Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of a permanent easements in and to real estate necessary for the Hilliard Rome Road in Vicinity of Feder Road Sanitary Project.
Fiscal Impact:
N/A
Emergency Justification: Emergency action has been requested to allow for the immediate filing of certain complaints necessary to appropriate such real property interests identified herein, so that there will be no delay in the aforementioned project, 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 a permanent easements interests in and to real estate necessary for the Hilliard Rome Road in Vicinity of Feder Road Sanitary Project, and to declare an emergency.
Body
WWHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Hilliard Rome Road in Vicinity of Feder Road Sanitary Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0182X-2008, on the 3rd day of November 2008, 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Hilliard Rome Road in Vicinity of Feder Road Sanitary Project, Project # 650100, 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:
1S
Situated in the State of Ohio, County of Franklin, Township of Prairie being in Virginia Military Surveys No. 7326 and 1484, containing 0.919 acre, more or less, being part of an original 61.50 acre tract of land referred to as FIRST TRACT and described in Exhibit "A" of the Certificates of Transfers to Ruth Ann Hoffman, Larry Lee Hoffman, and Roy Lee Hoffman of record in Official Records 02614-105 and 05431-H02, Recorder's Office, Franklin County, Ohio, said 0.919 acre easement being more particularly described as follows:
Commencing at a point in the east line of the said FIRST TRACT of Hoffman lands and in the northwest comer of an 8.968 acre tract of land now or formerly owned by Templeton Properties, Ltd., of record in Instrument No. 200108310202460; thence, S 13°57'45" W with the west line of said 8.968 acre tract and east line of said 61.50 acre Hoffman tract, a distance of 19.73 feet to a point in the west right-of-way line of Relocated Hilliard-Rome Road as shown on plan sheet No. 286 of Interstate Route FRA-70 See, 3.41 on file with the Ohio Department of Transportation, said point being the True Point of Beginning;
Thence, S 13°57'45 W a distance of 49.27 feet with the west line of said 8.968 acre tract and east line of said 61.50 Hoffman tract to a point;
Thence. N 23°32'43" W across said 61.50 acre Hoffman tract and parallel to the said west right-of-way line of Hilliard-Rome Road a distance of 108.06 feet to a point;
Thence, N33°01'40" W across said 61.50 acre Hoffman tract and parallel to the said west right-of-way line of Hilliard-Rome Road a distance of 188.06 feet to a point;
Thence, N40°20'57" W across said 61.50 acre Hoffman tract and parallel to the said west right-of-way line of Hilliard-Rome Road a distance of 233.21 feet to a point;
Thence, N86°01'22" W across said 61.50 acre Hoffman tract a distance of 629.01 feet to a point;
Thence, S03°51'44" W across said 61.50 acre Hoffman tract a distance of 5.00 feet to a point;
Thence, N86°01'22" W across said 61.50 acre Hoffman tract a distance of 267.52 feet to a point in the easterly line of a 16.48 acre tract nor or formerly owned by Marcus Pohlmann Properties, LLC, of record in Instrument No. 200007240145759;
Thence, N 02°30'00" E with the easterly line of said 16.48 acre tract a distance of 20.0 1 feet to a point in the southerly line of a 8.315 acre tract now or formerly owned by Hartford Village Commons LLC, of record in Instrument No. 200508180167844;
Thence, S86°01'22" E with the southerly line of said 8.315 acre tract a distance of 268.00 feet to a point in the southeast corner of said 8.315 acre tract; Thence, N03°51'44" E with the easterly line of said 8.315 acre tract of distance of 15.00 feet to a point;
Thence, S86°01'22" E across said 61.50 acre Hoffman tract a distance of 641.67 feet to a point in the said west right-of-way line of Relocated Hilliard Rome Road;
Thence, S40°20'57" E with the said west right-of-way of Hilliard-Rome Road line a distance of 247.76 feet to a point;
Thence, S33°01'40" E with the said west right-of-way line of Hilliard Rome Road a distance of 192.47 feet to a point;
Thence, S23°32'43" E with the said west right-of-way line of Hilliard Rome Road a distance of 71.46 feet to the Point of Beginning and containing 0.919 acre of land, more or less.
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 Council of the City of Columbus hereby fixes the value of said permanent easement as follows:
1. 1S $32,170.00
Section 4. 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 5. That for the reasons state in the preamble hereto, which is hereby made a part hereof, 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.