Sekulovski tract, South 66E22'30" West, a distance of 14.57 feet to a point in the East line of an existing Permanent Easement of record in Deed Book 3210, Page 96;
Thence with the East line of said Permanent Easement, North 10E08'32" West a distance of 11.44 feet to a point;
Thence with the North line of said Permanent Easement, South 78E37'31" West a distance of 41.81 feet to a point in the South line of a Permanent Sewer Easement of record in Volume 882, Page 276;
Thence with the South line of said Permanent Sewer Easement, North 66°22'30" East a distance of 58.04 feet to the place of beginning, containing 0.011 acres (486.83 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in July, 2007 by James A. Stafa, Professional Surveyor 7968 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio.
A drawing of the above description known as exhibit "B" is attached hereto and made a part hereof.
Grantor claims title by Instrument No. 199710160120606, Recorder's Office, Franklin County, Ohio.
The intent of this temporary easement is for construction and access purposes.
DLZ Ohio, Inc.
By:___________________________________________________
James A. Stafa, P.S. 7968 Date: August 2, 2007
16T (2of 3)
Temporary Easement
Beulah Road Trunk Sewer Rehabilitation (C.I.P. 650625)
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a temporary easement "A" across part of the tract of land conveyed to Tony Sekulovski and Theodore Nedelkoff by deed of record in Instrument No. 199710160120606, (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said tract being the reserve in Kinnear Place as shown in Plat Book 17, Page 22-23, said temporary easement "A" being more particularly described as follows:
Beginning for Reference at a point being the northeasterly corner of said Sekulovski tract also being the southeasterly corner of a tract of land conveyed to Mary K. Tampone by Instrument No. 199712290176389 (Kinnear Place Drive Vacated by C.O.C. Ordinance No. 2432-97), thence along the east line of said Sekulovski tract, also being west line of a tract of land conveyed to the Board of Education of Columbus City School District by Deed Volume 660, Page 102, South 8E50'35" East a distance of 16.37 feet to the True Point of Beginning;
Thence continuing along said Board of Education line, South 8E50'35" East, a distance of 20.68 feet to a point in the north line of a 10' Permanent Sanitary Sewer Easement of record in Volume 882, Page 276;
Thence with the north line of said Permanent Sanitary Sewer Easement, South 66E22'10" West a distance of 27.73 feet to a point;
Thence with the East line of an existing Permanent Easement of record in Deed Book 3210, Page 96, North 71°22'29" West a distance of 29.75 feet to a point;
Thence with a new line across said Sekulovski tract, North 66E22'30" East, a distance of 55.03 feet to the place of beginning, containing 0.019 acres (827.67 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in July, 2007 by James A. Stafa, Professional Surveyor 7968 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio.
A drawing of the above description known as exhibit "B" is attached hereto and made a part hereof.
Grantor claims title by Instrument No. 199710160120606, Recorder's Office, Franklin County, Ohio.
The intent of this temporary easement is for construction and access purposes.
DLZ Ohio, Inc.
By____________________________________________________
James A. Stafa, P.S. 7968 Date: August 2, 2007
16T
(3 of 3)
Temporary Easement
Beulah Road Trunk Sewer Rehabilitation (C.I.P. 650625)
From: Tony Sekulovski and Theodore Nedelkoff
Columbus, Ohio
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a temporary easement across part of the tract of land conveyed to Tony Sekulovski and Theodore Nedelkoff by deed of record in Instrument No. 199710160120606, (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said tract being the reserve in Kinnear Place as shown in Plat Book 17, Page 22-23, said temporary easement being more particularly described as follows:
Beginning for Reference at a point being the northwesterly corner of said Sekulovski tract also being the intersection of the east line of High Street and the south line of Kinnear Place Drive; thence along the northerly line of said Sekulovski tract, also the southerly right-of-way line of said Kinnear Place Drive North 82E03'20" East, a distance of 156.83 feet to the True Point of Beginning;
Thence along the south line of Kinnear Place Drive, North 82E03'20" East a distance of 40.95 feet to a point;
Thence across said Sekulovski tract, South 0E06'09" West a distance of 70.47 feet to a point in the north line of a 10' Permanent Sanitary Sewer Easement of record in Volume 882, Page 276;
Thence with the north line of said Permanent Sanitary Sewer Easement, South 78E46'55" West a distance of 41.68 feet to a point;
Thence across said Sekulovski tract, North 0°21'21" East a distance of 72.92 feet to the place of beginning, containing 0.067 acres (2917.42 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in July, 2007 by James A. Stafa, Professional Surveyor 7968 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio.
A drawing of the above description known as exhibit "B" is attached hereto and made a part hereof.
Grantor claims title by Instrument No. 199710160120606, Recorder's Office, Franklin County, Ohio.
The intent of this temporary easement is for construction and access purposes.
DLZ Ohio, Inc.
By:___________________________________________________
James A. Stafa, P.S. 7968 Date: August 2, 2007
Section 2. 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 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Six Thousand Four Hundred Eighty One Dollars ($6,481.00).
Section 4. 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 5. That for the reasons stated in the preamble hereto, 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.