Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue 36" Water Main.
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 in order to meet the Division of Water's construction schedule.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue 36" Water Main, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the McKinley Avenue 36" Water Main; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is immediately necessary to declare the necessity and intent to appropriate permanent and construction 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 and construction easements in, over, under and through the following described real estate necessary for the McKinley Avenue 36" Water Main, Project #690448, 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:
DESCRIPTION OF A 0.131 ACRE WATERLINE EASEMENT
LOCATED SOUTH OF DUBLIN ROAD AND
EAST OF DUNLAVIN GLEN ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey 547, and being a 0.131 acre Waterline Easement that lies over and across a 24.743 acre tract (Parcel R) and part of a 20.316 acre tract (Parcel S) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office Franklin County, Ohio, said 0.131 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point at the centerline intersection of Dublin Road and Dunlavin-Glen Road;
Thence North 67°19'16" East, a distance of 133.19 feet, along the centerline of said Dublin Road, to a point;
Thence South 22°40'44" East, a distance of 40.00 feet, over and across said Dublin Road, to a point in the southerly right-of-way line of said Dublin Road, said point also being the POINT OF TRUE BEGINNING;
Thence the following two (2) courses and distances along the southerly right-of-way line of said Dublin Road:
1. North 67°19'16" East, a distance of 261.64 feet, to a point;.
2. North 78°39'54" East, a distance of 91.51 feet, to a point;
Thence South 67°19'16" West, a distance of 374.74 feet, over and across said 24.743 acre tract and said 20.316 acre tract, to a point in the southerly right-of-way line of said Dublin Road;
Thence North 29°43'28" East, a distance of 29.50 feet, along the southerly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING, containing 0.131 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
DESCRIPTION OF A 0.015 ACRE WATERLINE EASEMENT
LOCATED EAST OF DUBLIN ROAD AND
NORTH OF TRABUE ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.015 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.015 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Thence North 48°06'14" West, a distance of 72.10 feet, along the easterly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence the following two (2) courses and distances along the easterly right-of-way lines of said Dublin Road:
1. North 48°06'14" West, a distance of 35.94 feet, to a point;
2. North 41°53'46" East, a distance of 35.93 feet, to a point;
Thence South 03°06'24" East, a distance of 50.82 feet, over and across said 2.409 acre tract, to the POINT OF TRUE BEGINNING, containing 0.015 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
DESCRIPTION OF A 0.019 ACRE WATERLINE EASEMENT
LOCATED EAST OF DUBLIN ROAD AND
NORTH OF TRABUE ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.019 acre Waterline Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.019 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Thence the following three (3) courses and distances along the easterly right-of-way lines of said Dublin Road:
3. North 48°06'14" West, a distance of 108.04 feet, to a point;
4. North 41°53'46" East, a distance of 40.00 feet, to a point;
5. North 48°06'14" West, a distance of 4.07 feet, to the POINT OF TRUE BEGINNING;
Thence North 48°06'14" West, a distance of 67.64 feet, continuing along the easterly right-of-way line of said Dublin Road, to a point;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 86°53'36" East, a distance of 22.24 feet, to a point;
2. South 48°06'24" East, a distance of 36.18 feet, to a point;
3. South 03°06'24" East, a distance of 22.25 feet, to the POINT OF TRUE BEGINNING, containing 0.019 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
________________________________
Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
DESCRIPTION OF A 0.048 ACRE TEMPORARY EASEMENT
LOCATED EAST OF DUBLIN ROAD AND
NORTH OF TRABUE ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 544 and being a 0.048 acre Temporary Easement that lies over and across a 2.409 acre tract (Parcel E) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.048 acre Temporary Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 2.409 acre tract and an original 108 acre tract conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 D15, said point also being in the easterly right-of-way line of Dublin Road;
Then North 48°06'14" West, a distance of 57.96 feet, along the easterly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence North 48°06'14" West, a distance of 14.14 feet, continuing along the easterly right-of-way line of said Dublin Road, to a point;
Thence North 03°06'24" West, a distance of 50.82 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way line of said Dublin Road:
1. North 41°53'46" East, a distance of 4.07 feet, to a point;
2. North 48°06'14" West, a distance of 4.07 feet, to a point;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 03°06'24" West, a distance of 22.25 feet, to a point;
2. North 48°06'24" West, a distance of 36.18 feet, to a point;
3. South 86°53'36" West, a distance of 22.24 feet, to a point in the easterly right-of-way line of said Dublin Road;
Thence the following two (2) courses and distances along the easterly right-of-way line of said Dublin Road:
1. North 48°06'14" West, a distance of 8.29 feet, to a point;
2. South 41°53'46" West, a distance of 8.30 feet, to a point;
Thence South 86°53'36" West, a distance of 44.83 feet, over and across said 2.409 acre tract, to a point in the easterly right-of-way line of said Dublin Road;
Thence North 48°06'14" West, a distance of 14.14 feet, along the easterly right-of-way line of said Dublin Road;
