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File #: 0048X-2007    Version: 1
Type: Resolution Status: Passed
File created: 4/3/2007 In control: Judiciary And Court Administration Committee
On agenda: 4/16/2007 Final action: 4/19/2007
Title: To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Morse Road Improvement Phase II Project, and to declare an emergency.
Explanation
 
Background:   
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Morse Road Improvement Phase II Project.
 
 
Fiscal Impact:
 
    N/A
 
Emergency Justification: Emergency action is requested to allow the Real Estate Division to continue acquisition of the necessary right-of-way without delay so the City can proceed with the installation of the proposed improvements and upgrades as currently scheduled.
 
 
Title
 
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Morse Road Improvement Phase II Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Morse Road Improvement Phase II Project; and,
 
WHEREAS,      an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate permanent easements in, over, under and through the hereinbefore described real estate necessary for the aforementioned project so that there will be no delay in the project thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
 
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That this Council hereby declares the necessity and intent to appropriate permanent easements in, over, under and through the following described real estate necessary for the Morse Road Improvement Phase II Project, Project # 530052 (f.k.a. 650052), pursuant to and in accordance with the Charter of the City of Columbus, Columbus City Code (1959) Revised, Chapter 909, the Constitution of the State of Ohio and Ohio Revised Code, Chapter 719; to-wit:
 
PARCEL 44 U1
(0.037)
MORSE ROAD
PERMANENT AERIAL UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands, and being part of a 0.953 acre tract described in a deed to Revco Discount Drug Centers, Inc., of record in Instrument Number 199706090017802, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road, unless otherwise noted, prepared by MS Consultants, Inc. for the City of Columbus, said Parcel 44 U 1 being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road and Cleveland Avenue found in a monument box at centerline Sta. 180+49.60 for Morse Road and Station 60+00.00 for Cleveland Avenue;
Thence S 85° 50' 18" E with the centerline of Morse Road, a distance of 322.31 feet to a point being at centerline Station 183+71.91;
Thence S 04° 09' 42" W leaving the centerline of Morse Road at a right angle, a distance of 67.00 feet to a point in the east line of said 0.953 acre tract, in the westerly line of a 0.1629 acre tract described in a deed to NGOC Van Bui, of record in Official Record 34368J15, being 67.00' Right of Station 183+71.91 and being the True Place of Beginning for the parcel described herein;
Thence through said 0.953 acre tract with the following five (5) courses and distances;
N 88°14'21 'W, a distance of 237.63 feet to a point of curvature, being 76.95' Right of Station 181+34.49;
along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 88° 01' 56", an arc distance of 30.73 feet to a point of tangency, said arc being subtended by chord bearing S 47°44'41"W, a chord distance of 27.79 feet, being 97.09' Right of Station 181+15.33;
N 86°33' 29" W, a distance of 11.00 feet to a point, being 97.23' Right of Station 181 +04.33;
along the arc of a curve to the right, having a radius of 30.00 feet, a central angle of 90° 25' 59", an arc distance of 47.35 feet to an iron pin set, said arc being subtended by chord bearing N 48°56'43" E, a chord distance of 42.59 feet, being 67.00' Right of Station 181+34.33;
S 85°50' 18" E, a distance of 237.58 feet to the True Place of Beginning.
The above-described tract contains 0.037 acres of land from Auditor's Parcel # 010238696.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth" and "Clark 1928 1982", located along Karl Road, south of Morse Road. The bearing between these monuments is S 0° 39' 58" W. This description was prepared by MS Consultants, Inc. from an actual field survey (2002) and existing records.
 
 
PARCEL 44 U2
(O.026 AC)
MORSE ROAD PERMANENT UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 2, Township 1, Range 17, United States Military Lands, and being part of a 0.953 acre tract described in a deed to Revco Discount Drug Centers, Inc., of record in Instrument Number 199706090017802, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline. of survey and construction of Morse Road, unless otherwise noted, prepared by ms consultants, inc. for the City of Columbus, said Parcel 44 U2 being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road and Cleveland Avenue found in a monument box at centerline Sta. 180+49.60 for Morse Road and Station 60+00.00 for Cleveland Avenue;
Thence S 85° 50' 18" E with the centerline of Morse Road, a distance of 84.73 feet to a point being at centerline Station 181 +34.33;
Thence S 04° 09' 42" W leaving the centerline of Morse Road at a right angle, a distance of 67.00 feet to an iron pin set in the proposed southerly right-of-way line of Morse Road, being 67.00' Right of Station 181+34.33 and being the True Place of Beginning for the parcel described herein;
Thence through said 0.953 acre tract with the following nine (9) courses and distances;
S 3°13'52'W, a distance of 9.96 feet to a point, being 76.95' Right of Station 181 +34.49;
along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 88° 01' 56", an arc distance of 30.73 feet to a point of tangency, said arc being subtended by chord bearing S 47°44'41"W, a chord distance of 27.79 feet, being 97.09' Right of Station 181+15.33;
 
S 03° 43' 43" W, a distance of 52.42 feet to a point, being 65.00' Right of Cleveland Ave. Station 58+50.00;
N 86°16'15'W, a distance of 15.00 feet to a point, being 50.00' Right of Cleveland Ave. Station 58+50.00;
N 03° 43' 43" E along the westerly line of said 0.953 acre tract, a distance of 40.00 feet to a point being 109.62' Right of Station 181+00.43;
S 86° 16' 15" E, a distance of 4.00 feet to a point, being 109.59' Right of Station 181+04.43;
N 03° 43' 43" E, a distance of 12.36 feet to a point, being 97.23' Right of Station 181+04.33;
along the arc of a curve to the right, having a radius of 30.00 feet, a central angle of 90° 25' 59", an arc distance of 47.35 feet to the True Place of Beginning; said arc being subtended by chord bearing N 48°56'43" E, a chord distance of 42.59 feet.
The above-described tract contains 0.026 acres of land from Auditor's Parcel # 010238696.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
The bearings for this description are based on the Ohio State Plane Coordinate System. South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth" and "Clark 1928 1982", located along Karl Road, south of Morse Road. The bearing between these monuments is S 0° 39' 58" W. This description was prepared by MS Consultants, Inc. from an actual field survey (2.002) and existing records.
 
 
 
      Section 2.      That the City Attorney be and hereby is authorized to cause a written notice of the adoption of this resolution to be served upon the owners, persons in possession of or persons having a real or possible interest of record in the above described premises in the manner provided by law.
 
      Section 3.      That for the reasons state in the preamble hereto, which is hereby made a part hereof, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the Mayor, or ten days after adoption if the Mayor neither approves nor vetoes the same.