Explanation
Background:
The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the West Columbus Local Protection Project.
Fiscal Impact:
Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Flood Control Scioto River Fund.
Emergency Justification: Emergency action has been requested to allow for the immediate filing of the necessary complaints for the appropriation of such real property interests identified herein, for the preservation of the public health, peace, property, safety, and welfare.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the West Columbus Local Protection 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 West Columbus Local Protection Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 031X-2004, on the 23rd day of February, 2004, 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, for the preservation of the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title in and to the following described real property, be appropriated for the public purpose of the West Columbus Local Protection Project, #610892, 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 Code (1959), Chapter 909;
68WD
Situated in the State of Ohio, County of Franklin, Township of Franklin, City of Columbus, Virginia Military Survey 420, and being a part of a tract of land last recorded in the name of Janet M. Fletcher as recorded in Official Record 26553, Page H-13, Franklin County Recorder's Office and being more particularly described as follows:
Beginning at a point being the intersection of the Southerly line of the Janet M. Fletcher tract and the West right of way line of I-71;
Thence, with the Southerly line of the Janet M. Fletcher tract, North 76º26'20" West a distance of 52.21 feet to an iron pin found with aluminum cap marked "3R1-203";
Thence, leaving the Southerly line of the Janet M. Fletcher tract, North 65º46'12" East a distance of 47.42 feet to an iron pin found with an aluminum cap marked "3-R1-202";
Thence, North 9º06'41" East a distance of 19.68 feet to an iron pin with aluminum cap marked "3R1-33";
Thence, North 23º52'34" East, a distance of 30.98 feet to an iron pin found with aluminum cap marked "3BC-86";
Thence, North 9º47'16" East, a distance of 722.02 feet to an iron pin found with aluminum cap marked "3BC-66";
Thence, North 11º48'25" East a distance of 6.93 feet to a point on the Northerly line of Janet M. Fletcher;
Thence, with said Northerly line of Janet M. Fletcher, South 77º32'54" East a distance of 1.27 feet to a point being the intersection of the Northerly line of Janet M. Fletcher and the Westerly right of way line of I-71;
Thence, with said right of way line of I-71, South 9º31'45" West a distance of 860.00 feet returning to the Point of Beginning.
Containing 0.092 acre more or less.
Bearings and distances are based on the Ohio State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio Revised Code, Section 157.01 inclusive). Grid factor used to reduce distances for this description is 0.9999507. True North bears 00º21'01" West of Grid North.
The attached plat shall be an integral part of this description and is not to be separated therefrom.
This description is based on an actual field survey performed by Beling Consultants, Inc. in March 1997.
By Jay A. Muether, Registered Surveyor No. 7091
69WD
Situated in the State of Ohio, County of Franklin, Township of Franklin, City of Columbus, Virginia Military Survey 420, and being a part of a parcel of land owned by Janet M. Fletcher as described in Official Record Book 26553, Page H13, and being more particularly described as follows:
Commencing at an iron pin found at the intersection of the Southerly line of the Janet M. Fletcher tract and the Westerly right of way line of I-71;
Thence, with said Southerly line of Janet M. Fletcher, North 76º26'20" West a distance of 52.21 feet to an iron pin with aluminum cap marked "3R1-203" and being the True Point of Beginning of the parcel being described;
Thence, continuing with said Southerly line of Janet M. Fletcher, North 76º26'20" West a distance of 40.64 feet to an iron pin with aluminum cap marked "3BC-77";
Thence, North 9º25'57" East, a distance of 73.04 feet to a point designated "3BC-83";
Thence, South 80º33'56" East, a distance of 87.73 feet to an iron pin found with aluminum cap marked "3BC-86";
Thence, South 23º52'34" West a distance of 30.98 feet to an iron pin found with aluminum cap "3R1-33";
Thence, South 9º06'41" West a distance of 19.68 feet to an iron pin found with aluminum cap marked "3R1-202";
Thence, South 65º46'12" West a distance of 47.42 feet returning to the Point of Beginning.
Containing 0.129 acres more or less.
Bearings and distances are based on the Ohio State Plane Coordinate System, NAD 1927, South Zone (Page's Ohio Revised Code, Section 157.01 to 15.07 inclusive). Grid factor used to reduce distances for this description is 0.9999507. True North bears 00º21'01" West of Grid North.
The attached plat shall be an integral part of this description and is not to be separated therefrom.
This description is based on an actual field survey performed by Beling Consultants, Inc. in March 1997.
By Jay A. Muether, Registered Surveyor No. 7091
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 City Attorney be and he 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 4. 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.