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 Upground Reservoir Project.
Fiscal Impact:
N/A
Emergency Justification: N/A
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Upground Reservoir Project.
Body
WHEREAS, the City of Columbus is engaged in the Upground Reservoir Project; and,
WHEREAS, in the usual daily operation of the Department of Public Utilities, Division of Water, in that it is 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; 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 Upground Reservoir Project, Project #690370, 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:
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Description of an Easement Area
Situated in the State of Ohio, County of Delaware, Township of Thompson, being a part of Clark's Virginia Military Survey No. 5750, and being an easement area over and across a 2.179 acre tract as described in a deed to Edward Zimmerman III and Loretta S. Zimmerman, as recorded in Deed Book 513, Page 396, on file at the Recorder's Office, Delaware County, Ohio, said easement area being more particularly bounded and described as follows:
Commencing for reference at a point in the centerline of Mooney Road, said point being the southeasterly corner of the said 2.179 acre tract;
Thence North 53°40'19" West, along the southerly line of the said 2.179 acre tract, a distance of 36.13 feet to a point in the existing westerly right of way line for Mooney Road, said point being the True Place of Beginning for the herein described easement area:
Thence North 53°40'19" West, continuing along the southerly line of the said 2.179 acre tract, a distance of 61.83 feet to a point;
Thence North 46°27'27" East, over and across the said 2.179 acre tract, a distance of 72.60 feet to a point in the existing westerly right of way line for Mooney Road;
Thence South 02°27'27" West, continuing over and across the said 2.179 acre tract, along the existing westerly right of way line for Mooney Road, a distance of 85.80 feet to the True Place of Beginning.
The above easement description contains 2197 square feet (0.050 acre) over Auditor's Parcel No. 10030001027000.
The bearings described herein are referenced to the North American Datum of 1988 and were established using a GPS observation between NGS monuments "16-00003" and "16-00004".
The above description was prepared under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159, from an actual field survey performed by ms consultants, inc. and from record documents on file at the Recorder's Office, Delaware County, Ohio. ms consultants, inc.
John L. Price, Registered Professional Surveyor No. 7159
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Description of an Easement Area
Situated in the State of Ohio, County of Delaware, Township of Thompson, being a part of Clark's Virginia Military Survey No. 5750, and being an easement area over and across a 108.75 acre tract described as Tract III in a deed to Whaneta J. Barnes, et. al., as recorded in Deed Book 493, Page 62, on file at the Recorder's Office, Delaware County, Ohio, said easement area being more particularly bounded and described as follows:
Beginning at a railroad spike found at an angle point in Mooney Road, said point being an easterly corner of the said 108.75 acre tract;
Thence South 02°33'51" West, along the centerline of Mooney Road, along the easterly line of the said 108.75 acre tract, a distance of 1642.33 feet to the southeasterly corner of the said 108.75 acre tract;
Thence South 77°15'28" West, along the southerly line of the said 108.75 acre tract, a distance of 82.94 feet to a point;
Thence crossing the said 108.75 acre tract by the following two (2) described courses:
North 02°33'51" East, along a line parallel to and 80.00 feet westerly from the centerline of Mooney Road, a distance of 1663.79 feet to an angle point;
North 01°56'19" East, along a line parallel to and 80.00 feet westerly from the centerline of Mooney Road, a distance of 303.02 feet to a point in a northerly line of the said 108.75 acre tract;
Thence North 77°47'56" East, along a northerly line of the said 108.75 acre tract, a distance of 82.50 feet to a point in the centerline of Mooney Road;
Thence South 01°56'19" West, along the centerline of Mooney Road, along the easterly line of the said 108.75 acre tract, a distance of 323.61 feet to the Place of Beginning.
The above easement description contains 157,306 square feet (3.611 acres) over Auditor's Parcel No. 10020001077000, of which, 58978 square feet (1.353 acres) lies within existing right-of-way.
The bearings described herein are referenced to the North American Datum of 1988 and were established using a GPS observation between NGS monuments "16-00003" and "16-00004".
The above description was prepared under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159, from an actual field survey performed by ms consultants, inc. and from record documents on file at the Recorder's Office, Delaware County, Ohio. ms consultants, inc. John L. Price
Registered Professional Surveyor No. 7159
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Description of an Easement Area
Situated in the State of Ohio, County of Delaware, Township of Thompson, being a part of Clark's Virginia Military Survey No. 3021, and being an easement area over and across a 102.157 acre tract described as Tract III in a deed to Whaneta J. Barnes, et. al., as recorded in Deed Book 613, Page 706, on file at the Recorder's Office, Delaware County, Ohio, said easement area being more particularly bounded and described as follows:
Beginning at an iron pin found at a an angle point in Mooney Road, said point being an easterly corner of the said 102.157 acre tract;
Thence South 01°56'19" West, along the centerline of Mooney Road, along the easterly line of the said 102.157 acre tract, a distance of 804.50 feet to a southeasterly corner of the said 102.157 acre tract;
Thence South 77°47'56" West, along a southerly line of the said 102.157 acre tract, a distance of 82.50 feet to a point;
Thence crossing the said 102.157 acre tract by the following two (2) described courses:
North 01°56'19" East, along a line parallel to and 80.00 feet westerly from the centerline of Mooney Road, a distance of 826.37 feet to an angle point;
North 46°56'19" East, a distance of 112.54 feet to a point located in the centerline of Mooney Road;
Thence South 01° 38'22" West, along the centerline of Mooney Road, along the easterly line of the said 102.157 acre tract, a distance of 81.29 feet to the Place of Beginning.