Thence the following three (3) courses and distances over and across said 2.409 acre tract:
1. North 86°53'36" East, a distance of 92.95 feet, to a point;
2. South 48°06'24" East, a distance of 44.46 feet, to a point;
3. South 03°06'24" East, a distance of 92.96 feet, to the POINT OF TRUE BEGINNING, containing 0.048 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
________________________________
Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
EXHIBIT A
DESCRIPTION OF
PARCEL 0.050 ACRES
SUBTERRANEAN EASEMENT
TRABUE ROAD
Subterranean (Subsurface) Easement- Extending Vertically Between NAVD 88 Elevations 794.00 and 786.00;
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey No. 530, and being a permanent 0.050 acre subterranean easement area where no structure, or part of a structure, shall extend below elevation 786.00 feet, and being a part of lands conveyed to Pennsylvania Lines LLC by deed of record in Instrument Number 200212180325195, and as shown on the Railroad Valuation Map V-4 Ohio/3 of the Pittsburgh, Cincinnati, Chicago, and St. Louis Railway, records of the Recorder's Office, Franklin County, Ohio and 0.050 acre subterranean easement area being bounded and more particularly described as follows:
Begin for Reference at Franklin County Monument #4433, at the intersection of the existing westerly right-of-way line of said Railroad, with the existing right-of-way centerline of Trabue Road (County Road 27), in the common line between Virginia Military Survey 530 and 544, and being 0.00 feet right of Trabue Road Centerline Station 38+57.92;
Thence South 56°43'57" East, a distance of 35.47 feet along the existing westerly right-of-way line of said Railroad, and along the existing right-of-way line of McKinley Avenue, as recorded in Deed Book 222, Page 142, to the intersection with the existing southerly right-of-way line of said Trabue Road, being 30.00 feet right of Trabue Road Centerline Station 38+77.36;
Thence South 56°12'25" East, a distance of 146.63 feet along the existing westerly right-of-way line of said Railroad, and along the existing right-of-way line of McKinley Avenue, to a point being 154.75 feet right of Trabue Road Centerline Station 3+54.44, and being the Point of True Beginning:
Thence North 33°47'35" East, a distance of 71.94 feet across said Railroad lands, to a point in the existing easterly right-of-way line of said Railroad, being 116.93 feet right of Trabue Road Centerline Station 40+15.64;
Thence South 58°28'33" East, a distance of 30.02 feet along the existing easterly right-of-way line of said Railroad, and along the westerly line of that 29.737 acre tract as conveyed to Marble Cliff Crossing Apartments, LLC, by deed of record in Instrument Number 200107310174871, to a point in the existing easterly right-of-way line of said Railroad, being 141.83 feet right of Trabue Road Centerline Station 40+32.42;
Thence South 33°47'35" West, a distance of 73.13 feet across said Railroad lands, to a point in the existing westerly right-of-way line of said Railroad, and in the existing easterly right-of-way line of said McKinley Avenue, being 180.27 feet right of Trabue Road Centerline Station 39+70.20;
Thence North 56°12'25" West, a distance of 30.00 feet, along the existing westerly right-of-way line of said Railroad, and along the existing easterly right-of-way line of said McKinley Avenue, to the Point of True Beginning.
Said easement contains a volume of the vertical planes between elevations 794.00 and 786.00 contains17405.532 cubic feet, more or less, and the area of the horizontal plane at elevation 794.00 contains 0.050 acres (2175.691 square feet), more or less.
Of the above described area, 0.050 acres is contained within the Franklin County Auditor's Parcel 010-153757 and V.M.S. Number 530;
The bearing datum of the afore-described parcel is based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, 2157.92 feet between Franklin County Monument # 4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, Nad 83.
R.D. ZANDE & ASSOCIATES, INC.
Jeffrey D. Hofius, P.S.
Registered Surveyor No. 7455
DESCRIPTION OF A 0.071 ACRE WATERLINE EASEMENT
LOCATED SOUTH OF DUBLIN ROAD AND
EAST OF DUNLAVIN GLEN ROAD
CITY OF COLUMBUS, FRANKLIN COUNTY, OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey 547, and being a 0.071 acre Waterline Easement that lies over and across a 11.21 acre tract (Parcel Q) and part of a 1.172 acre tract (Parcel O) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, all records herein of the Recorder's Office Franklin County, Ohio, said 0.071 acre Waterline Easement being more particularly described as follows:
BEGIN FOR REFERENCE, at a point in the line common to said 1.172 acre tract and a 24.743 acre tract (Parcel R) conveyed to Specialty Restaurants Corporation, by deed of record in Official Record 6749 A12, said point also being in the southerly right-of-way line of said Dublin Road;
Thence North 56°44'53" East, a distance of 127.71 feet, along the southerly right-of-way line of said Dublin Road, to the POINT OF TRUE BEGINNING;
Thence North 56°44'53" East, a distance of 173.54 feet, continuing along the southerly right-of-way line of said Dublin Road, to a point;
Thence the following three (3) courses and distances over and across said 11.21 acre tract and said 1.172 acre tract:
1. South 28°39'31" West, a distance of 57.34 feet, to a point;
2. South 56°44'53" West, a distance of 56.58 feet, to a point;
3. South 78°53'03" West, a distance of 71.65 feet, to the POINT OF TRUE BEGINNING, containing 0.071 acres, more or less.
The bearings in the above description are based on the bearing of North 66°35'35" East, for the centerline of Trabue Road, as determined by Franklin County Engineer's Monument #4434 and #4433, based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
R.D. ZANDE & ASSOCIATES, INC.
Jeffrey D. Hofius Date
Registered Surveyor No. S-7455
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.