Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Public Service, Division Engineering and Construction, "Arena West" Roadway Improvement-Neil- Avenue project.
Fiscal Impact:
N/A
Emergency Justification:
Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to the project.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Public Service, Division of Engineering and Construction, "Arena West" Roadway Improvement-Neil- Avenue project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the "Arena West" Roadway Improvement-Neil- Avenue project; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service, Division Engineering and Construction, in that it is immediately necessary to declare the necessity and intent to appropriate fee simple title and lesser interests in and to 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 fee simple title and lesser interests in and to the following described real estate necessary for the "Arena West" Roadway Improvement-Neil- Avenue project, Project # 440104-100009, 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 2-T
NEIL ARENA WEST (2701 Dr. E)
0.008 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being across Lot 1 as shown on the plat entitled "Baker & Brodbelt Subdivision" of record in Plat Book 1, Page 271 conveyed as part of the 0.229 acre tract to NWD Arena District MM. LLC of record in Instrument Number 200203290079900, and described as follows:
Beginning, for reference, at the southeasterly corner of said Lot 1, also being the intersection of the northerly right-of-way line of Brodbelt Lane (Plat Book 1, Page 271) with the westerly right-of-way line of Neil Avenue (formerly Dennison Avenue);
thence North 03° 23' 48" East, with the easterly line of said Lot 1 and said westerly right-of-way line, a distance of 29.37 feet, to the True Point of Beginning;
thence across said Lot 1, the following courses:
North 86° 37' 44" West, a distance of 12.59 feet, to a point;
North 03° 24' 28" East, a distance of 12.75 feet, to a point;
North 85° 59' 46" West, a distance of 7.51 feet, to a point; and
North 03° 23' 48" East, a distance of 9.63 feet, to the northerly line of said Lot 1 and an angle point in said westerly right-of-way line;
thence South 86° 16' 59" East, with said northerly line and said westerly right-of-way line, a distance of 20.10 feet, to a corner thereof;
thence South 03° 23' 48" West, with said easterly line and said westerly right-of-way line, a distance of 22.35 feet, to the True Point of Beginning, containing 0.008 acre, more or less, from Auditor's Parcel Number 010-028184.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250, EJM:sg September 16, 2011
PARCEL 4-T
NEIL ARENA WEST (2701 Dr. E)
0.003 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being across the tract of land conveyed to CSX Transportation, Inc. of record in Official Record 13283G13, and described as follows:
Beginning at the northeasterly corner of said CSX Transportation tract and the southeasterly corner of the tract conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201, also being in the westerly right-of-way line of Neil Avenue (formerly Dennison Avenue);
thence with the easterly line of said CSX Transportation tract and said westerly right-of-way line, the following courses:
South 03° 34' 59" West, a distance of 11.73 feet, to a point; and
South 03° 23' 48" West, a distance of 2.85 feet, to a point;
thence across said CSX Transportation tract, the following courses:
North 87° 09' 14" West, a distance of 7.89 feet, to a point; and
North 03° 23' 49" East, a distance of 14.54 feet, to the northerly line of said CSX Transportation tract;
thence South 87° 24' 40" East, with said northerly line, a distance of 7.92 feet, to the Point of Beginning, containing 0.003 acre, more or less, from Auditor's Parcel Number 010-057573.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250, EJM:sg September 16, 2011
PARCEL 5-WD
NEIL ARENA WEST (2701 Dr. E)
0.029 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being a part of the tract of land conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201, now known as CSX Transportation Inc., successor by merger, Instrument Number 200507210144733 and Instrument Number 200507210144738 (more fully defined by Instrument Number 200711080194030) and part of Lots 1, 2, 3, 4, and 5 as shown on "J.R. Hughes Subdivision" of record in Plat Book 1, Page 299 and part of land shown on "Brecount, Smith and Conover's Northwest Addition" of record in Plat Book 1, Page 250, and described as follows:
Beginning at an iron pin set at a northeasterly corner of said New York Central Lines tract, the intersection of the existing westerly right-of-way line of Neil Avenue (formerly Dennison Avenue) with the southerly right-of-way line of Goodale Connector as shown on the right-of-way plans for FRA-670-1.25 (B-2 & B-3) on file at the Ohio Department of Transportation, District 6, Delaware , Ohio, also known as Vine Street, and in the westerly line of the 11,175.4 square foot tract conveyed to the City of Columbus of record in Deed Book 967, Page 579;
thence with the easterly line of said New York Central Lines tract, said existing westerly right-of-way line, and the westerly line of said 11,175.4 square foot tract, the following courses:
South 03° 23' 48" West, a distance of 87.79 feet, to an iron pin set; and
South 03° 34' 39" West, a distance of 116.03 feet, to an iron pin set;
thence across said New York Central Lines tract, the following courses:
North 86° 29' 52" West, a distance of 1.43 feet, to an iron pin set;
North 03° 30' 08" East, a distance of 72.08 feet, to an iron pin set;
North 02° 13' 01" West, a distance of 118.38 feet, to an iron pin set; and
North 22° 03' 15" West, a distance of 20.85 feet, to an iron pin set in the northerly line of said New York Central Lines tract and said southerly right-of-way line;
thence South 74° 08' 33" East, with said northerly line and said southerly right-of-way line, a distance of 22.75 feet, to the Point of Beginning, containing 0.029 acre, more or less, from Auditor's Parcel Number 010-180602.
