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 Oaklawn/Piedmont Road Drainage Improvement Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage.Justification:
Emergency action is requested to allow the acquisition of real property necessary to the City project referenced in the background of this ordinance to proceed without delay.
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 Oaklawn/Piedmont Road Drainage Improvement Project, to authorize the expenditure of $2,065.00 from the Storm Sewer Bonds Fund and to declare an emergency. ($2,065.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Oaklawn/Piedmont Road Drainage Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 353X-2003, on the 6th day of October, 2003, 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 Oaklawn/Piedmont Road Drainage Improvement Project, #610840, 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 12-S
PERMANENT STORM SEWER EASEMENT
CONSOLIDATED UTILITIES RAILROAD CORPORATION
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in 1st Quarter of the 1st Township and the 18th Range of the United States Military Lands and being part of a 6.996 acre tract of land conveyed to Consolidated Utilities Railroad Corporation by deed of record in Instrument Number 199806290161477, and being more particularly shown in Exhibit A, attached hereto and made a part hereof, and being more particularly described as follows:
Beginning at a railroad spike found at the intersection of Piedmont Road and Cleveland Avenue, said railroad spike being North 04 degrees 13 minutes 57 seconds East, a distance of 566.05 feet from Franklin County Engineers Monument 5321 found at the intersection of Oakland Park Avenue and said Cleveland Avenue;
thence South 04 degrees 13 minutes 57 seconds West, with the centerline of Cleveland Avenue, a distance of 42.63 feet to a point on the centerline of Dunbar Drive;
thence South 86 degrees 28 minutes 16 seconds East, leaving the centerline of Cleveland Avenue and with the centerline of Dunbar Drive, a distance of 1,404.55 feet to a point;
thence North 66 degrees 48 minutes 02 seconds East, leaving the said centerline of Dunbar Drive, a distance of 25.27 feet to a point on the easterly existing right-of-way of a 20' alley and the westerly existing right-of-way line of an abandoned railroad, said point also being on the grantor's westerly property line and the TRUE POINT OF BEGINNING of the parcel herein described;
thence North 14 degrees 24 minutes 44 seconds East, with the westerly existing right-of-way of an abandoned railroad and the grantor's westerly property line, a distance of 273.41 feet to a point;
thence South 75 degrees 35 minutes 16 seconds East, leaving the said northerly existing right-of-way line and the grantor's westerly property line and through the grantor's land, a distance of 5.00 feet to a point;
thence South 14 degrees 24 minutes 44 seconds West, continuing through the grantor's land, a distance of 273.41 feet to a point;
thence North 75 degrees 35 minutes 16 seconds West for a distance of 5.00 feet to the TRUE POINT OF BEGINNING.
Containing 1,367.0 square feet or 0.031 acres, more or less, within the Franklin County Auditors' Parcel No. 130-000075.
All references herein are to records in the Recorders' Office, Franklin County, Ohio.
The bearings in this description are based on the State Plane Coordinate System, Ohio South Zone, NAD 83 (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office and by occupying Franklin County Geodetic Survey monuments 5321 and Frank 164.
Steven L. Lamphear, Registered Surveyor Number 7876, and is based upon a field survey of front R/W pins found, found centerline of the existing roadway monuments, and recorded deed descriptions.
PARCEL 12-T
TEMPORARY CONSTRUCTION EASEMENT
CONSOLIDATED UTILITIES RAILROAD CORPORATION
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in 1st Quarter of the 1st Township and the 18th Range of the United States Military Lands and being part of a 6.996 acre tract of land conveyed to Consolidated Utilities Railroad Corporation by deed of record in Instrument Number 199806290161477, and being more particularly shown in Exhibit A, attached hereto and made a part hereof, and being more particularly described as follows:
Beginning at a railroad spike found at the intersection of Piedmont Road and Cleveland Avenue, said railroad spike being North 04 degrees 13 minutes 57 seconds East, a distance of 566.05 feet from Franklin County Engineers Monument 5321 found at the intersection of Oakland Park Avenue and said Cleveland Avenue;
thence South 04 degrees 13 minutes 57 seconds West, with the centerline of Cleveland Avenue, a distance of 42.63 feet to a point on the centerline of Dunbar Drive;
thence South 86 degrees 28 minutes 16 seconds East, leaving the centerline of Cleveland Avenue and with the centerline of Dunbar Drive, a distance of 1,404.55 feet to a point;
thence North 66 degrees 48 minutes 02 seconds East, leaving the said centerline of Dunbar Drive, a distance of 25.27 feet to a point on the easterly existing right-of-way of a 20' alley, on the westerly existing right-of-way line of an abandoned railroad and on the grantor's westerly property line;
thence South 75 degrees 35 minutes 16 seconds East, a distance of 5.00 feet to a point, said point being the TRUE POINT OF BEGINNING of the parcel herein described;
thence North 14 degrees 24 minutes 44 seconds East, through the grantor's land, a distance of 273.41 feet to a point;
thence North 75 degrees 35 minutes 16 seconds West, a distance of 5.00 feet to a point, said point being on the said existing right-of-way line and the said westerly property line;
thence North 14 degrees 24 minutes 44 seconds East, with the said existing right-of-way line and the said westerly property line, a distance of 40.00 feet to a point;
thence South 75 degrees 35 minutes 16 seconds East, leaving the said existing right-of-way line and the said westerly property line, a distance of 35.00 feet to a point;
thence South 14 degrees 24 minutes 44 seconds West, a distance of 49.81 feet to a point;
thence South 75 degrees 35 minutes 16 seconds East, a distance of 31.01 feet to a point on the easterly existing right-of-way of said abandoned railroad and the grantor's easterly property line;
thence South 14 degrees 24 minutes 44 seconds West, with the easterly existing right-of-way line and the easterly property line, a distance of 263.60 feet to a point;
thence North 75 degrees 35 minutes 16 seconds West, a distance of 61.01 feet to the TRUE POINT OF BEGINNING.
Containing 17,776.7 square feet or 0.408 acres, more or less, within the Franklin County Auditors' Parcel No. 130-000075.
All references herein are to records in the Recorders' Office, Franklin County, Ohio. Steven L. Lamphear Registered Surveyor No. 7876
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 Sixty Five Dollars ($2,065.00).
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 the expenditure of $2,065.00, or so much thereof as may be necessary for the Oaklawn/Piedmont Road Drainage Improvement Project, #610840, from the Storm Sewer Bonds Fund, Fund #685, OCA Code 685001, Object Level Three, 6601, Auditor's Certificate No. 020488, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 6. 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.