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 Hap Cremean Raw Water Line project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water , Waterworks Enlargement Voted 1991 Bonds Funds.
Emergency Justification: Emergency legislation is being requested to allow acquisition of these parcels necessary for this project to proceed without delay in order to continue engineering design services for this project critical to providing increased safety to the water supply to the greater Columbus area.
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 Hap Cremean Raw Water Line 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 Hap Cremean Raw Water Line project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0055X-2006, on the 3rd day of April, 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 Department of Public Utilities, Division of 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Hap Cremean Raw Water Line project, #690265, 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:
10PS
Easement Area
0.007-Acre
Situated in the State of Ohio, County of Franklin, City of Westerville, located in Quarter Township 1, Township 2, Range 17, United State Military Lands, and being within a tract of land conveyed to Diane C. Brown by deed of record in Official Record 19231J07, all references are to records of the Franklin County Recorder's Office, said 0.007 acre being more particularly described as follows:
Beginning for reference at a northeasterly corner of the said Brown tract, also being a southwesterly corner of a tract of land conveyed to Nello A. Spagnol, Mary Angela Basinger, and Antonio Spagnol by deeds of record in Volume 2646, Page 289, Official Records 02115B18, 02115B14, and 20413F14;
Thence S 0° 54' 01" E, with an easterly line of the said Brown tract, also being the westerly line of the said Nello A. Spagnol, Mary Angela Basinger, and Antonio Spagnol tract, a distance of 425.13 feet to the True Point Of Beginning of the area described herein;
Thence S 0° 54' 01" E, continuing with said easterly and said westerly lines, a distance of 36.63 feet to a point;
Thence crossing the said Brown tract the following courses:
N 60° 06' 38" W, a distance of 18.75 feet to a point; and
N 29° 53' 22" E, a distance of 31.47 feet to the True Point Of Beginning containing 0.007 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, and were established by tying to Franklin County Engineer's monuments using GPS equipment and procedures.
Resource International Inc., Mark S. Ward P.S. No S-7514.
Section 2. 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 3. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Two Hundred Dollars ($200.00).
Section 4. 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 5. That for the reasons state in the preamble hereto, which is hereby made a part hereof, 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.