Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Alum Creek Sanitary Trunk Storage Facilities Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, 1991 Voted Sanitary Bond Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of land necessary to this project to proceed without delay.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Alum Creek Sanitary Trunk Storage Facilities Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Alum Creek Sanitary Trunk Storage Facilities Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0049X-2006 on the 3rd day of April, 2006, 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, 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Alum Creek Sanitary Trunk Storage Facilities Project, Project # 650705, 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:
PERPETUAL INGRESS/EGRESS DRIVEWAY EASEMENT
Situate in the State of Ohio, County of Franklin, City of Columbus, being part of Lot No. 61 of Martin and Stage's Fairwood Addition to the City of Columbus, as numbered and delineated on the record plat thereof, of record in Plat Book 2, Pages 98-101, and being an easement on said Lot No. 61 conveyed to LOCAL 423, LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, of record in Deed Book 3441, Page 254, all references being to Recorder's Office, Franklin County, Ohio, said easement being more particularly described as follows:
Commencing at a point in the northwest corner of said Lot No. 61 and centerline of Holtzman Avenue; thence S 88º22'12" E with the north line of said Lot No. 61, a distance of 22.50 feet to a point in the east right-of-way of said Holtzman Avenue; thence, continuing with the north line of said Lot No. 61, S 88º22'12" E, a distance of 109.67 feet to a point in the east limited access right-of-way line of Alum Creek Drive Extension at STA 80+30.97, 45.00 feet right as shown on the Franklin County Survey Plan marked FRA-40-15.90 Right-of-Way Plan Limited Access, I-70-3(22) 101 R/W, Sheet 17 of 19, said point being the True Point Of Beginning of the herein described easement:
Thence, S 88º22'12" E, with the north line of said Lot No. 61, a distance of 90.00 feet to a point;
Thence, along the arc of a curve to the southwesterly 116.09 feet, having a central angle of 73º54'23", a radius of 90.00 feet, and a chord bearing S 38º35'05" W, 108.21 feet to a point in the east limited access right-of-way of said Alum Creek Drive Extension;
Thence, with the said Alum Creek Drive Extension east limited access right-of-way line, N 14º27'49" W, a distance of 90.00 feet to the True Point Of Beginning.
The above-described easement contains 0.120 acre (5,224.13 square feet), more or less.
Bearings are based upon the centerline survey of Alum Creek Drive Extension as shown on existing plan, Franklin County Survey Plan marked FRA-40-15.90 Right-of-Way Plan Limited Access I-70-3(22) 101 R/W 17 of 19.
This description was prepared from existing deeds, information of record, and location of available monumentation by David C. Haigh, Registered Surveyor No. 6750, of DLZ Ohio, Inc., of Columbus, Ohio, in August 2005.
Franklin County Tax Parcel No. 010-037823.
Prior Instrument Number: D.B. 3441, Page 254,
Recorder's Office, Franklin County, Ohio.
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, Ohio, hereby declares the value of the subject real property interests to be Fifteen Thousand Three Hundred Dollars ($15,300.00).
Section 4. 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 5. 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.