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File #: 0019X-2008    Version: 1
Type: Resolution Status: Passed
File created: 1/10/2008 In control: Judiciary And Court Administration Committee
On agenda: 2/4/2008 Final action: 2/6/2008
Title: To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Big Run Hellbranch Subtrunk Project.
Explanation
 
Background:
     The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Big Run Hellbranch Subtrunk Project.
 
Fiscal Impact:
 
    N/A
 
 
Emergency Justification: N/A
 
 
 
Title
 
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Big Run Hellbranch Subtrunk Project.
 
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Big Run Hellbranch Subtrunk Project; and
 
WHEREAS,      in the usual daily operation of the Department of Public Utilities, Sewerage and Drainage, in that it is necessary to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through the hereinbefore described real estate necessary for the aforementioned project; now, therefore:
 
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Big Run Hellbranch Subtrunk Project, # 650604, 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:
 
1P
SANITARY SEWER EASEMENT
4.124 ACRES
 
      Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 5242, being on, over, and across that 61.067 acre tract conveyed to Broadlawn Realty & Rental, Inc. by deed of record in Deed Book 2237, Page 318 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
      Beginning, for reference, at the northeasterly corner of Grantor's tract, at the southeasterly corner of that 2.273 acre tract conveyed to Glen F. Hymer and Marian L. Hymer by deeds of record in Official Record 10592H16 and Official Record 13912B13, being on the centerline of Galloway Road;
      thence South 81° 10' 08" West, with Grantor's northerly line, a distance of 48.53 feet to the TRUE POINT OF BEGINNING;
      thence South 13° 08' 47" West, with the westerly right-of-way line of Galloway Road, a distance of 403.46 feet to a point;
      thence across Grantor's tract, the following courses and distances:
      North 76° 51' 13" West, with the northerly terminus of that existing Sanitary Sewer Easement of record in Instrument Number ____________, a distance of 30.00 feet to a point;
      North 13° 08' 47" East, a distance of 299.69 feet to a point;
      South 81° 10' 08" West, a distance of 21.57 feet to a point;
      North 13° 08' 47" East, a distance of 37.74 feet to a point;
      South 81° 10' 08" West, a distance of 1265.88 feet to a point; and
      South 81° 02' 16" West, a distance of 2029.57 feet to a point on Grantor's westerly line;
      thence with Grantor's westerly line, the following courses and distances:
      North 38° 51' 59" West, a distance of 39.03 feet to a point; and
      North 02° 36' 27" East, a distance of 16.50 feet to a corner thereof, being Grantor's northwesterly corner;
      thence with Grantor's northerly line, the following courses and distances:
      North 81° 02' 16" East, a distance of 2045.78 feet to a point; and
      North 81° 10' 08" East, a distance of 1340.03 feet to the TRUE POINT OF BEGINNING and containing 4.124 acres of land, more or less.
                                    EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Date, Professional Surveyor No. 8250, EJM; mr /July, 07
4_124 ac 70162
 
 
 
1T
TEMPORARY EASEMENT
2.787 ACRES
      Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 5242, being on, over, and across that 61.067 acre tract conveyed to Broadlawn Realty & Rental, Inc. by deed of record in Deed Book 2237, Page 318 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
      Beginning, for reference, at the northeasterly corner of Grantor's tract, at the southeasterly corner of that 2.273 acre tract conveyed to Glen F. Hymer and Marian L. Hymer by deeds of record in Official Record 10592H16 and Official Record 13912B13, being on the centerline of Galloway Road;
      thence South 81° 10' 08" West, with Grantor's northerly line, a distance of 48.53 feet to a point on the westerly right-of-way line of Galloway Road;
      thence South 13° 08' 47" West, with said westerly right-of-way line, a distance of 403.46 feet to a point;
      thence North 76° 51' 13" West, across Grantor's tract and with the northerly terminus of that existing Sanitary Sewer Easement of record in Instrument Number ____________, a distance of 30.00 feet to the TRUE POINT OF BEGINNING;
thence across Grantor's tract, the following courses and distances:
      North 76° 51' 14" West, a distance of 20.00 feet to a point;
      North 13° 08' 47" East, a distance of 253.88 feet to a point;
      South 81° 10' 08" West, a distance of 21.57 feet to a point;
      North 13° 08' 47" East, a distance of 37.74 feet to a point
      South 81° 10' 08" West, a distance of 1230.14 feet to a point; and
      South 81° 02' 16" West, a distance of 2009.40 feet to a point on Grantor's westerly line;
      thence North 38° 51' 59" West, with Grantor's westerly line, a distance of 40.38 feet to a point; and
      thence across Grantor's tract, the following courses and distances:
      North 81° 02' 16" East, a distance of 2029.57 feet to a point; and
      North 81° 10' 08" East, a distance of 1265.88 feet to a point;
      South 13° 08' 47" West, a distance of 37.74 feet to a point;
      North 81° 10' 08" East, a distance of 21.57 feet to a point;
      South 13° 08' 47" West, a distance of 299.69 feet to the TRUE POINT OF BEGINNING and containing 2.787 acres of land, more or less.
                                    EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller, Date, Professional Surveyor No. 8250
 
 
      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 this resolution shall take effect and be in force from and after the earliest period allowed by law.