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 McKinley Avenue 36' Water Main Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water, Water Works Enlargement Voted 1991 Bonds Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to meet the Division of Water's construction schedule.
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 McKinley Avenue 36' 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 McKinley Avenue 36' Water Main Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0080X-2006, on the 22nd day of May, 2006 and Resolution No. 0134X-2006, on the 31st day of July, 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the McKinley Avenue 36' Water Main Project, #690448, 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:
2T
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.048 acre Temporary Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.048 acre Temporary Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Then North 48°06'14" West, a distance of 57.96 feet, along the easterly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence North 48°06'14" West, a distance of 14.14 feet, continuing along the easterly right-of-way line of said Dublin Road, to a point;
Thence North 03°06'24" West, a distance of 50.82 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way line of said Dublin Road:
1. North 41°53'46" East, a distance of 4.07 feet, to a point;
2. North 48°06'14" West, a distance of 4.07 feet, to a point;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 03°06'24" West, a distance of 22.25 feet, to a point;
2. North 48°06'24" West, a distance of 36.18 feet, to a point;
3. South 86°53'36" West, a distance of 22.24 feet, to a point in the easterly right-of-way line of said Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way line of said Dublin Road:
1. North 48°06'14" West, a distance of 8.29 feet, to a point;
2. South 41°53'46" West, a distance of 8.30 feet, to a point;
Thence South 86°53'36" West, a distance of 44.83 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
Thence North 48°06'14" West, a distance of 14.14 feet, along the easterly right-of-way line of said Dublin Road;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 86°53'36" East, a distance of 92.95 feet, to a point;
2. South 48°06'24" East, a distance of 44.46 feet, to a point;
3. South 03°06'24" East, a distance of 92.96 feet, to the POINT OF TRUE BEGINNING, containing 0.048 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
Jeffrey D. Hofius ,Registered Surveyor No. S-7455
2P-1
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.015 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.015 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Thence North 48°06'14" West, a distance of 72.10 feet, along the easterly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
1. North 48°06'14" West, a distance of 35.94 feet, to a point;
2. North 41°53'46" East, a distance of 35.93 feet, to a point;
Thence South 03°06'24" East, a distance of 50.82 feet, over and across said 2.409 acre tract, to the POINT OF TRUE BEGINNING, containing 0.015 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC. Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
2P-2
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.019 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.019 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Thence the following three (3) courses and distances along the easterly right-of-way lines of said Dublin Road:
3. North 48°06'14" West, a distance of 108.04 feet, to a point;
4. North 41°53'46" East, a distance of 40.00 feet, to a point;
5. North 48°06'14" West, a distance of 4.07 feet, to the POINT OF TRUE BEGINNING;
Thence North 48°06'14" West, a distance of 67.64 feet, continuing along the easterly right-of-way line of said Dublin Road, to a point;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 86°53'36" East, a distance of 22.24 feet, to a point;
2. South 48°06'24" East, a distance of 36.18 feet, to a point;
3. South 03°06'24" East, a distance of 22.25 feet, to the POINT OF TRUE BEGINNING, containing 0.019 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83. Jeffrey D. Hofius
2P-3
DESCRIPTION OF A 0.012 ACRE WATERLINE EASEMENT
LOCATED EAST OF DUBLIN ROAD AND
NORTH OF TRABUE ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.012 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.012 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and a 137 acre tract (Parcel C) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, said point also being in the easterly right-of-way line of Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
1. South 15°09'58" East, a distance of 68.46 feet, to a point;
2. South 48°06'14" East, a distance of 155.26 feet, to the POINT OF TRUE BEGINNING;
Thence North 86°53'36" East, a distance of 44.83 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
1. South 41°53'46" West, a distance of 31.70 feet, to a point;
2. North 48°06'14" West, a distance of 31.70 feet, to the POINT OF TRUE BEGINNING, containing 0.012 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
2P-4
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey 547, and being a 0.131 acre Waterline Easement that lies over and across a 24.743 acre tract (Parcel R) and part of a 20.316 acre tract (Parcel S) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office Franklin County, Ohio, said 0.131 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point at the centerline intersection of Dublin Road and Dunlavin-Glen Road;
Thence North 67°19'16" East, a distance of 133.19 feet, along the centerline of said Dublin Road, to a point;
Thence South 22°40'44" East, a distance of 40.00 feet, over and across said Dublin Road, to a point in the southerly right-of-way line of said Dublin Road, said point also being the POINT OF TRUE BEGINNING;
Thence the following two (2) courses and distances along the southerly right-of-way line of said Dublin Road:
1. North 67°19'16" East, a distance of 261.64 feet, to a point;.
2. North 78°39'54" East, a distance of 91.51 feet, to a point;
Thence South 67°19'16" West, a distance of 374.74 feet, over and across said 24.743 acre tract and said 20.316 acre tract, to a point in the southerly right-of-way line of said Dublin Road;
Thence North 29°43'28" East, a distance of 29.50 feet, along the southerly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING, containing 0.131 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83, Jeffrey D. Hofius, Registered Surveyor No. S-7455
Surveyor No. S-7455
2P-5
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey 547, and being a 0.071 acre Waterline Easement that lies over and across a 11.21 acre tract (Parcel Q) and part of a 1.172 acre tract (Parcel O) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office Franklin County, Ohio, said 0.071 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 1.172 acre tract and a 24.743 acre tract (Parcel R) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, said point also being in the southerly right-of-way line of said Dublin Road;
Thence North 56°44'53" East, a distance of 127.71 feet, along the southerly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence North 56°44'53" East, a distance of 173.54 feet, continuing along the southerly right-of-way line of said Dublin Road, to a point;
Thence the following three (3) courses and distances over and across said 11.21 acre tract and said 1.172 acre tract:
1. South 28°39'31" West, a distance of 57.34 feet, to a point;
2. South 56°44'53" West, a distance of 56.58 feet, to a point;
3. South 78°53'03" West, a distance of 71.65 feet, to the POINT OF TRUE BEGINNING, containing 0.071 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83., R.D. ZANDE & ASSOCIATES, INC.
Jeffrey D. Hofius , Surv. #. S-7455
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 Seven Thousand Seven Hundred Forty Dollars ($7,740.00).
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.