Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate fee simple title in and to real estate in connection with the Sidewalk Installation Program COTA Routes, Project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action is requested to allow right-of-way acquisition-related activities previously authorized by the Ohio Department of Transportation to be initiated by the City Attorney's Office, Real Estate Division, as soon as possible so that right-of-way acquisition and utility relocation can be completed and certified to the State of Ohio on or before March 1, 2007, as required by the above-referenced Real Estate Agreement
Title
To declare the necessity and intent to appropriate fee simple title in and to real estate in connection with the Sidewalk Installation Program COTA Routes, Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Sidewalk Installation Program COTA Routes, Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate fee simple title in and to 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 fee simple title in and to the following described real estate necessary for the Sidewalk Installation Program COTA Routes Project, #530790 (aka 595010),, 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:
PARCEL 19-WD
Situated in the State of Ohio, Franklin County, City of Columbus, and being a part of Quarter Township 3, Township 2, Range 17, United States Military Lands, and being a remaining portion of that 102.558 acre tract as conveyed to FOREST HILLS COMPANY, by deed of record in DB 2763 PG. 345 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the centerline intersection of Dublin-Granville Road (State Route 161) and Cleveland Avenue and being Cleveland Avenue centerline station 70+00.00;
Thence North 03° 33' 00" East, a distance of 62.09 feet, along the centerline of said Cleveland Avenue, to a point at centerline station 70+62.09;
Thence South 86° 27' 00" East, a distance of 40.00 feet, to a point of intersection of the northerly right-of-way line of Dublin-Granville Road and the easterly right-of-way line of Cleveland Avenue, 40.00 feet right of centerline station 70+62.09, and being the TRUE POINT OF BEGINNING;
Thence North 03° 33' 00" East, a distance of 19.65 feet, along the easterly right-of-way line of Cleveland Avenue, to a point, 40.00 feet right of centerline station 70+81.74;
Thence South 72° 25' 00" East, a distance of 11.66 feet, along the northerly line of a remaining portion of the said 102.558 acre Forest Hills Company tract common with the southerly property line of Fifth Third Bank of Columbus by deed of record in O.R. 31345 I04 to an iron pin set, 51.31 feet right of centerline station 70+78.91;
Thence South 01° 23' 12" West, a distance of 19.12 feet, through said remaining portion of the 102.558 acre Forest Hills Company tract, to an iron pin set on the southerly line of said remaining portion of the 102.558 acre Forest Hills Company tract, common with northerly line of a 2.185 acre right-of-way take as conveyed to the State of Ohio by deed of record in DB 3412 PG. 578, at a point 52.04 feet right of centerline station 70+59.74;
Thence North 75° 43' 31" West, a distance of 12.25 feet, along the southerly line of said remaining portion of the 102.558 acre Forest Hills Company tract, common with northerly line of a 2.185 acre right-of-way take as conveyed to the State of Ohio by deed of record in DB 3412 PG. 578 to the TRUE POINT OF BEGINNING, containing 0.005 acres, more or less.
Bearings in the above description are based on a series of GPS observations made by ADR & Associates, Ltd. on March 13, 2003, using the State Plane Coordinate System, Ohio South Zone, NAD83, between the Franklin County Geodetic Survey Control Monuments Clark 1928/1982 and Clark Azimuth having a bearing of North 0° 39' 58" East .
All iron pins set shall be 5/8 inch rebar, 30 inches long and having a red plastic cap reading "City of Columbus Right-of-Way Marker".
Brian D. Smart Date
Professional Surveyor S-7611
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 state 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.