Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Upper Scioto West S.S.S. Hayden Run Area Project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels 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.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Upper Scioto West S.S.S. Hayden Run Area Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Upper Scioto West S.S.S. Hayden Run Area Project; and,
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to declare the necessity and intent to appropriate permanent 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 easements in, over, under and through the following described real estate necessary for the Upper Scioto West S.S.S. Hayden Run Area Project, (reference number CC-13376), 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:
PERPETUAL SUB-SURFACE SEWER UTILITY EASEMENT
(Below elevation 933.0 (NAVD 88)
Situated in the State of Ohio, County of Franklin, Township of Washington, Virginia Military Survey Number 3453 and being part of the railroad right-of-way for Conrail and described as follows:
Beginning at the southeasterly corner of Parcel 2 Third Tract as shown in the deed to Betty S. Patch of record in Deed Book 3684, Page 607 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), the northeasterly corner of that 161.25 acre tract conveyed to Rings Farms Ltd. of record in Instrument Number 199901050002791, in the westerly right-of-way line for said railroad;
Thence N 39° 15' 59" W, with said westerly railroad right-of-way line, a distance of 17.75 feet;
Thence S 87° 14' 43" E, across said railroad right-of-way, a distance of 88.84 feet to the easterly right-of-way line for said railroad;
Thence S 39° 15' 59" E, with said easterly railroad right-of-way line, a distance of 59.15 feet;
Thence S 83° 02' 04" W, across said railroad right-of-way, a distance of 78.08 feet to the westerly right-of-way line for said railroad;
Thence N 39° 15' 59" W, with said westerly railroad right-of-way line, a distance of 59.15 feet to the Point of Beginning and containing 0.103 acre, more or less.
Said easement shall lie below the elevation of 933.0 (NAVD 88).
EMH&T, Inc., John C. Dodgion, Registered Surveyor No. 8069.
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.