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 Morse Road 36" Water Main Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Water, Water Limited Fund.
Emergency Justification: Emergency action is requested in order to provide for the immediate acquisition of real property interests within the time frame established by the Division of Water
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 Morse Road 36" Water Main 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 Morse Road 36" Water Main Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 400X-2003, on the 15th day of December, 2003, 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 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Morse Road 36" Water Main Project, #690474, 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:
PARCEL 1P - 0.7316 Ac.
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 17, United States Military Lands and being a 40.00 foot wide, 0.7316 acre Permanent Waterline Easement and being out of that original 30.234 acre tract of land conveyed to Ben W. Hale, Jr., Trustee, recorded in Official Record 34299G14, all references refer to records of the Recorder's Office, Franklin County, Ohio, and being more particularly bounded and described as follows:
Commencing at the intersection of the centerline of Morse Road with the centerline of Hamilton Road, said intersection being marked by Franklin County Monument No. 6616;
Thence North 86° 20' 56" West, with the centerline of said Morse Road a distance of 858.69 feet to the southeast corner of a 5.78 acre tract conveyed to the City of Columbus in Deed Volume 2929, Page 99;
Thence North 03° 39' 04" East along the easterly line of said 5.78 acre City of Columbus tract, (passing through the northerly right-of-way line of said Morse Road and the southwest corner of said 30.234 acre Hale tract at 60.00 feet) a distance of 303.00 feet to the southwest corner of the herein described 0.7316 acre Permanent Waterline Easement and the True Point of Beginning for this description;
Thence North 03° 39' 04" East along the easterly line of said 5.78 acre City of Columbus tract, and the westerly line of said 30.234 acre Hale tract a distance of 40.00 feet;
Thence through said 30.234 acre Hale tract the following three (3) courses:
1. South 86° 41' 48" East, 796.60 feet to the westerly right-of-way line of Hamilton Road, (said right-of-way line being 60.00 feet westerly of as measured perpendicular to and parallel with, the centerline of said road) and the easterly line of said 30.234 acre Hale tract;
2. South 3° 18' 12" West, with said common right-of-way and Hale line a distance of 40.00 feet;
3. North 86° 41' 48" West, 796.84 to the True Point of Beginning for this description.
The above-described Permanent Waterline Easement contains 0.7316 acres of land more or less.
Bearings contained herein are based on the Ohio State Plane Coordinate System NAD 83 South Zone. Control for bearings was from coordinates of Monuments Frank 69 and Frank 169 established by the Franklin County Engineering Department using Global Positioning System procedures and equipment.
This description was prepared from an actual survey in the field and deed records in March 2003, and is correct to the best of my knowledge.
The above description was prepared by the City of Columbus, Division of Water, James B. Uhlenhake, Professional Surveyor No. 5622.
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 One Hundred Thirty Thousand Dollars ($130,000.00).
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.