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 Portage Grove Area Sanitary Improvement Project.
Fiscal Impact: The Department of Public Utilities, Division of Sewers and Drainage, has determined funding for this project will be from the Voted Sanitary Sewer Bond Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for the aforementioned project 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 permanent easements in and to real estate necessary for the Portage Grove Area Sanitary Improvement 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 Portage Grove Area Sanitary Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0055X-2008 on the 17th day of March, 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, subsequent to Resolution No. 0055X-2008's adoption by the Council of the City of Columbus, the legal description of the real property attached to the legislation as "Exhibit J" in "Section 1." of the resolution, was revised; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0143X-2009 on the 17th day of September 21, 2009, thereby amending Resolution 0055X-2008 by revising and replacing the legal description in "Exhibit J" attached thereto, 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 perpetual easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Portage Grove Area Sanitary Improvement Project, # 650700, 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:
10P
Sanitary Sewer Easement Description Easement Area #1
1293 Northport Circle
City of Columbus
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 34 of Portage Grove Addition, Extension 1, Plat Book 29, Page 5, and being an easement area more particularly described as follows:
Beginning for reference at the northeast comer of Lot 34;
Thence North 71 °34'20" West, along the north line of Lot 34, 20.70 feet to the point of beginning;
Thence South 2°55'13" West, into Lot 34, 200.65 feet to a point;
Thence South 51 °31 '09" East, 22.15 feet to a point on the east line of Lot 34;
Thence South 03°27'12" West, along the east line of Lot 34, 24.42 feet to a point;
Thence North 51 °31 '09" West, into lot 34, 46.45 feet to a point;
Thence North 2°55'13" East, 216.49 feet to a point in the north line of Lot 34;
Thence South 71 °34'20': East, 20.76 feet to the point of beginning.
Containing 4,857 square feet of land.
For the purpose of this description, a bearing of South 3°27'12" West was used on the east line of Lot 34, according to an actual field survey.
10P-1
Sanitary Sewer Easement Description 1293 Northport Circle
City of Columbus
Situated in the State of Ohio, County of Franklin, City of Columbus, Lot 34 of Portage Grove Addition, Extension 1, Plat Book 29, Page 5, and being an easement area more particularly described as follows:
Beginning at the southeast corner of Lot 34;
Thence North 51 °22'00" West, along the south line of Lot 34, 23.69 feet to a point;
Thence North 85°02'57" East, crossing Lot 34, 19.58 feet to a point in the east line of said lot;
Thence South 3°27'12" West, 16.51 feet to the point of beginning.
Containing 160 square feet of land.
For the purpose of this description, a bearing of South 3°27'12" West was used on the ease line of Lot 34, according to an actual field survey
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 easements as follows:
1. 10P, P1 $11,975.00
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 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.