Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riverview Drive Improvement 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 meet the Department Public Service's acquisition time line.
Title
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riverview Drive Improvement Project, and to declare an emergency.
Body
[WHEREAS, the City of Columbus is engaged in the Riverview Drive Improvement Project; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate fee simple title and lesser interests 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 and lesser interests in and to the following described real estate necessary for the Riverview Drive Improvement Project, Project #530161, 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 16T
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of Lot Nos. 65 and 66 in the Frank P. Colwells Riverview Parcels, an unrecorded plat which can be found in the Auditors Office, Franklin County, Ohio, Auditors Plat Book 12 Page 36.
Beginning at the grantor's southwesterly comer, the southwesterly comer of Lot No. 65, and in the northerly line of Riverview Drive, 25.00 feet left of Station 31+24.95 centerline of survey of Riverview Drive;
Thence along the grantor's westerly line and the westerly line of Lot No. 65, North 03°35'23" East a distance of 25.00 feet to a point 50.00 feet left of Station 31+24.95 centerline of survey of Riverview Drive;
Thence South 86°24'37" East a distance of 17.00 feet to a point 50.00 feet left of Station 31 +41. 95 in the centerline of survey of Riverview Drive;
Thence South 35°13'43" East a distance of 12.83 feet to a point 40.00 feet left of Station 31 +50.00 centerline of survey of Riverview Drive;
Thence South 73°05'09" East a distance of 39.05 feet to a point 31.00 feet left of Station 31 +88.00 centerline of survey of Riverview Drive;
Thence South 86°24'37" East a distance of 16.00 feet to a point 31.00 feet left of Station 32+04.00 centerline of survey of Riverview Drive;
Thence North 59°50'32" East a distance of 25.20 feet to a point in the grantor's easterly line and the easterly line of Lot No. 66, said point being 45.00 feet left of Station 32+24.95 centerline of survey of Riverview Drive;
Thence along the grantor's easterly line and the easterly line of Lot No. 66, South 03°35'23" West a distance of 20.00 feet to the grantor's southeasterly comer and the southeasterly comer of Lot No. 66, in the northerly line of Riverview Drive, said point being 25.00 feet left of Station 32+24.95 centerline of survey of Riverview Drive;
Thence along the grantor's southerly line, the southerly line of Lot Nos. 66 and 65, and the northerly line of Riverview Drive, North 86°24'37" West a distance of 100.00 feet to the point of beginning containing 0.031 acres more or less.
Bearings are based on NAD 83 Ohio South Zone.
PARCEL17T
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of Lot No. 67 in the Frank P. Colwells Riverview Parcels, an unrecorded plat which can be found in the Auditors Office, Franklin County, Ohio, Auditors Plat Book 12 Page 36.
Beginning at the grantor's southwesterly comer, the southwesterly comer of Lot No. 67, and in the northerly line of Riverview Drive, 25.00 feet left of Station 32+24.95 centerline of survey of Riverview Drive;
Thence along the grantor's westerly line and the westerly line of Lot No. 67, North 03°35'23" East a distance of 20.00 feet to a point 45.00 feet left of Station 32+24.95 centerline of survey of Riverview Drive;
Thence South 86°24'37" East a distance of 12.00 feet to a point 45.00 feet left of Station 32+ 36.95 in the centerline of survey of Riverview Drive;
Thence South 73°05'09" East a distance of 39.05 feet to a point in the grantor's easterly line and the easterly line of Lot No. 67, said point being 36.00 feet left of Station 32+74.95 centerline of survey of Riverview Drive;
Thence along the grantor's easterly line and the easterly line of Lot No. 67, South 03°35'23" West a distance of 11.00 feet to the grantor's southeasterly comer and the southeasterly comer of Lot No. 67, in the northerly line of Riverview Drive, said point being 25.00 feet left of Station 32+74.95 centerline of survey of Riverview Drive;
Thence along the grantor's southerly line, the southerly line of Lot No. 67, and the northerly line of Riverview Drive, North 86°24'37" West a distance of 50.00 feet to the point of beginning containing 0.019 acres more or less.
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
Said stations stipulated in the plans for Riverview Drive on file with the City of Columbus.