Iron pins set, where indicated, are iron rebar, five eighths (5/8) inch diameter, thirty (30) inches long with a plastic plug placed on the top bearing the initials EMHT INC.
All references are to the records of the Recorder's Office, Franklin County, Ohio, unless otherwise noted.
This description was prepared from existing records and actual field surveys performed by EMH&T, Inc.
The bearings shown hereon are based on the same meridian as the north right-of-way line of Nationwide Boulevard, having a bearing of North 82° 18' 16" East, per Ohio State Plane Coordinate System, South Zone (NAD83) 1986 Adjustment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250
PARCEL 5-T
NEIL ARENA WEST (2701 Dr. E)
0.044 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being across the tract of land conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201 and across Lots 1, 2, 3, 4, and 5 as shown on "J.R. Hughes Subdivision" of record in Plat Book 1, Page 299 and across land shown on "Brecount, Smith and Conover's Northwest Addition" of record in Plat Book 1, Page 250, and described as follows:
Beginning, for reference, at an iron pin set at a northeasterly corner of said New York Central Lines tract, the intersection of the existing westerly right-of-way line of Neil Avenue (formerly Dennison Avenue) with the southerly right-of-way line of Goodale Connector as shown on the right-of-way plans for FRA-670-1.25 (B-2 & B-3) on file at the Ohio Department of Transportation, District 6, Delaware , Ohio, also known as Vine Street;
thence North 74° 08' 33" West, with the northerly line of said New York Central Lines tract and said southerly right-of-way line, a distance of 22.75 feet, to an iron pin set;
thence South 22° 03' 15" East, across said New York Central Lines tract with the proposed westerly right-of-way line of Neil Avenue, a distance of 6.12 feet, to the True Point of Beginning;
thence continuing across said New York Central Lines tract with the proposed westerly right-of-way line of Neil Avenue, the following courses:
South 22° 03' 15" East, a distance of 14.73 feet, to an iron pin set;
South 02° 13' 01" East, a distance of 118.38 feet, to an iron pin set;
South 03° 30' 08" West, a distance of 72.08 feet, to an iron pin set;
South 86° 29' 52" East, a distance of 1.43 feet, to an iron pin set in the easterly line of said New York Central Lines tract and said existing westerly right-of-way line;
thence South 03° 34' 59" West, with said easterly line and said existing westerly right-of-way line, a distance of 128.61 feet, to the southeasterly corner of said New York Central Lines tract;
thence North 87° 24' 40" West, with the southerly line of said New York Central Lines tract, a distance of 7.92 feet, to a point;
thence across said New York Central Lines tract, the following courses:
North 03° 23' 49" East, a distance of 31.07 feet, to a point;
North 04° 33' 47" East, a distance of 93.68 feet, to a point;
North 03° 30' 08" East, a distance of 75.82 feet, to a point;
North 02° 13' 01" West, a distance of 131.99 feet, to the True Point of Beginning, containing 0.044 acre, more or less, from Auditor's Parcel Number 010-180602.
Iron pins set, where indicated, are iron rebar, five eighths (5/8) inch diameter, thirty (30) inches long with a plastic plug placed on the top bearing the initials EMHT INC.
All references are to the records of the Recorder's Office, Franklin County, Ohio, unless otherwise noted.
The bearings shown hereon are based on the same meridian as the north right-of-way line of Nationwide Boulevard, having a bearing of North 82° 18' 16" East, per Ohio State Plane Coordinate System, South Zone (NAD83) 1986 Adjustment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250, EJM:sg September 16, 2011
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.