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 Beluah Road Trunk Sewer Rehabilitation Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested in order to allow this project to be completed without delay in accordance with the provisions of an existing consent order between the City and the Ohio Attorney General's Office. Failure to adhere to the project schedule contained within the consent order will make the City liable for stipulated fines.
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 Beluah Road Trunk Sewer Rehabilitation 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 Beluah Road Trunk Sewer Rehabilitation Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0070X-2006, on the 24th 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 Public Utilities, Division of Sewerage and Drainage, 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 Beluah Road Trunk Sewer Rehabilitation Project, #650625, 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:
2P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a ten (10) foot wide permanent sanitary sewer easement across the south side of lot no. 14 conveyed to Martha K. Nemoto, Trustee, by deed of record in Official Record 24905I15, (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 14 being a part of the Highlands Cliff Addition of record in Plat Book 7, Page 198, said ten (10) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point being the southwesterly corner of said lot no.14, the southeasterly corner of lot no. 13 (of the said Highlands Cliff Subdivision) conveyed to V. Randall Flora by deed of record in Official Record 002437F12 and being in the northerly line of a 12.645 acre tract conveyed to the Board of Education of Columbus City School District by deed of record in Deed Book 660 Page 102, thence,
North 08º31'17 West a distance of 10.13 feet along the westerly line of said lot no. 14 and the easterly line of said lot no. 13 to a point; thence
North 72º08'26" East a distance of 40.48 feet across said lot no. 14 to a point in the easterly line of said lot no. 14 and the westerly line of lot no. 15 (of the said Highlands Cliff Subdivision) conveyed to Jan H. O'Heron by deed of record in Official Record 28297E11; thence
South 08º30'00" East a distance of 10.13 feet along the easterly line of said lot no. 14 and the westerly line of said lot no. 15 to a point being the southeasterly corner of said lot no. 14, the southwesterly corner of said lot no. 15 and being in the northerly line of the said 12.645 acre tract; thence
South 72º08'26" West a distance of 40.48 feet along the southerly line of said lot no.14 and northerly line of the said 12.645 acre tract to the place of beginning, containing 0.0096 acres (404.82 square feet), more or less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in May, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
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 Four Hundred Sixty Six Dollars ($466.00).
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, 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.