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File #: 0136X-2005    Version: 1
Type: Resolution Status: Passed
File created: 9/13/2005 In control: Safety Committee
On agenda: 9/26/2005 Final action: 9/28/2005
Title: To declare the necessity and intent to appropriate permanent and/or construction easements in, over, under and through real estate in connection with the Broughton Avenue Extension Project, and to declare an emergency.

Explanation

 

Background:

The following is a resolution to declare the necessity and intent to appropriate permanent and/or construction easements in, over, under and through real estate in connection with the Broughton Avenue Extension Project.

 

Fiscal Impact:

 

     N/A

 

Emergency action is requested to allow the immediate acquisition of the parcels necessary for this project to proceed without delay, thereby preserving public welfare.

 

 

Title

 

To declare the necessity and intent to appropriate permanent and/or construction easements in, over, under and through real estate in connection with the Broughton Avenue Extension Project, and to declare an emergency.

 

Body

 

WHEREAS,                     the City of Columbus is engaged in the Broughton Avenue Extension 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 and construction 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 and/or construction easements in, over, under and through the following described real estate necessary for the Broughton Avenue Extension Project, Project # 530161, 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:

 

2T

DESCRIPTION OF TEMPORARY EASEMENT

BROUGHTON AVENUE EXTENSION PROJECT

Situated in the City of Columbus, County of Franklin, State of Ohio, and being an easement over a part of Lot 3 of Outerbelt East Commerce Park as recorded in Plat Book 46, Page 4 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and described as follows:

                     Commencing for reference at a p.k. nail (found) at the intersection of the centerline of McCormick Boulevard with the centerline of Broughton Avenue;

                     thence along the centerline of said Broughton Ave. North eighty-six degrees twenty-five minutes thirty-eight seconds West (N86°25'38"W) for fifty-nine and 87/100 feet (59.87') to a point;

                     thence leaving said centerline North three degrees thirty-four minutes twenty-two seconds East (N03°34'22"E) for thirty and 00/100 feet (30.00') to point on the north line of said Broughton Avenue, said point also being the TRUE POINT OF BEGINNING of the herein described easement;

                     thence along the North line of said Broughton Avenue North eighty-six degrees twenty-five minutes thirty-eight seconds West (N86°25'38"W) for four hundred seventy and 05/100 feet (470.05') to the southwest corner of said Lot 3;

                     thence leaving said north line along the west line of said Lot 3 North three degrees forty-three minutes thirty-nine seconds East (N03°43'39"E) for ten and 00/100 feet (10.00') to a point;

                     thence leaving said west line across said Lot 3 South eighty-six degrees twenty-five minutes thirty-eight seconds East (S86°25'38"E) for four hundred eighty and 02/100 feet (480.02') to a point on the west line of said McCormick Boulevard;

                     thence along said west line South forty-eight degrees thirty-three minutes fifty-nine seconds West (S45°33'59"W) for fourteen and 14/100 feet (14.14') to the TRUE POINT OF BEGINNING.

                     This description was prepared from a field survey performed by Woolpert, Inc., in June, 2004, with bearings based upon Ohio State Plane Coordinate System, South Zone (NAD83).

 

 

                     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 stated 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.