Grantor claims title by instrument of record in 07033107 Franklin County Recorders Office.
PARCEL 19WD
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of a 0.509 acre tract in Section 3, Township I,Range 18, United States Military Lands, and being part of Lot No.3 of Exhibit "A" of an amicable partition made among the heirs of Henry T. Slyh, deceased, as the same is shown of record in Plat Book 5, Page 238, Franklin County, Ohio recorders office, and also being part of FI'tlIlk P. Colwells Riverview Parcels an unrecorded plat delineated in Plat Book 12, Page 38, Auditors Office, Franklin County, Ohio, now known as Lot No. 72, and described as follows:
Commencing at the intersection of Riverview Drive and Olentangy River Road, Station 39+38.99 centerline of survey of Riverview Drive, which equals Station 121+20.80 centerline of survey Olentangy River Road;
Thence along the centerline of Riverview Drive North 86°24'37" West a distance of 113.50 feet to a point Station 38+25.49 in the centerline of survey of Riverview Drive;
Thence North 03°35'23" East a distance of25.00 feet to a point in the grantor's southerly line and the northerly line of Riverview Drive, 25.00 feet left of Station 38+25.49 centerline of survey of Riverview Drive, said point being the TRUE POINT OF BEGINNING;
Thence North 77°46' 13" East a distance of 52.43 feet to a point in the westerly right of way line of Olentangy River Road, said point being 39.29 feet left of Station 38+75.93 centerline of survey of Riverview Drive;
Thence along the existing westerly right of way line of Olentangy River Road North 14°04'43" West a distance of 55.25 feet to a point in the grantors northerly line and the southerly line of an 0.887 acre tract conveyed to Magna National Realty, LLC by instrument of record 199912270315295 Franklin County Recorders office and being 48.58 feet left of Station 122+32.44 centerline of survey of Olentangy River Road;
Thence along the grantor's northerly line, the southerly line of said Magna National Realty, LLC, South 86°33'25" East a distance of 49.67 feet to the grantors northeasterly comer and in the original centerline of Olentangy River Road and in the westerly line of a 7.580 acre tract conveyed to River Road Hotel Corp. by instrument of record 12376B20 Franklin County, Ohio Recorders office said point being 1.16 feet left of Station 122+ 17.67 centerline of survey Olentangy River Road;
Thence along the grantors easterly line, the westerly line of said River Road Hotel Corp., and the original centerline of Olentangy River Road, South 15°53'37" East a distance of
71.14 feet to the grantors southeasterly corner, said point being in the extension of the northerly right of line of Riverview Drive 25.00 feet left of Station 39+32.56 centerline of survey Riverview Drive;
Thence along the grantors southerly line and the northerly right of way line of Riverview Drive, North 86°24'37" West a distance of 107.07 feet to the TRUE POINT OF BEGINNING containing 0.087 acres more or less of which 0.078 acres are occupied by the present road leaving a net take of 0.009 acres more or less out of Auditors Parcel No. 010-117372
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
PARCEL 39T
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of Lot No. 16 in the Frank P. Colwells Riverview Parcels, an unrecorded plat which can be found in the Auditors Office, Franklin County, Ohio, Auditors Plat Book 12 Page 36.
Beginning at the grantor's northeasterly comer, the northeasterly comer of Lot No. 16, and in the southerly line of Riverview Drive, 25.00 feet right of Station 30+75.15 centerline of survey of Riverview Drive;
Thence along the grantor's easterly line and the easterly line of Lot No. 16, South 03°35'23" West a distance of 10.00 feet to a point 35.00 feet right of Station 30+75.15 centerline of survey of Riverview Drive;
Thence North 86°24'37" West a distance of 50.00 feet to a point in the grantor's westerly line and the westerly line of Lot No. 16, said point being 35.00 feet right of Station 30+25.15 centerline of survey of Riverview Drive;
Thence along the grantor's westerly line and the westerly line of Lot No. 16, North 03°35'23" East a distance of 10.00 feet to the grantor's northwesterly corner and the northwesterly corner of Lot No. 16, and in the southerly line of Riverview Drive, said point being 25.00 feet right of Station 30+25.15 centerline of survey of Riverview Drive;
Thence along the grantor's northerly line, the northerly line of Lot No. 16, and the southerly line of Riverview Drive, South 86°24'37" East a distance of 50.00 feet to the point of beginning containing 0.012 acres more or less.
