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 Group 10 Miscellaneous Intersection Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999 Voted Street and Highways Fund.
Emergency Justification: is requested to allow right-of-way acquisition-related activities to be resumed by the City Attorney's Office, Real Estate Division, as soon as possible.
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 Group 10 Miscellaneous Intersection Improvement Project, to authorize the expenditure of $500.00 from the 1995, 1999 Voted Street and Highways Fund and to declare an emergency. ($500.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Group 10 Miscellaneous Intersection Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0097X-2006, on the 12th day of June, 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 Public Service Department, Transportation Division, 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 Group 10 Miscellaneous Intersection Improvement Project, #530161, 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
0.007 ACRE DRAINAGE EASEMENT
JAMES V. PEARSON, JR.
Situated in the State of Ohio, County of Franklin, Township of Prairie, and being part of Virginia Military Survey Number 5224, and being part of a 3.111 acre tract of land conveyed to James V. Pearson, Jr. by deed of record in Deed Book 3526, Page 69 and Deed Book 3623, Page 282 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at a railroad spike found in the centerline of Trabue Road, said railroad spike being at the northeast corner of a 1.500 acre tract of land conveyed to Sasquatch Properties, Ltd. by deed of record in Instrument Number 200008240170528 and the northwest corner of a 6.127 acre tract of land conveyed to Columbus Southern Power by deed of record in Official Record Volume 13352, Page H07;
thence South 11 degrees 54 minutes 16 seconds West, leaving the aforementioned centerline, with the westerly property line of said 6.127 acre tract of land and the easterly property line of the said 1.500 acre tract of land, for a distance of 32.79 feet to an iron pin found, said iron pin also being on the southerly existing right of way line of Trabue Road;
thence North 78 degrees 05 minutes 24 seconds East, with the aforementioned existing right of way line, for a distance of 126.21 feet to a point on the grantor's westerly property line and the easterly property line of the said 6.127 acre tract of land, said point being the Point of Beginning of the 0.007 acre drainage easement herein described
thence North 78 degrees 05 minutes 24 seconds East, continuing with the said existing right of way line, for a distance of 57.44 feet to a point;
thence South 11 degrees 54 minutes 36 seconds East, leaving the said existing right of way line, for a distance of 5.00 feet to a point;
thence South 78 degrees 05 minutes 24 seconds West for a distance of 59.78 feet to a point on the said grantor's westerly property line and the said easterly property line of the 6.127 acre tract;
thence North 13 degrees 10 minutes 52 seconds East, with the said property line, for a distance of 5.52 feet to the Point of Beginning.
The above described area is contained with the Franklin County Auditor's Parcel Number 245-266293 Within said boundary is 293.0 square feet or 0.007 acres, more or less.
This description was prepared under the direction and supervision of Paul F. Junk, Registered Surveyor Number 6206, and is based upon a field survey of front R/W pins found, centerline of existing roadway and recorded deed descriptions. The survey is not a complete boundary survey of the properties involved in the Trabue Road Improvements Project. The survey was performed by Columbus Engineering Consultants, Inc. in January 1998.
The bearings in this description are based on the centerline of Trabue Road, being North 78 degrees 05 minutes 24 seconds East, which is based on the State Plane Coordinate System, Ohio South Zone, NAD 83, (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office, occupying Franklin County Geodetic Survey Monuments Wediehl and Grandview. Paul F. Junk, Registered Surveyor No. 6206
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 hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Five Hundred Dollars ($500.00).
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 the expenditure of $500.00, or so much thereof as may be necessary for the Group 10 Miscellaneous Intersection Improvement Project, Project #530161, from the 1995, 1999 Voted Street and Highways Fund, Fund #704, OCA Code 644385, Minor Object Level Three 6601, Auditor Certificate No. 024593, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. 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.