Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Jasonway Avenue Drainage Project.Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Storm Sewer Bond Fund. Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Jasonway Avenue Drainage Project, to authorize the expenditure of $1,407.00 from the Storm Sewer Bond Fund and to declare an emergency. ($1,407.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Jasonway Avenue Drainage Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 022X-03, on the 10th day of February, 2003, 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Jasonway Avenue Drainage Project, #610941, 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:
PARCEL 1-S
PERPETUAL SEWER EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 18, United States Military Lands, being a part of a tract of land conveyed to CSX Transportation Inc. (Chesapeake and Ohio Railroad) in Deed Book , Page , and being more particularly described as follows:
Commencing (P.O.C.) at a point in the easterly line of the said CSX Transportation Inc. property and at the northwesterly corner of a 3.501 acre tract (Parcel 1) conveyed to Sportsite Holdings, Inc. in Official Record 26281, Page J08;
Thence S 09°16'02" E, along the westerly line of the said 3.501 acre tract, a distance of 94.23 feet to a point, said point being the Point of Beginning (P.O.B.) of the herein described easement;
Thence S 09°16'02" E, continuing along the said westerly line, a distance of 25.48 feet to a point;
Thence S 80°47'03" W, a distance of 20.37 feet to a point;
Thence N 09°12'57" W, a distance of 25.48 feet to a point;
Thence N 80°47'03" E, a distance of 20.34 feet to the Point of Beginning.
Containing 0.012 acre, more or less, being within Auditors Parcel Number 010-005773.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The herein description and exhibit is based on a survey made in September 2000 (said survey is not a complete boundary survey of the parent tract), and was prepared under the direct supervision of Steven L. Lamphear, Professional Registered Surveyor No. 7876, Columbus Engineering Consultants, Inc
PARCEL 1T-1
TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 18, United States Military Lands, being a part of a tract of land conveyed to CSX Transportation Inc. (Chesapeake and Ohio Railroad) in Deed Book , Page , and being more particularly described as follows:
Commencing (P.O.C.) at a point in the easterly line of the said CSX Transportation Inc. property and at the northwesterly corner of a 3.501 acre tract (Parcel 1) conveyed to Sportsite Holdings, Inc. in Official Record 26281, Page J08;
Thence S 09°16'02" E, along the westerly line of the said 3.501 Acre tract, a distance of 74.24 feet to a point, said point being the Point of Beginning (P.O.C.) of the herein described easement;
Thence S 09°16'02" E, continuing along the said westerly line, a distance of 19.99 feet to a point;
Thence S 80°47'03" W, a distance of 20.34 feet to a point;
Thence N 09°12'57" W, a distance of 19.99 feet to a point;
Thence N 80°47'03" E, a distance of 20.33 feet to the Point of Beginning.
Containing 0.009 acre, more or less, being within Auditors Parcel Number 010-005773.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The herein description and exhibit is based on a survey made in September 2000 (said survey is not a complete boundary survey of the parent tract), and was prepared under the direct supervision of Steven L. Lamphear, Professional Registered Surveyor No. 7876, Columbus Engineering Consultants, Inc
PARCEL 1T-2
TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 1, Range 18, United States Military Lands, being a part of a tract of land conveyed to CSX Transportation Inc. (Chesapeake and Ohio Railroad) in Deed Book , Page , and being more particularly described as follows:
Commencing (P.O.C.) at a point in the easterly line of the said CSX Transportation Inc. property and at the northwesterly corner of a 3.501 acre tract (Parcel 1) conveyed to Sportsite Holdings, Inc. in O. R. Vol. 26281, Pg. J-08;
Thence S 09°16'02" E, along the westerly line of the said 3.501 acre tract, a distance of 119.71 feet to a point, said point being the Point of Beginning (P.O.B.) of the herein described easement;
Thence S 09°16'02" E, continuing along the said westerly line, a distance of 14.53 feet to a point;
Thence S 80°47'03" W, a distance of 20.38 feet to a point;
Thence N 09°12'57" W, a distance of 14.53 feet to a point;
Thence N 80°47'03" E, a distance of 20.37 feet to the Point of Beginning.
Containing 0.007 acre, more or less, being within Auditors Parcel Number 010-005773.
Bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD 83.
All references herein are to records in the Recorder's Office, Franklin County, Ohio.
The herein description and exhibit is based on a survey made in September 2000 (said survey is not a complete boundary survey of the parent tract), and was prepared under the direct supervision of Steven L. Lamphear, Professional Registered Surveyor No. 7876, Columbus Engineering Consultants, Inc
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 One Thousand Four Hundred Seven Dollars ($1,407.00).
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 the expenditure of $1,407.00, or so much thereof as may be necessary be and hereby is authorized as follows:
Project # 610941; Dept./Div.: 60-15; Fund # 685; Object Level Three: 6601; OCA Code 685941; Aditor's Cerificate # 020048 Amount: $1,407.00
Section 6. That for the reasons stated 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.