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 Como/Milton Area Sanitary Improvement Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward and thus maintaining the Division of Sewerage and Drainage construction schedule.
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 Como/Milton Area Sanitary Improvement Project and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Como/Milton Area Sanitary Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0111X-2005, on the 25th day of July, 2005, 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 Service, Division 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 Como/Milton Area Sanitary Improvement Project, #650685, 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:
27P
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 16, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Beth Stevenson by deed of record in Official Record 25869G07, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the southwesterly corner of the said Stevenson tract, the southeasterly corner of that tract of land conveyed to Daniel R. Imlay and Mary J. Imlay by deed of record in Official Record 30294H02, also being in the northerly line of that tract of land conveyed to Gary E. Means by deed of record in Official Record 15918G17, and in a line common to said Lot 16 and Lot 19 as said Lot is numbered and delineated on said subdivision plat;
Thence North 01o39'58" East with a line common to the said Stevenson tract and the said Imlay tract, a distance of 15.00 feet to a point;
Thence South 88o15'50" East crossing the said Stevenson tract with a line parallel to and 15.00 feet northerly of the southerly line of said Stevenson tract, a distance of 54.67 feet to a point in the easterly line of the said Stevenson tract and also in the westerly line the that tract of land conveyed to Kathryn E. Stanton Alexander and Bill Russell Alexander Jr. by deed of record in Instrument Number 199807160178933;
Thence South 01o39'58" West with said easterly line, a distance of 15.00 feet to the southeasterly corner of the said Stevenson tract and the southwesterly corner of the said Alexander tract and in the northerly line of the tract of land conveyed to Amy Alexander by deed of record in Instrument Number 200404070076648, also being in a line common to said Lot 16 and Lot 19;
Thence North 88o15'50" West with the southerly line of the said Stevenson tract, also being, in part the northerly line of the said Amy Alexander tract and, in part, the northerly line of the said Means tract, the same being a line common to said Lot 16 and said Lot 19, a distance of 54.67 feet to the point of beginning containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 2. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
42T
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 20, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Mary Rodgers, Trustee by deed of record in Instrument Number 200207030163159, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning for reference at the northwesterly corner of the said Rodgers, Trustee tract, the northeasterly corner of that tract of land conveyed to Marshall R. Haddock and Ruth T. Haddock by deed of record in Volume 3475, Page 752, the southeasterly corner of that tract of land conveyed to Terri A. Gerhardt and Janice R. Franke by deed of record in Official Record 34875G17, and the southwesterly corner of that tract of land conveyed to Matthew R. Sapp and Michele T. Sapp by deed of record in Instrument Number 200212230329584, also being a corner common to Lot 14, Lot 15, Lot 20 and Lot 21, as said Lots are numbered and delineated on said subdivision plat;
Thence South 01o39'58" West with the westerly line of the said Rodgers, Trustee tract, the easterly line of the said Haddock tract, a distance of 15.00 feet to the TRUE POINT OF BEGINNING for the tract herein described;
Thence South 88o15'50" East crossing the said Rodgers, Trustee tract with a line parallel to and 15.00 feet southerly of the northerly line of said Rodgers, Trustee tract, a distance of 82.84 feet to a point in the westerly line of that tract of land conveyed to Robert W. Neff and Therese W. Neff by deed of record in Instrument Number 200406170139258
Thence South 01o39'58" West with the easterly line of the said Rodgers, Trustee tract, the westerly line of the said Neff tract, a distance of 10.00 feet to a point;
Thence North 88o15'50" West crossing the said Rodgers, Trustee tract with a line parallel to and 25.00 feet southerly of the northerly line of said Rodgers, Trustee tract, a distance of 82.84 feet to a point in the westerly line of the said Rodgers, Trustee tract, also being in the easterly line of the said Haddock tract;
Thence North 01o39'58" East with a line common to said Rodgers, Trustee tract and the said Haddock tract, a distance of 10.00 feet to a point to the TRUE POINT OF BEGINNING containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