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
Said stations stipulated in the plans for Riverview Drive on file with the City of Columbus.
Grantor claims title by instrument of record 200211190296437 Franklin County Recorders Office.
PARCEL 45WD
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of a 7.580 acre tract in Section 3, Township I,Range 18, United States Military Lands, and being part of Lot Nos. 2 and 4 of Exhibit "A" of an amicable partition made among the heirs of Henry T. Slyh, deceased, as the same is shown of record in Plat Book 5, Page 238, Franklin County, Ohio recorders office and described as follows:
Commencing at the intersection of Riverview Drive and Olentangy River Road, Station 39+38.99 centerline of survey of Riverview Drive, which equals Station 121+20.80 centerline of survey Olentangy River Road.;
Thence along the centerline of Riverview Drive South 86°24'37" East a distance of2.41 feet to a point in the grantors westerly line and the original centerline of Olentangy River Road said point being Station 39+41.40 centerline of survey Riverview Drive and 2.30 feet right of Station 121+20.07 centerline of survey Olentangy River Road and the TRUE POINT OF BEGINNING;
Thence along the grantors westerly line and the original centerline of 01entangy River Road North 15°53'37" West a distance of 176.92 feet to the grantors northwesterly comer and the southwesterly comer of a 0.790 acre tract conveyed to Bashar Abou-Rass and Maha Abou-Rass by instrument of record 200004270081812 Franklin County Recorder's office, said point being 3.97 feet right of Station 122+96.89 centerline of survey of Olentangy River Road;
Thence along the grantor's northerly line and the southerly line of said Abou-Rass. South 86°25' 15" East a distance of 63.82 feet to a point in the existing easterly right of way right of way line of Olentangy River Road, 56.91 feet right of Station 122+77.76 centerline of survey of Olentangy River Road;
Thence along said easterly right of way line, South 13°21 '53" East a distance of 117.76 feet to a point 55.89 feet right of Station 121 +60.00 centerline of survey 01entangy River Road;
Thence North 76°38'08" East a distance of 5.00 feet to a point 60.89 feet right of Station 121 +59.96 Olentangy River Road;
Thence South 13°21'53" East a distance of 80.00 feet to a point 60.20 feet right of Station 120+79.96 Olentangy River Road;
Thence South 76°38'07" West a distance of 5.00 feet to a point in the existing easterly right of way line of Olentangy River Road, said point being 55.20 feet right of Station 120+80.00 centerline of survey Olentangy River Road;
Thence along said easterly right of way line South 13°21 '53" East a distance of 31.39 feet to a point 54.93 feet right of Station 120+48.62 centerline of survey Olentangy River Road;
Thence continuing on said easterly right of way, South 13°22'26" East a distance of 121.55 feet to a point in the grantor's southerly line, and the northerly line of a 1.89 acre tract conveyed to Howard E. Peck and Mary P. Peck by instrument of record 12050B 10 Franklin County Recorders Office, 53.90 feet right of Station 119+27.08 centerline of survey Olentangy River Road;
Thence along the grantor's southerly line and the northerly line of said 1.89 acre tract, North 86°27'15" West a distance of 47.42 feet to the grantor's southwesterly corner in the original centerline of Olentangy River Road, said point being 8.65 feet right of Station 119+41.26 centerline of survey of Olentangy River Road;
Thence along the grantor's westerly line and the said original centerline North 15°53'37" West a distance of 178.93 feet to the TRUE POINT OF BEGINNING containing 0.437 acres more or less of which 0.309 acres more or less are in Auditor's Parcel No.OlO005556 and 0.128 acres are in Auditors Parcel No. 010-117351. Of this the present road occupies 0.300 acres more or less are in Auditor's Parcel No.01O-005556 and 0.128 acres more or less are in Auditors Parcel No. 010-117351
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
Said Stations stipulated in the plans for Riverview Drive and Olentangy River Road on file with the City of Columbus.
Grantor claims title by instrument of record in deed 12376B20 and 200102060024676, Franklin County Recorders Office.
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.