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File #: 0120X-2005    Version: 1
Type: Resolution Status: Passed
File created: 8/12/2005 In control: Safety Committee
On agenda: 9/19/2005 Final action: 9/21/2005
Title: To declare the necessity and intent to appropriate fee simple title in and to real estate in connection with the Idlewild Drive Storm Sewer Project, and to declare an emergency.
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 Idlewild Drive Storm Sewer Project.
 
Fiscal Impact:
 
    N/A
 
Emergency Justification:
Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to take full advantage of this year's construction season.
 
 
Title
 
To declare the necessity and intent to appropriate fee simple title in and to real estate in connection with the Idlewild Drive Storm Sewer Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Idlewild Drive Storm Sewer Project; 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 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 Idlewild Drive Storm Sewer Project, Project # 610973, 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:
 
1WD
(Revised 8-12-05)
 
Situated in the County of Franklin in the State of Ohio, and in the City of Reynoldsburg and bounded and described as follows:
      Being a part of Section No. 14, Township 12, Range 21, Refugee Land, Franklin County, Ohio, and also known as part of Half Section No. 21 and a part of Lot 1, and bounded and described as follows:
      Beginning at an iron spike in the center of Brice Road at the northeast corner of a 10 acre tract of land conveyed by Frank G. Taylor and wife to Martin Sisk, of record in Deed Book 415, page 221, in the Recorder's Office of Franklin County, Ohio, said spike being 848.75 feet north 3 degrees 45' east from the southeast corner of Lot 1 (the southeast corner of Lot 1 is 1744 feet north with the center of Brice Road from the south line of Section 14), thence north 3 degrees 45' east with the center of Brice Road 1011.93 feet to a point, thence north 86 degrees 15' west 514.32 feet to an iron pin (passing an iron pin at 30 feet); thence south 3 degrees 45' west 1011.93 feet to a stone in the northwest corner of the Martin Sisk 10 acre tract; thence with the north line of said 10 acre tract south 86 degrees 15' east 514.32 feet to the place of beginning, containing 11.948 acres, more or less.
      Excepting there from, the following described real estate, situated in the County of Franklin, in the State of Ohio, and in the Township of Truro, and bounded and described as follows:
      Being in Section 14, Township 12, Range 21, Refugee Lands and being part of that 11.948 acre tract conveyed by deed of Pauline H. Fluhart, et al. to The Burwell Nurseries Company, as the same is shown of record in Deed Book 1686, page 14, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
      Beginning at a point in the center of Brice Road at the northeast corner of the above mentioned 11.948 acre tract; thence N. 86 degrees 15' W., along the north line of the aforesaid 11.948 acre tract, a distance of 155.0 feet to an iron pin, passing an iron pin the west line of Brice Road at 30 ft.; thence S. 3 degrees 45' W., along a line parallel to the center line of Brice Road, a distance of 110.0 feet to an iron pin; thence S. 86 degrees 15' E., along a line parallel to the said north line of the 11.948 acre tract, a distance of 155.0 ft. to a point in the center of Brice Road, being also the east line of the aforesaid 11.948 acre tract, passing an iron pin in the west line of Brice Road at 125.0 feet; thence N. 3 degrees 45' E., along the center of Brice Road and the east line of said 11.948 acre tract, a distance of 110.0 feet to the place of beginning, containing 0.391 acres, more or less.
      LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:
      Situated in the City of Reynoldsburg, County of Franklin, State of Ohio, and more particularly described as follows:
      Being part of Half Section 21, Section 14, Township 12, Range 21, Refugee Lands, and being part of the Burwell's, Inc., 11.557 acre tract of record in Deed Book 3118, Page 510, all references being to the records of the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
      Beginning at a point in the centerline of Brice Road at the Southeasterly corner of the said 11.557 acre tract, being also the Northeasterly corner of "WILHELM ACRES SUBDIVISION" as shown of record in Plat Book 24, Page 59; thence along the Southerly line of the said 11.557 acre tract, being also the Northerly line of the said subdivision, North 86 deg. 15' West, 40.0 feet to a point at the Northeasterly corner of Lot No. 1 of said subdivision; thence North 3 deg. 45' East, (being 40 feet Westerly at right angles from the centerline of Brice Road), 901.93 feet to a point in the Northerly line of the said 11.557 acre tract being also the Southerly line of the James V. and Carol A. Starner 0.391 acre tract as shown of record in Deed Book 2734, Page 326; thence along the said line, South 86 deg. 15' East, 40.0 feet to a point in the centerline of Brice Road; thence along the said centerline, South 3 deg. 45' West, 901.93 feet to the place of beginning, containing 0.828 acres, more or less, of which 0.414 acre lies within the existing right-of-way of Brice Road.
 
 
      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.