header-left
File #: 0134X-2006    Version: 1
Type: Resolution Status: Passed
File created: 7/20/2006 In control: Safety Committee
On agenda: 7/31/2006 Final action: 8/2/2006
Title: To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue 36" Water Main, and to declare an emergency.
Explanation
 
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue 36" Water Main.
 
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 meet the Division of Water's construction schedule.
 
 
Title
 
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue 36" Water Main, and to declare an emergency.
 
 
Body
 
WHEREAS,      the City of Columbus is engaged in the McKinley Avenue 36" Water Main; and,
 
WHEREAS,      an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is immediately necessary to declare the necessity and intent to appropriate permanent and construction 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 and construction easements in, over, under and through the following described real estate necessary for the McKinley Avenue 36" Water Main, Project #690448, 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:
 
DESCRIPTION OF A 0.012 ACRE WATERLINE EASEMENT
LOCATED EAST OF DUBLIN ROAD AND
NORTH OF TRABUE ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
      Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.012 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.012 acre Waterline Easement being more particularly described as follows:
      BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and a 137 acre tract (Parcel C) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, said point also being in the easterly right-of-way line of Dublin Road;
      Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
1.      South 15°09'58" East, a distance of 68.46 feet, to a point;
2.      South 48°06'14" East, a distance of 155.26 feet, to the POINT OF TRUE BEGINNING;
Thence North 86°53'36" East, a distance of 44.83 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
      Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
 
1.      South 41°53'46" West, a distance of 31.70 feet, to a point;
2.      North 48°06'14" West, a distance of 31.70 feet, to the POINT OF TRUE BEGINNING, containing 0.012 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.  
 
      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 stated 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.