The above easement description contains 68,486 square feet (1.572 acres) over Auditor's Parcel No. 10020001084000, of which, 26,248 square feet (0.602 acre) lies in existing right-of-way.
The bearings described herein are referenced to the North American Datum of 1988 and were established using a GPS observation between NGS monuments "16-00003" and "16-00004".
The above description was prepared under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159, from an actual field survey performed by ms consultants, inc. and from record documents on file at the Recorder's Office, Delaware County, Ohio.
ms consultants, inc. John L. Price
Registered Professional Surveyor No. 7159
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Description of an Easement Area
Situated in the State of Ohio, County of Delaware, Township of Thompson, being a part of Clark's Virginia Military Survey No. 3021, and being an easement area over and across a 50 acre tract described as Tract VI in a deed to Whaneta J. Barnes, et. al., as recorded in Deed Book 451, Page 768, on file at the Recorder's Office, Delaware County, Ohio, said easement area being more particularly bounded and described as follows:
Beginning at a railroad spike found at the northwesterly corner of the said 50 acre tract, said point being located in the centerline of Mooney Road;
Thence South 88°23'35" East, along the northerly line of the said 50 acre tract, a distance of 80.00 feet to a point;
Thence crossing the said 50 acre tract by the following two (2) described courses:
South 01°38'22" West, along a line parallel to and 80.00 feet easterly from the centerline of Mooney Road, a distance of 1036.27 feet to an angle point;
South 46°38'22" West, a distance of 113.14 feet to a point in the westerly line of the said 50 acre tract, said point being located in the centerline of Mooney Road;
Thence North 01°38'22" East, along the centerline of Mooney Road, along the westerly line of the said 50 acre tract, a distance of 1116.23 feet to the Place of Beginning.
The above easement description contains 86,102 square feet (1.976 acres) over Auditor's Parcel Number 10020001086000, of which, 33,039 square feet (0.758 acre) lies in existing right-of-way.
The bearings described herein are referenced to the North American Datum of 1988 and were established using a GPS observation between NGS monuments "16-00003" and "16-00004".
The above description was prepared under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159, from an actual field survey performed by ms consultants, inc. and from record documents on file at the Recorder's Office, Delaware County, Ohio. John L. Price Registered Professional Surveyor No. 7159
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Description of an Easement Area
Situated in the State of Ohio, County of Delaware, Township of Thompson, being a part of Clark's Virginia Military Survey Number 3021 and being an easement area over and across a 128 acre tract as described in a deed to Whaneta Jean Ackley, as recorded in Deed Book 205, Page 473, all records referenced are on file at the Recorder's Office, Delaware County, Ohio, said easement area being more particularly described as follows:
Beginning at the southeasterly corner of the said 128 acre tract, said point being at an angle point in the centerline of Hoskins Road, said point being South 02°08'16" West, a distance of 4.52 feet from an iron pipe found;
Thence North 78°55'45" West, along the centerline of Hoskins Road, along the southerly line of the said 128 acre tract, a distance of 1596.41 feet to the southwesterly corner of the said 128 acre tract;
Thence North 02°17'11" East, along the westerly line of the said 128 acre tract, a distance of 188.08 feet to a point;
Thence crossing the said 128 acre tract by the following two (2) described courses:
South 33°55'45" East, a distance of 149.73 feet to an angle point;
South 78°55'45" East, along a line parallel to and 80.00 feet northerly from the centerline of Hoskins Road, a distance of 1506.68 feet to a point in the easterly line of the said 128 acre tract;
Thence South 02°08'16" West, along the easterly line of the said 128 acre tract, a distance of 80.98 feet to the Place of Beginning.
The above easement description contains an area of 132,440 square feet (3.040 acres) in Auditor's Parcel No. 10020001089000, of which, 47,897 square feet (1.099 acres) lies within the existing right-of-way.
The bearings described herein are referenced to the North American Datum of 1988 and were established using a GPS observation between NGS monuments "16-00003" and "16-00004".
