Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Idlewild Drive Storm Sewer Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Voted Storm Sewer Bonds Fund.
Emergency Justification: Emergency action is requested to allow the immediate filing of the complaints for the appropriation and subsequent acquisition of the subject parcels listed in the body of this ordinance.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Idlewild Drive Storm Sewer 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 Idlewild Drive Storm Sewer Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0116X-2007, on the 30th day of July, 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 and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Idlewild Drive Storm Sewer Project, #610973, 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. 64T
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of Lot 215 of Idlewild, Manor, and recorded in Plat Book 15, Page 18 owned by John D. and Jennifer L. White and referenced in Official Record 33249-F06, all references being to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the southeast comer of Lot 215 at the intersection of the westerly right of way line of Idlewild Drive with the northerly right of way line of Astor Avenue and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along said northerly right of way line, North 85°55'26" West 10.00 feet to a point;
Thence crossing said lot, North 03°45'00" East 10.00 feet to a point;
Thence crossing said lot, South 85"55' 26" East 1 0.00 feet to the westerly right of way line of Idlewild Drive;
Thence along said right of way line, South 03°45'00" West 10.00 feet to the TRUE POINT OF BEGINNING and containing 0.002 acres (100.00 square feet).
The above take is from Auditor's Parcel Number 550-156032, which contains 0.259 acres.
Section 2. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Idlewild Drive Storm Sewer Project, #610973, 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. 66T
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of Lot 18 of Idlewild Manor Extension, and recorded in Plat Book 20, Page 15 owned by Hattie Harshaw and referenced in Instrument Number 200510310228420, all references being to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing for reference at the southwest comer of Lot 18 and on the east right of way line of Manor Drive;
Thence along the easterly line of said right of way, North 03°45'25" East 19.00 feet to a TRUE POINT of BEGINNING;
Thence centering along said right of way line, North 03°45'25" East 15.00 feet to a point;
Thence South 86° 17' 16" East 10.00 feet to a point;
Thence Soutb 03°45'25" West 15.00 feet to a point;
Thence North 86°17' 16" West 10.00 feet to a TRUE POINT OF BEGINNING and containing 0.003 acre (150.00 square feet).
The above take is from Auditor's Parcel Number 550-156158, which contains 0.193 acres.
Section 3. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Idlewild Drive Storm Sewer Project, #610973, 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. 67T
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of Lots 14 and 15 of Idlewild Manor Extension, and recorded in Plat Book 20, Page 15 owned by Floyd Allen and Wilda Jean Kuhn and referenced in Deed Book 3541, Page 725, all references being to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the northwest comer of Lot 14 on the west right of way line of Manor Drive and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along the northerly line of said lot, South 86°22' 19" East 10.00 feet to a point;
Thence crossing said lots 14 and 15, South 3°45'25" West 60.00 feet to a point;
Thence crossing said lots, North 86°22'19" West 10.00 feet to the westerly right of way line of Manor Drive;
Thence along said right of way line, North 3°45'25" East 60.00 feet to the TRUE POINT OF BEGINNING and containing 0.014 acres (600 Square Feet).
The above take is from Auditor's Parcel Number 550-156155, which contains 0.320 acres.
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said construction and permanent easements as follows:
1. 64T $820.00
2. 66T $830.00
3. 67T $2,820.00
Section 5. 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 6. 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.