42P
0.029 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 20, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Mary Rodgers, Trustee by deed of record in Instrument Number 200207030163159, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the northwesterly corner of the said Rodgers, Trustee tract, the northeasterly corner of that tract of land conveyed to Marshall R. Haddock and Ruth T. Haddock by deed of record in Volume 3475, Page 752, the southeasterly corner of that tract of land conveyed to Terri A. Gerhardt and Janice R. Franke by deed of record in Official Record 34875G17, and the southwesterly corner of that tract of land conveyed to Matthew R. Sapp and Michele T. Sapp by deed of record in Instrument Number 200212230329584, also being a corner common to Lot 14, Lot 15, Lot 20 and Lot 21, as said Lots are numbered and delineated on said subdivision plat;
Thence South 88o15'50" East with the northerly line of the said Rodgers, Trustee tract, and, in part, the southerly line of the said Sapp tract, and, in part, the southerly line of that tract of land conveyed to Denise R. Brickner and Kevin M. Coyne by deed of record in Instrument Number 199707112245487, a distance of 82.84 feet to the northeasterly corner of the said Rodgers, Trustee tract, the same also being the northwesterly corner of that tract of land conveyed to Robert W. Neff and Therese W. Neff by deed of record in Instrument Number 200406170139258
Thence South 01o39'58" West with the easterly line of the said Rodgers, Trustee tract, the westerly line of the said Neff tract, a distance of 15.00 feet to a point;
Thence North 88o15'50" West crossing the said Rodgers, Trustee tract with a line parallel to and 15.00 feet southerly of the northerly line of said Rodgers, Trustee tract, a distance of 82.84 feet to a point in the westerly line of the said Rodgers, Trustee tract and in the easterly line of the said Haddock tract;
Thence North 01o39'58" East with a line common to the said Rodgers, Trustee tract and said Haddock tract a distance of 15.00 feet to the point of beginning, containing 0.029 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 3. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
43P
0.023 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 21, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Marshall R. Haddock and Ruth T. Haddock by deed of record in Volume 3475, Page 752, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the northeasterly corner of the said Haddock tract, the northwesterly corner of that tract of land conveyed to Mary Rodgers, Trustee by deed of record in Instrument Number 200207030163159, the southeasterly corner of that tract of land conveyed to Terri A. Gerhardt and Janice R. Franke by deed of record in Official Record 34875G17, and the southwesterly corner of that tract of land conveyed to Matthew R. Sapp and Michele T. Sapp by deed of record in Instrument Number 200212230329584, also being a corner common to Lot 14, Lot 15, Lot 20 and Lot 21, as said Lots are numbered and delineated on said subdivision plat;
Thence South 01o39'58" West with the easterly line of the said Haddock tract, the westerly line of the said Rodgers, Trustee tract, a distance of 15.00 feet to a point;
Thence North 88o15'50" West crossing the said Haddock tract with a line parallel to and 15.00 feet southerly of the northerly line of said Haddock tract, a distance of 65.67 feet to a point in the westerly line of the said Haddock tract and in the easterly line of that tract of land conveyed to Richard Edward Osborne and Donna Leigh-Osborne by deed of record in Instrument Number 200307250231428;
Thence North 01o39'58" East with a line common to the said Haddock tract and said Osborne tract a distance of 15.00 feet to the northwesterly corner of the said Haddock tract, the northeasterly corner of the said Osborne tract, and in the southerly line of that tract of land conveyed to Maxine M. Wade by deeds of record in Official Records 30190F19, 30304F06, and 30304F08, the same also being in a line common to said Lot 14 and said Lot 21;
Thence South 88o15'50" East with the northerly line of the said Haddock tract, and, in part, the southerly line of the said Wade tract, and, in part, the southerly line of the said Gerhardt and Franke tract, the same also being a line common to said Lot 14 and said Lot 21, a distance of 65.67 feet to the point of beginning, containing 0.023 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 4. 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 5. That the Council of the City of Columbus hereby declares the value of said construction and permanent easements as follows:
1. 27P $1,850.00
2. 42P, T $3,400.00
3. 43P $1,505.00
Section 6. 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 7. 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.