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 Beulah Road Trunk Sewer Rehabilitation Project.
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 commence construction as soon as possible for the benefit of the City.
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 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. 0070X-2006, on the 24th day of April, 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 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 permanent 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:
10P
Situate in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a six and one/half (6 ½ ) foot wide permanent subterranean (subsurface) sanitary sewer easement six and one/half (6 ½ ) foot in height crossing under the railroad right-of-way known as segment "B" transferred to New York Central Lines, LLC by Quitclaim deed of record in Instrument No. 200212180325201, Recorder's Office, Franklin County, Ohio, said segment "B" being shown on Cleveland, Chicago and St. Louis Railroad Valuation Map 32, Sheet 28, said permanent subterranean (subsurface) sanitary sewer easement (located 1447 feet south of mile marker 134.32) being more particularly described as follows:
Beginning for reference at a point being the northeasterly corner of lot no. 41 of Glen Echo Parcels No. 2 of record in Plat Book 12, Page 10, Recorder's Office, Franklin County, Ohio, said reference point also being in the westerly right-of-way line of the said New York Central Lines, LLC thence South 02°47'48" East a distance of 78.44 feet along the easterly lines of said lot no. 41, Glen Echo Parcels No. 2, a ten (10) foot wide walkway and Glen Echo Park and along the westerly right-of-way line of the said New York Central Lines, LLC to a point being the TRUE PLACE OF BEGINNING of the herein described six and one/half (6 ½) foot wide permanent subterranean (subsurface) sanitary sewer easement and being 1454 feet south of mile marker 134.32; thence
North 63°43'00" East a distance of 54.52 feet crossing under the said New York Central Lines, LLC right-of-way to a point in the easterly right-of-way line of the said New York Central Lines, LLC and the westerly right-of-way line of the Pennsylvania Lines, LLC of record in Instrument No. 200212180325195, Recorder's Office, Franklin County, Ohio, said point being located 1433 feet south of mile marker 134.32; thence
South 02°47'48" East a distance of 7.09 feet along the easterly right-of-way line of the said New York Central Lines, LLC and the westerly right-of-way line of the said Pennsylvania Lines, LLC to a point; thence
South 63°43'00" West a distance of 54.52 feet crossing under the said New York Central Lines, LLC right-of-way to a point in the westerly right-of-way line of the said New York Central Lines, LLC and the easterly line of said Glen Echo Park; thence
North 02°47'48" West a distance of 7.09 feet along the westerly right-of-way line of the said New York Central Lines, LLC and the easterly line of said Glen Echo Park to the TRUE PLACE OF BEGINNING, containing a volume of 2303.47 cubic feet, more or less, and the area of the horizontal plane at elevation 800 contains 0.008 acres (354.36 square feet) more or less
New York Central Lines, LLC
The centerline of said easement crosses under the centerline of said New York Central Lines, LLC right-of-way at mile mark 134.59 - station 7106+41 on said Valuation Map 32, Sheet 28.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in June, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 and 2005 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
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 Three Hundred Fifty Five Dollars ($355.00).
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, which 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.