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 Blacklick Creek Sanitary Interceptor Pt. B Project.Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage.Emergency Justification: Emergency action is requested to allow the acquisition of those parcels, more fully described within the body of this legislation, which are necessary to the completion of the project to proceed without delay.
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 Blacklick Creek Sanitary Interceptor Pt. B Project, to authorize the expenditure of $1,600.00 from the Sewer System Permanent Improvement Fund 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 Blacklick Creek Sanitary Interceptor Pt. B Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No.213X-02, on the 15th day of December, 2002, 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 Blacklick Creek Sanitary Interceptor Pt. B Project, #650034, 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 NO. 13-ST
PERPETUAL SUBSURFACE SEWER UTILITY EASEMENT
Subterranean Tunnel (Subsurface) Easement - Extending Vertically Between NAVD 88 Elevations 918.00 and 875.80;
Situate in the State of Ohio, County of Franklin, Township of Jefferson, and lying in Section 4, Township 1 North, Range 16 West, United States Military District, and being a 20.00 feet-wide permanent subterranean easement, said easement being on, over, and across a 19.487 acre tract conveyed to CSX Transportation, Inc., by a deed of record in Official Record 13283, Page G13, all records herein of the Recorder's Office, Franklin County, Ohio, and said 20.00 feet-wide easement being bounded and more particularly described as follows:
Begin, for reference, at the Franklin County Geodetic Survey Monument No. 3355 found at an angle point in the centerline of right-of-way of Reynoldsburg-New Albany Road at the north right-of-way of North Street;
Thence S 03°57'24" W, a distance of 462.47 feet, along the centerline of said Reynoldsburg-New Albany Road, to a point;
Thence S 86°02'36" E, a distance of 30.49 feet, over and across said Reynoldsburg- New Albany Road, to the Point Of True Beginning of the 20.00 feet-wide easement area described herein;
Thence N 72°56'00" E, a distance of 21.45 feet, along the line common to said 19.4871 acre tract and a 5.882 acre tracts conveyed to Freda Ann and Lee R. Gray, by deed of record in Deed Book 2253, Page 665, to a point;
Thence S 04°06'57" W, a distance of 128.68 feet, over and across said 19.487 acre tract to a point in the line common to said 19.487 acre tract and a 17.182 acre tract conveyed to Dirken T. Voelker Trustee, by deed of record in Instrument No. 199804010076719;
Thence S 72°55'58" W, a distance of 21.45 feet, along the line common to said 19.487 and 17.182 acre tracts, to a point in the easterly right-of-way line of said Reynoldsburg-New Albany Road;
Thence N 04°06'57" E, a distance of 128.68 feet, over and across said 17.182 acre tract, to the Point Of True Beginning.
Said easement contains a volume of 108,609.30 cubic feet, more or less, and the area of the horizontal plane at elevation 875.80 contains 0.059 acres (2,573.68 square feet), more or less.
The bearings used in the above description are based on the Grid bearing of N 03°57' 24" E for the centerline of Reynoldsburg-New Albany Road as determined by a GPS network of field observation performed in December 2001.
R.D. Zande & Associates, Inc., Jeffrey D. Hofius, P.S. No. 7455.
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 Six Hundred Dollars ($1,600.00).
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 $1,600.00, or so much thereof as may be necessary for the Blacklick Creek Sanitary Interceptor Pt. B Project, Project # 650034, from the Sewer System Permanent Improvement Fund, Fund #671, OCA Code 671034, Object Level Three, 6601, Certificate No. #015918, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 6. 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.
ordinance permanent and construction easements
(single without quick take)
revised 8/29/97