Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Big Walnut Sanitary Trunk Extension Project.Fiscal Impact: Funding for this project is from the Department Public Utilities, Division of Sewerage and Drainage, Sewer System Permanent Improvement Fund.Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Big Walnut Sanitary Trunk Extension Project, to authorize the expenditure of $31,300.00 from the Sewer System Permanent Improvement Fund and to declare an emergency. ($31,300.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Big Walnut Sanitary Trunk Extension Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 94X-2002, on the 20th day of May, 2002, 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 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Big Walnut Sanitary Trunk Extension Project, #650033, 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:
1P Casa 94, LP
Permanent Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 2, Range 17, United States Military Lands and being 0.040 acres within a 10.780 acre tract conveyed to Casa 94, L.P. of record in Official Record 2884E03 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at an iron pipe found at a northeasterly corner of said 10.780 acre tract, at a southerly corner of a 72.705 acre tract conveyed to Wickford Company, Inc. of record in Official Record 11507C12, and in the northerly right-of-way of Turtle Station (60' R\W);
Thence along the northerly right-of-way of Turtle Station, North 83°06'26" West a distance of 29.80 feet to a point of curvature;
Thence continuing along the northerly right-of-way of Turtle Station, with a curve to the left having a radius of 329.98 feet, a central angle of 39°58'10", and a chord that bears South 76°54'28" West a chord distance of 225.55 feet to the True Point of Beginning;
Thence continuing along the northerly right-of-way of Turtle Station, with a curve to the left having a radius of 329.98 feet, a central angle of 06°46'26", and a chord that bears South 53°32'09" West a chord distance of 38.99 feet to a point;
Thence crossing through said 10.780 acre tract, South 84°23'49" West a distance of 74.18 feet to the easterly line of an existing 20' sewer easement of record in Deed Book 3289, Page 228;
Thence along the easterly line of said existing 20' sewer easement, North 15°21'09" East a distance of 21.42 feet to a point;
Thence crossing through said 10.780 acre tract, North 84°23'49" East a distance of 99.99 feet to the True Point of Beginning and containing 0.040 acres (1727 square feet), more or less.
1T
Temporary Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 4, Township 2, Range 17, United States Military Lands and being 0.456 acres within a 10.780 acre tract conveyed to Casa 94, L.P. of record in Official Record 2884E03 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at an iron pipe found at a northeasterly corner of said 10.780 acre tract, at a southerly corner of a 72.705 acre tract conveyed to Wickford Company, Inc. of record in Official Record 11507C12, and in the northerly right-of-way of Turtle Station (60' R\W);
Thence along the northerly right-of-way of Turtle Station, North 83°06'26" West a distance of 29.80 feet to a point of curvature;
Thence continuing along the northerly right-of-way of Turtle Station, with a curve to the left having a radius of 329.98 feet, a central angle of 26°49'03", and a chord that bears South 83°29'03" West a chord distance of 153.04 feet to the True Point of Beginning;
Thence continuing along the northerly right-of-way of Turtle Station, with a curve to the left having a radius of 329.98 feet, a central angle of 33°48'17", and a chord that bears South 53°10'22" West a chord distance of 191.88 feet to a point;
Thence crossing through said 10.780 acre tract, North 52°13'37" West a distance of 80.20 feet to a point;
Thence crossing through said 10.780 acre tract, North 33°44'47" East a distance of 38.00 feet to a point;
Thence crossing through said 10.780 acre tract, North 74°30'41" East a distance of 65.55 feet to a point;
Thence crossing through said 10.780 acre tract, North 15°29'19" West a distance of 70.77 feet to a point;
Thence crossing through said 10.780 acre tract, North 70°04'31" East a distance of 125.00 feet to a point;
Thence crossing through said 10.780 acre tract, South 19°55'29" East a distance of 100.00 feet to the True Point of Beginning and containing 0.456 acres, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
The above descriptions were prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
DLZ Ohio, Inc., By: ______________________________________
Robert A. Bosworth, P.S. 7750 Date
Section 2. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Big Walnut Sanitary Trunk Extension Project, #650033, 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:
