Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Scioto-Darby Creek 24" Water Main Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water, Waterworks Enlargement Voted 1991 Bonds Fund.
Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Scioto-Darby Creek 24" Water Main Project, Waterworks Enlargement Voted 1991 Bonds Fund 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 Scioto-Darby Creek 24" Water Main Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0015X-2006, on the 27th day of February, 2006, 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 Utilities, Division Water, 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Scioto-Darby Creek 24" Water Main Project, # 690452, 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:
PARCEL NO. 1-P
PERPETUAL WATER UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus and wholly within Virginia Military Survey No. 547, being land conveyed to Columbus and Southern Ohio Electric Company via Deed Book Vol. 2797, Page 348 from The Marble Cliff Quarries Company as found in Deed Book Volume 1949, Page 592, all records from the Recorder's Office, Franklin County, Ohio.
Beginning for reference at a railroad spike found near the centerline of Scioto-Darby Creek Road on the east line of Virginia Military Survey No. 287 and the west line of Virginia Military Survey No. 547, said reference point being near the northwest corner of property owned by said Columbus and Southern Ohio Electric Company;
Thence leaving said railroad spike and proceeding in a southerly direction
S 07° 07' 01" E, a distance of 95.11 feet along VMS 287, VMS 547 and the west line of said Columbus and Southern Ohio Electric Company to the north right of way line of the Pennsylvania Lines LLC, a Delaware Limited Liability Company as recorded in Instrument No. 200212180325195 of the Recorder's Office, Franklin County, Ohio and the southwest corner of said Columbus and Southern Ohio Electric Company property;
Thence along the north right of way line of said Pennsylvania Lines LLC and the southern line of said Columbus and Southern Ohio Electric Company S 58° 34' 22" E, a distance of 44.60 feet to a point, being the True Point Of Beginning for this easement;
Thence northerly through said Columbus and Southern Ohio Electric Company property N03° 06' 02" W, a distance of 80.28 feet to an angle point;
Thence continuing northerly through said Columbus and Southern Ohio Electric Company property N14° 21' 02" W, a distance of 8.41 feet to a point on the southern 40 foot right of way line for Scioto-Darby Creek Road;
Thence easterly along the said southern 40 foot right of way line of Scioto-Darby Creek Road N75° 42' 04" E, a distance of 20.00 feet to a point;
Thence leaving said 40 foot right of way line of Scioto-Darby Creek Road, southerly through said Columbus and Southern Ohio Electric Company property S 14° 21' 02" E, a distance of 10.36 feet to an angle point;
Thence continuing southerly through the said Columbus and Southern Ohio Electric Company property S 03° 06' 02" E, a distance of 96.01 feet to an angle point on the north right of way line of the said Pennsylvania Lines LLC;
Thence westerly along the north right of way line of said Pennsylvania Lines LLC property and the South line of said Columbus and Southern Ohio Electric Company property N58° 34' 22" W, a distance of 24.28 feet to the True Point Of Beginning, containing 0.040 acres of land, more or less.
Resource International, Inc., Jeffrey C. Spontak, R.S. #7856.
PARCEL NO. 2-P
PERPETUAL WATER UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus and wholly within Virginia Military Survey No. 547, being land conveyed to Columbus and Southern Ohio Electric Company via Deed Book Vol. 3469, Page 734 from The Marble Cliff Quarries Company as found in Deed Book Volume 1949, Page 592, all records from the Recorder's Office, Franklin County, Ohio.
Beginning for reference at a railroad spike found near the centerline of Scioto-Darby Creek Road on the east line of Virginia Military Survey 287 and the west line of Virginia Military Survey 547. Said reference point being near the northwest corner of property owned by Columbus and Southern Ohio Electric Company via Deed Book Volume 2797, Page 348 as recorded in the Franklin County Recorder's Office, Franklin County, Ohio;
Thence leaving said railroad spike and proceeding in a southerly direction
S 07° 07' 01" E, a distance of 95.11 feet along VMS 287, VMS 547 and the west line of said Columbus and Southern Ohio Electric Company of Volume 2797, Pg. 348 to the north right of way line of Pennsylvania Lines LLC, a Delaware Limited Liability Company as recorded in Instrument No. 200212180325195 of the Recorder's Office, Franklin County, Ohio and the southwest corner of said Columbus and Southern Ohio Electric Company property;
Thence crossing the southern line of said Columbus and Southern Ohio Electric Company and through said Pennsylvania Lines LLC S 07° 07' 01" E, a distance of 121.12 feet to a point on the south right of way line of said Pennsylvania Lines LLC and the north line of property owned by said Columbus and Southern Ohio Electric Company of Vol. 3469, Pg. 734;
Thence easterly along the south right of way line of said Pennsylvania Lines LLC and the north line of said Columbus and Southern Ohio Electric Company S 58° 34" 22" E, a distance of 34.52 feet to a point, being the True Point Of Beginning for this easement;
Thence continuing easterly along the south right of way line of said Pennsylvania Lines LLC and the north line of said Columbus and Southern Ohio Electric Company S 58° 34" 22" E, a distance of 24.28 feet to a point;
Thence leaving the south right of way line of said Pennsylvania Lines LLC and southerly through said Columbus and Southern Ohio Electric Company property S 03° 06' 02" W, a distance of 247.84 feet to a point on the north line of property owned by Transform, Inc. via Official Record Volume 07139 Page A-18 as recorded in the Franklin County Recorder's Office, Franklin County, Ohio;
Thence westerly along the north line of said Transform, Inc property and the south line of said Columbus and Southern Ohio Electric Company property S 79° 57' 12" W, a distance of 20.15 feet to an angle point;
Thence northerly through said Columbus and Southern Ohio Electric Company property N 03° 06' 02" W, a distance of 264.04 feet to the True Point Of Beginning, containing 0.120 acres of land, more or less.
