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 Midland and Eakin Stormwater System Improvement.
Fiscal Impact: The Department of Public Utilities, Division of Sewers and Drainage, has determined funding for this project will be from the Storm Sewers Bond Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for the aforementioned project to proceed without delay thereby allowing this project to move forward.
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 Midland and Eakin Stormwater System Improvement, 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 Midland and Eakin Stormwater System Improvement; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0142X-2006 on the 11th day of September, 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Midland and Eakin Stormwater System Improvement Project, # Project 610734, 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:
5T
Hafey Enterprises
Situated in the City of Columbus, the County of Franklin and in the State of Ohio and being a fifteen feet wide temporary easement on the Hafey Enterprises 3.819 Acre Tract (Original 6.68 Acres) of record in Instrument 200009010177240 of the Recorder's records, Franklin County, Ohio and said fifteen feet wide temporary easement being more particularly described as follows:
Beginning, for reference, at the southeasterly corner of Woodbrook Lane as shown on the Dedication of Woodbrook Lane and Easements plat of record in Plat Book 35, page 45 of said Recorder's records, the same being the southwesterly corner of the remainder of the Hafey Enterprises original 6.68 acre tract;
thence North 13°32'11" East 100.00 feet, in the easterly right-of-way line of said Woodbrook Lane, to the Place of Beginning of the herein described temporary easement;
thence, continuing, North 13°32'11" East 232.20 feet, in the easterly right-of-way of Woodbrook Lane, to a point;
thence South 76°27'49" East 15.00 feet, to a point;
thence South 13°32'11" West 232.20 feet, to a point;
thence North 76°27'49" West 15.00 feet, to the Place of Beginning and containing 0.080 acres, more or less.
This description is based on a field survey in October, 2004 by Gary L. Elswick, Registered Surveyor #6395. Bearings are based on GPS observations and are NAD83, 1986 adjustment. Gary L. Elswick, Registered Surveyor #6395
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 Four hundred Eighty Three Dollars ($2,483.00).
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, 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.