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File #: 288X-2003    Version: 1
Type: Resolution Status: Passed
File created: 7/7/2003 In control: Safety Committee
On agenda: 7/21/2003 Final action: 7/22/2003
Title: To declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Big Run Erosion Control Project, and to declare an emergency.
Explanation
 
Background: The following is a resolution to declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Big Run Erosion Control Project.Fiscal Impact:     N/AEmergency Justification:  Emergency action is requested to allow acquisition activities to begin as soon as possible thereby allowing for commencement of construction of this project within this years construction season.
 
Title
 
To declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Big Run Erosion Control Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Big Run Erosion Control Project; 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 immediately necessary to declare the necessity and intent to appropriate 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 construction easements in, over, under and through the following described real estate necessary for the Big Run Erosion Control Project, Project #610961, 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 6T
      Situate in the State of Ohio, County of Franklin, City of Columbus, located in Virginia Military Lands 2442, and being an area of land for stormwater utility construction and access over, on, and across Lot 297 of Riverbend Sub-Division Sections 3 as recorded in the plat of record in Plat Book 42, Page 1, as conveyed to Walter R. Duermit Jr. and Pris M. Stanley by deed of record by Instrument Number 199805190121315, Recorders' Office, Franklin County, Ohio for the purpose of the installation of said stormwater utility line and being more particularly bounded and described as follows:
 
      Temporary Easement
      A temporary construction easement which period when construction commences on said property and shall terminate when the construction period ends;
      Commencing at a point, said point being a northeast corner of said Lot 297 of said Riverbend Sub-Division Section 3, said point being the southeast corner of Lot 298 of said Riverbend Sub-Division Section 3, as conveyed to Michael D. Straight and Patricia L. Straight by deed of record in Official Record 20365D03, said point being in a southerly line of Lot 6 of Heston & Heston Sub-Division as recorded in the plat of record in Plat Book 10, Page 56, all aforementioned referenced being to the Recorder's Office, Franklin County Ohio, said point being also the true point of beginning of the herein described area of land;
      Thence South 69 degrees 47 minutes 42 seconds East, a distance of 76.75 feet along he easterly line of said Lot 297 of said Riverbend Sub-Division Section 3, along a southerly line of said Lot 6 of said Heston & Heston Sub-Division to a point, said point being the southeast corner of said Lot 297 of said Riverbend Sub-Division Section 3, said point being a southeast corner of said Lot 6 of said Heston & Heston Sub-Division, said point being also in the northerly line of Lot 85 of Glencreek Sub-Division as recorded in the plat of recorded in Plat Book 46, page 90, as conveyed to Ronald D. and Mary K. Grove by deed of record in Official Record 12394F03, Records' Office, Franklin County, Ohio;
      Thence South 52 degrees 19 minutes 38 seconds West, a distance of 57.98 feet along the southerly line of said Lot 297 of said Riverbend Sub-Division Section 3, along the northerly line of said Lot 85 of said Glencreek Sub-Division to a point, said point being in the southerly line of said Lot 297 of said Riverbend Sub-Division Section 3, said point being also in the northerly line of said Lot 297 of said Riverbend Sub-Division Section 3;
      Thence crossing said Lot 297 of said Riverbend Sub-Division by the following two (2) described courses;
1.      North 38 degrees 35 minutes 41 seconds West, a distance of 19.69 feet to an angle point;
2.      South 50 degrees 09 minutes 37 seconds West, a distance 225.77 feet to a point, said point being in the westerly line of said Lot 297 of said Riverbend Sub-Division Section 3, said point being also in the easterly right of way line of Creekside Drive (50 feet);
Thence North 37 degrees 37 minutes 38 seconds West, a distance 13.67 feet along the westerly line of said Lot 297 of said Riverbend Sub-Division Section 3, along the easterly right of way line of said Creekside Drive to a point, said point being in the westerly line of said Lot 297 of said Riverbend Sub-Division Section 3, said point being also in the easterly right of way line of said Creekside Drive;
      Thence crossing said Lot 297 of said Riverbend Sub-Division by the following two (2) described courses;
1.      North 50 degrees 09 minutes 49 seconds East, a distance of 126.08 feet to an angle point;
2.      North 38 degrees 25 minutes 34 seconds West, a distance of 35.42 feet to a point, said point being in the northerly line of said Lot 297 of said Riverbend Sub-Division Section 3, said point being also in the southerly line of said Lot 298 of said Riverbend Sub-Division Section 3;
Thence North 52 degrees 19 minutes 38 seconds East, a distance of 117.56 feet along the northerly line of said Lot 297 of said Riverbend Sub-Division Section 3, along the southerly line of said Lot 298 of said Riverbend Sub-Division Section 3 in Plat Book 42, Page 1, Recorders' Office, Franklin County, Ohio.
WOOLPERT LLP  [seal]
Steven W. Newell, Ohio Professional Surveyor No. 7212
 
      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.
 
 
 
Resolution appropriate perm & const easements
Revised 8/28/97