Resource International, Inc., Jeffrey C. Spontak, R.S. #7856.
Franklin County Tax Parcel No. 560-154731 and 560-109373.
Section 2. That permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Scioto-Darby Creek 24" Water Main Project, # 690452, 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:
PARCEL NO. 3-P
PERPETUAL WATER UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus and wholly within Virginia Military Survey No. 547 being land conveyed to Transform, LTD. an Iowa Corporation via Official Record Volume 07139, Page A-18 from Southgate Development Corporation as found in Deed Book Volume 3321, Page 466, all records from the Recorder's Office, Franklin County, Ohio.
Beginning for reference at a railroad spike found near the centerline of Scioto-Darby Creek Road on the east line of Virginia Military Survey 287 and the west line of Virginia Military Survey 547, said reference point being near the northwest corner of property owned by Columbus and Southern Ohio Electric Company via Deed Book Volume 2797, Page 348 as recorded in the Franklin County Recorder's Office, Franklin County, Ohio.
Thence leaving said railroad spike and proceeding in a southerly direction S 07° 07' 01" E, , a distance of 95.11 feet along VMS 287, VMS 547 and the west line of said Columbus and Southern Ohio Electric Company to the north right of way line of the Pennsylvania Lines LLC, a Delaware limited liability company as recorded in Instrument No. 200212180325195 of the Recorder's Office, Franklin County, Ohio , also being the southwest corner of said Columbus and Southern Ohio Electric Company property,
Thence continuing southerly through said Pennsylvania Lines LLC, S 07° 07' 01" E, a distance of 121.12 feet to a point on the south right of way line of said Pennsylvania Lines LLC and the northwest corner of property owned by Columbus and Southern Ohio Electric Company via Deed Book Volume 3469, Page 734 and bounded by property owned by Royal Odita Investments, Inc. via Instrument No. 200301090008920 as both documents are recorded in the Recorder's Office, Franklin County, Ohio,
Thence continuing south along the east line of said Royal Odita Investments, Inc S 07° 07' 19" E, a distance of 285.34 feet to a point at the southwest corner of said Columbus and Southern Ohio Electric Company property and the northwest corner of property owned by Transform, Inc. via Official Record Volume 07139 Page A-18 as recorded in the Recorder's Office, Franklin County, Ohio,
Thence along the south line of said Columbus and Southern Ohio Electric Company property and the north line of said Transform, Inc. property N 79° 57' 12" E, , a distance of 8.49 feet to a point, being the True Point Of Beginning for this easement,
Thence continuing along the south line of said Columbus and Southern Ohio Electric Company property and the north line of said Transform, Inc. property N 79° 57' 12" E, , a distance of 20.08 feet to an angle point,
Thence leaving the south line of said Columbus and Southern Ohio Electric Company property and through said Transform, Inc. property S 05° 00' 34" E, , a distance of 231.48 feet to an angle point,
Thence continuing south through said Transform, Inc. property S 07° 07' 19" E, a distance of 465.99 feet to an angle point,
Thence continuing south through said Transform, Inc. property S 07° 17' 19" E, a distance of 52.39 feet to an angle point,
Thence southerly through said Transform, Inc. property S 29° 37' 19" E, a distance of 56.70 feet to an angle point,
Thence continuing southerly through said Transform, Inc. property S 54° 22' 19" E, a distance of 52.05 feet to point on a curve of the south line of said Transform, Inc. property and the north right of way line of Zane Trace Drive as dedicated in Plat Book 50, Page 42 as recorded in the plat books of the Recorder's Office, Franklin County, Ohio,
Thence westerly along a curve to the left of said Zane Trace Drive and said Transform, Inc. property having chord bearing S 36° 48' 08" W, chord distance 2.26 feet, a radius of 280 feet and a delta of 00° 27' 45" with arc length of 2.26 feet, to an angle point,
Thence leaving the north right of way line of said Zane Trace Drive and along the north line of Southgate Development Corporation as recorded in Deed Book Volume 3321, Page 466 of the Recorder's Office, Franklin County, Ohio, and common with the south line of said Transform, Inc property S 82° 43' 01" W, a distance of 26.05 feet to an angle point,
Thence northerly, leaving said common south line and through said Transform, Inc. property N 54° 22' 19" W, a distance of 37.31 feet to an angle point,
Thence continuing north through said Transform, Inc. property N 29° 37' 19" W, a distance of 65.04 feet to a point on the east line of said Royal Odita Investments, Inc. property and common with the west line of said Transform, Inc. property,
Thence northerly along said common line N 07° 17' 19" W, a distance of 56.36 feet to an angle point,
Thence continuing northerly along said common line N 07° 07' 19" W, a distance of 466.43 feet to an angle point,
Thence northerly leaving said common line with said Royal Odita Investments, Inc. and through said Transform, Inc. property N 05° 00' 34" W , a distance of 230.02 feet to the True Point Of Beginning, containing 0.390 acre of land, more or less.
Resource International, Inc., Jeffrey C. Spontak, R.S. #7856.
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said permanent easements as follows:
1. 1P $1,300.00
2. 2P $3,900.00
3. 3P $12,675.00
Section 5. 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 6. 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.