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 Britton/Cosgray 16" Water Main Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels 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.
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 Britton/Cosgray 16" 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 Britton/Cosgray 16" Water Main Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0074X-2006, on the 1st day of May, 2006, 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 peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That certain permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Britton/Cosgray 16" Water Main Project, (aka Holly River Ave. 12" Water Main from Janklow Ln. to Hayden Run Rd. & Britton/Cosgray Connector 16" Water Main from Hayden Run Rd. to CSXT Railroad 2005 abbreviation is: Britton/Cosgray 16" Water Main) 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 NO. 1-P
PERPETUAL SUB-SURFACE UTILITY EASEMENT
(Between elevations 920.00 feet and 930.00 feet)
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 3453 of the Virginia Military District and being in that tract conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201 between elevations of 920.00 feet and 930.00 feet (elevations are based on NAVD88) and described as follows:
Beginning at the northeast corner of that 93.195 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200409220221891, the east corner of that 2.268 acre tract conveyed to Dominion Homes, Inc. of record in Instrument Number 200411090257812, a corner to the remainder of that 161.25 acre tract conveyed to Rings Farms, Ltd. of record in Instrument Number 199901050002791, in the west railroad right-of-way line for said New York Central Lines, LLC;
Thence N 39º 15' 59" W, with said west railroad right-of-way line, 47.50 feet;
Thence N 83º 22' 17" E, across said railroad right-of-way, 78.38 feet to the east right-of-way line for said railroad;
Thence S 39º 15' 59" E, with said east railroad right-of-way line, 47.50 feet;
Thence S 83º 22' 17" W, across said railroad right-of-way, 78.38 feet to the Point Of Beginning, containing 0.072 acre, more or less.
All references refer to the records of the Recorder's Office, Franklin County, Ohio.
EMH&T, Inc., John C. Dodgion, P.S. No. 8069, 3/15/05.
Franklin County Tax Parcel No. 010-265640.
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 Two Thousand One Hundred Fifty Dollars ($2,150.00).
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 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.