The above description was prepared under the direct supervision of John L. Price, Ohio Registered Professional Surveyor No. 7159, from an actual field survey performed by ms consultants, inc. and from record documents on file at the Recorder's Office, Delaware County, Ohio.
John L. Price Registered Professional Surveyor No. 7159
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EXHIBIT "A"
DESCRIPTION OF AN AREA BENEATH
THE WATERS OF THE SCIOTO RIVER
Situated in the State of Ohio, County of Delaware, Township of Radnor, being a part of Quarter Township 2, Township 6, Range 20 of the United States Military Lands, and being an area of land located beneath the water of the Scioto River belonging to the owner of that 6.813 acre tract as described in a deed to Andes Liu and Evan Binkley, of record in Official Record Volume 633, Page 2549, all records referenced are on file with the Recorder's Office, Delaware County, Ohio, said area of land located beneath the water of the Scioto River being more particularly bounded and described as follows:
Beginning at an iron pin found at a southwesterly corner of the said 6.813 acre tract, being the northwesterly corner of that 5.040 acre tract as described in a deed to Paul V. Bukky, of record in Official Record Volume 565, Page 893, said iron pin found being on the easterly bank of the Scioto River;
Thence South 72°03'24" West, along a line perpendicular to the centerline of the Scioto River, a distance of 93.88 feet to a point in the existing centerline of said Scioto River;
Thence North 17°56'36" West, along the existing centerline of said Scioto River and meanders thereof, a distance of 232.82 feet to an angle point;
Thence North 14°13'43" West, continuing along the existing centerline of said Scioto River and meanders thereof, a distance of 150.68 feet to a point;
Thence North 77°15'57" East, along a line perpendicular from the centerline of the Scioto River, a distance of 94.49 feet to the northwesterly corner of said 6.813 acre tract;
Thence South 16°24'59" East, along the easterly line of said 6.813 acre tract, a distance of 374.74 feet to the TRUE PLACE OF BEGINNING and containing an area of 36,790 square feet of land beneath the waters of the Scioto River.
The bearings referenced herein are based on grid north, derived from the Ohio State Plane Coordinate System, North Zone, NAD 83 (86), as established using a GPS survey on NGS monuments 16-0003 and 16-0004.
The above description was prepared by John L. Price, Ohio Registered Professional Surveyor No. 7159 from an actual field survey performed and from record documents on file at the Recorder's Office, Delaware County, Ohio. ms consultants, inc. John L. Price Registered Professional Surveyor No. 7159
9T
DESCRIPTION OF A TEMPORARY EASEMENT
EAST OF RIVER ROAD, SOUTH OF CURREN ROAD
Situated in the State of Ohio, County of Delaware, Township of Radnor, being a part of Quarter Township 2, Township 6, Range 20 of the United States Military Lands, and being a temporary easement area located in that 6.813 acre tract as described in a deed to Andes Liu and Evan Binkley, of record in Official Record Volume 633, Page 2549, all records referenced are on file at the Recorder's Office, Delaware County, Ohio, said temporary easement area being further bounded and described as follows:
Commencing for reference from an iron pin found at a southwesterly corner of the said 6.813 acre tract, being the northwesterly corner of that 5.040 acre tract as described in a deed to Paul V. Bukky, of record in Official Record Volume 565, Page 893, said iron pin found being on the easterly bank of the Scioto River;
Thence South 85°58'34" East, along a northerly line of the said 5.040 acre tract, along the southerly line of the said 6.813 acre tract, a distance of 52.73 feet to a point in the existing easterly right of way line for River Road;
Thence North 17°19'58" West, into said 6.813 acre tract, along the existing easterly right of way line for River Road, a distance of 84.89 feet to the TRUE PLACE OF BEGINNING for the temporary easement herein described:
Thence North 72°27'02" East, continuing through said 6.813 acre tract, a distance of 75.09 feet to a point;
Thence North 17°32'58" West, continuing through said 6.813 acre tract, a distance of 50.00 feet to a point;
Thence South 72°27'02" West, continuing through said 6.813 acre tract, a distance of 74.91 feet to a point in the existing easterly right of way line for River Road;
Thence South 17°19'58" East, continuing through said 6.813 acre tract, along the existing easterly right of way line for River Road, a distance of 50.00 feet to the TRUE PLACE OF BEGINNING and containing an area of 3,750 square feet in Delaware County Auditor's Parcel Number 62020001023004.
The bearings referenced herein are based on grid north, derived from the Ohio State Plane Coordinate System, North Zone, NAD 83 (86), as established using a GPS survey on NGS monuments 16-0003 and 16-0004.
The above description was prepared by John L. Price, Ohio Registered Professional Surveyor No. 7159 from an actual field survey performed and from record documents on file at the Recorder's Office, Delaware County, Ohio.
John L. Price Registered Professional Surveyor No. 7159
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 this resolution shall take effect and be in force from and after the earliest period allowed by law.