7P-ST1
Andrew E. and Elaine Starinchak
Subterranean Tunnel (Subsurface) Easement No. 1 - EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 829.5 AND 794.5:
Situated in the State of Ohio, County of Franklin, Township of Blendon, being located in Section 1, Township 2, Range 17, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within a 7.91 acre tract conveyed to Andrew E. and Elaine Starinchak of record in Deed Book 3166, Page 221 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at an iron pin found at a corner of said 7.91 acre tract and a northerly corner of a 46.56 acre tract conveyed to C. Kenneth and Annabell Smith of record in Deed Book 3303, Page 151;
Thence along a line of said 7.91 acre tract and a line of said 46.56 acre tract, South 03°07'34" West a distance of 202.20 feet to the True Point of Beginning;
Thence continuing along said property line, South 03°07'34" West a distance of 25.08 feet to a point;
Thence crossing through said 7.91 acre tract with a curve to the right having a radius of 1010.00 feet, a central angle of 12°24'48", and a chord that bears South 62°30'31" West a chord distance of 218.39 feet to the southerly line of said 7.91 acre tract and a northerly line of said 46.56 acre tract;
Thence along the southerly line of said 7.91 acre tract and a northerly line of said 46.56 acre tract, North 85°36'19" West a distance of 48.37 feet to a point;
Thence crossing through said 7.91 acre tract with a curve to the left having a radius of 990.00 feet, a central angle of 15°17'44", and a chord that bears North 63°35'28" East a chord distance of 263.50 feet to a point;
Thence crossing through said 7.91 acre tract, North 55°56'36" East a distance of 8.84 feet to the True Point of Beginning;
Said easement contains a volume of 171,920 cubic feet, more or less, and the area of the horizontal plane at elevation 794.5 contains 0.113 acres (4912 square feet), more or less.
7P-ST2
Subterranean Tunnel (Subsurface) Easement No. 2 - EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 829.5 AND 794.5:
Situated in the State of Ohio, County of Franklin, Township of Blendon, being located in Section 1, Township 2, Range 17, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within a 7.91 acre tract conveyed to Andrew E. and Elaine Starinchak of record in Deed Book 3166, Page 221 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Commencing for reference at an iron pin found at a corner of said 7.91 acre tract and a northerly corner of a 46.56 acre tract conveyed to C. Kenneth and Annabell Smith of record in Deed Book 3303, Page 151;
Thence along a line of said 7.91 acre tract, a line of said 46.56 acre tract, and the northerly line of a 11.68 acre tract conveyed to Kermit J. and Charlotte M. Mobley of record in Deed Book 2056, Page 147, South 86°42'19" East a distance of 265.53 feet to the True Point of Beginning;
Thence crossing through said 7.91 acre tract, North 55°56'36" East a distance of 29.88 feet to the northerly line of said 7.91 acre tract and the southerly line of a 56.581 acre tract conveyed to William R., Jr. and Mae L. McCorkle, Co-Trustees of record in Official Record 31533-J10;
Thence along the northerly line of said 7.91 acre tract and the southerly line of said 56.581 acre tract, South 86°28'05" East a distance of 32.79 feet to a point;
Thence crossing through said 7.91 acre tract, South 55°56'36" West a distance of 29.66 feet to a line of said 7.91 acre tract and the northerly line of said 11.68 acre tract;
Thence along a line of said 7.91 acre tract and the northerly line of said 11.68 acre tract, North 86°42'19" West a distance of 32.97 feet to the True Point of Beginning;
Said easement contains a volume of 20,825 cubic feet, more or less, and the area of the horizontal plane at elevation 794.5 contains 0.014 acres (595 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
The above descriptions were prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
DLZ Ohio, Inc. By: ________________________________________________
Robert A. Bosworth, P.S. 7750 Date
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said construction and permanent easements as follows:
1. 1P, T $29,300.00
2. 7P-ST1, 7P-ST2 $2,000.00
Section 5. 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 6. That the expenditure of $31,300.00, or so much thereof as may be necessary for the Big Walnut Sanitary Trunk Extension Project, #650033, from the Sewer System Permanent Improvement Fund, 671, Dept./Div. 60-05, OCA Code 671033, Object Level Three 6601, AC #020709-001, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. 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.