Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Morse Road Improvement Project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to commence construction within this year's construction season.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Morse Road Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Morse Road Improvement Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate fee simple title and lesser interests in and to 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 fee simple title and lesser interests in and to the following described real estate necessary for the Morse Road Improvement Project, Project # 530052, 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 28A T (0.043 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of 2.584 acres of land, described in a Certificate of Transfer to Patrick J. Carter of record in Instrument Number 200311190369967, 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 prepared by ms consultants, inc. for the City of Columbus, said Parcel 28A T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at Sta. 105+06.64;
Thence N 84° 04' 55" with the centerline of Morse Road, a distance of 181.64 feet to a point being at centerline Station 103+25.00
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 81.91 feet to an iron pin set in the southerly line of saids lands of Patrick J. Carter, the northerly right-of-way limits of Morse Road, being 81.91 feet left of Station 103+25.00 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the northerly right-of-way limits of Morse Road a distance of 195.04 feet to a point at the southwest corner of said lands of Patrick J. Carter, the southeast corner of a 0.170 acre tract described in a Certificate of Transfer to Patrick J. Carter et. al. of record in Instrument Number 200311190369969; being 77.28' Left of Station 101+30.02;
Thence N 03° 11' 14" E with the westerly line of said lands of Patrick J. Carter and the easterly line of said 0.170 acre tract, a distance of 11.12 feet to a point, being 88.40' Left of Station 101+29.64;
Thence S 85° 20' 30" E into said lands of Patrick J. Carter, a distance of 195.37 feet to a point, being 90.00' Left of Station 103+25.00;
Thence S 05° 07' 40" W continuing through said lands of Patrick J. Carter, a distance of 8.09 feet to the True Place of Beginning.
The above described tract contains 0.043 acres from Auditor's Parcel # 010-132395.
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 S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records.
JAMES P. VILLACRES, Professional Surveyor No. 7912, Revised 5/7/04
PARCEL 95 U (0.123 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 1, Range 18, United States Military Lands, and being part of a 2.177 acre tract and a 0.534 acre tract, also Tract 1 and Tract 2 described in a deed to Indianola Evangelical Lutheran Church (N.K.A. Ascension Lutheran Church per Auditor's Book 20, Page 70) of record in Deed Book 2222 Page 139 and Official Record 16287 J05, respectively, 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 prepared by ms consultants, inc. for the City of Columbus, said Parcel 95 U being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at centerline Sta. 105+06.64;
Thence S 86° 19' 13" E with the centerline of Morse Road, a distance of 98.36 feet to a point, being at centerline Station 106+05.00;
Thence S 3° 40' 47" W leaving the centerline of Morse Road at a right angle, a distance of 95.00 feet to an iron pin set 95.00' Right of Station 106+05.00 being the True Place of Beginning for the parcel described herein;
Thence through said lands of Indianola Evangelical Lutheran Church with the following three courses and distances:
- N 81° 57' 54" W a distance of 147.56 feet to a point, being 85.00' Right of Sta.104+60.00;
- N 84° 52' 20" W a distance of 230.00 feet to a point, being 85.00' Right of Sta.102+30.00;
- N 82° 06' 00" W a distance of 147.19 feet to a point in the westerly line of said 0.534 acre tract, the easterly line of a 1.368 acre tract described in a deed to Bernard R. Ruben and Murray Ebner of record in D.B. 2539, Pg.360, and being 77.88' Right of Station 100+82.99;
- 4. Thence S 86° 13' 58" E with the northerly line of said 0.534 acre tract, the southerly line of a 0.227 acre tract described in a deed to City of Columbus, Ohio of record in Deed Book 2546, Page 418, and the southerly right-of-way limits of Morse Road, a distance of 110.43 feet to a point, being 75.26' Right of Station 101+93.38;
Thence S 03° 45' 31" W with the northerly boundary of said 0.534 acre tract and the westerly line of a 0.938 acre tract described in a deed to the City of Columbus, Ohio of record in Deed Book 2574, Page 387, a distance of 2.00 feet to a point being 77.26' Right of Station 101+93.43;
Thence S 86° 13' 57" E continuing with the northerly line of said lands Indianola Evangelical Lutheran Church and southerly right-of-way limits of Morse Road, a distance of 276.65 feet to an iron pin set, being 70.69' Right of Station 104+70.00;
Thence S 82° 57' 54" E into said lands of Indianola Evangelical Lutheran Church, a distance of 101.95 feet to an iron pin set, being 75.71' Right of Station 105+70.00;
Thence S 57° 27' 34" E continuing through said lands of Indianola Evangelical Lutheran Church, a distance of 39.96 feet to the True Place of Beginning.
The above described tract contains 0.123 acres of land (0.014 acres from Auditor's Parcel 010-1239668 and 0.109 acres from Auditor's Parcel 010-103739-00).
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 S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records.
JAMES P. VILLACRES, Professional Surveyor No. 7912
PARCEL 97 U (0.031 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 1, Range 18, United States Military Lands, and being part of Lots 1 thru 4 in Clinton Estates No. 5 (P.B. 31, Pg. 46-48) and also being part of a 1.170 acre tract described in a deed to Mason-Realty Columbus Properties LLC of record in Instrument Number 20030102000116, 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 prepared by ms consultants, inc. for the City of Columbus, said Parcel 9U T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at centerline Sta. 105+06.64;
Thence S 86° 19' 13" E with the centerline of Morse Road, a distance of 129.07 feet to a point, being at centerline Station 106+55.00;
Thence S 3° 40' 47" W leaving the centerline of Morse Road at a right angle, a distance of 82.00 feet to an iron pin set, being 82.00' Right of Station 106+55.00 and being the True Place of Beginning for the parcel described herein;
Thence through said 1.170 acre tract with the following four courses and distances:
- S86°19'13"E a distance of 265.00 feet to an iron pin set, being 82.00' Rt. of Sta.109+20.00;
- S 30° 09' 58" E a distance of 6.02 feet to a point, being 87.00' Right of Station 109+23.35;
- N 86° 19' 13" W a distance of 272.97 feet to a point, being 87.00' Rt. of Sta.106+50.38;
- N 46° 23' 21" E a distance of 6.80 feet to the True Place of Beginning.
- 5. The above described tract contains 0.031 acres of land from Auditor's Parcel # 010-125855-00.
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 S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records.
JAMES P. VILLACRES, Professional Surveyor No. 7912
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.