Explanation
Explanation
Background: The following is a resolution to declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Upground Reservoir Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow acquisition activities to begin as soon as possible thereby allowing for commencement of construction of this project within this years construction season.
Title
To declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Upground Reservoir Project, and to declare an emergency.
Title
To declare the necessity and intent to appropriate construction easements in, over, under and through real estate in connection with the Upground Reservoir Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Upground Reservoir Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Power and Water, in that it is immediately necessary to declare the necessity and intent to appropriate construction easements in, over, under and through 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 construction easements in, over, under and through the following described real estate necessary for the Upground Reservoir Project, Project #690370, 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:
11T
DESCRIPTION OF A TEMPORARY EASEMENT AREA
EAST OF STATE ROUTE 257
NORTH OF THE MARION- DELAWARE COUNTY LINE
Situated in the State of Ohio, County of Marion, Township of Prospect, and County of Delaware, Township of Thompson, being part of Lot #18, Survey Number 675, Virginia Military District, being a temporary easement area located in that 1.398 acre tract, 0.553 acres as described in a Transfer on Death Deed to Rick L. Varner and Debbie K. Varner, filed on June 17, 2004 of record in Official Record Volume 515, Page 1735, on file in the Recorder's Office, Marion County, Ohio, and 0.850 acres as described in Deed Book 514 Page 332 on file in the Recorder's Office, Delaware County, Ohio, said temporary easement area being more particularly described as follows:
Commencing for reference at the intersection of the centerline of State Route 257 and the Marion and Delaware County Line, in the westerly line of said 1.398 acre tract;
Thence South 83°13'06" East, along the Marion and Delaware County Line, through said 1.398 acre tract, for a distance of 557.44 feet to the TRUE PLACE OF BEGINNING of the temporary easement area herein described:
Thence North 19°15'36" East along the easement line, and continuing through said 1.398 acre tract, for a distance of 23.73 feet to a point in the northerly line of said 1.398 acre tract;
Thence South 77°53'49" East, along the northerly line of said 1.398 acre tract, for a distance of 10.09 feet to a point at the northeasterly corner of said 1.398 acre tract in the westerly top of bank of the Scioto River;
Thence South 19°15'36" West, along the easterly line of said 1.398 acre tract, the westerly top of bank of the Scioto River, for a distance of 22.82 feet to a point in the Marion and Delaware County Line;
Thence continuing South 19°15'36" West, along the easterly line of said 1.398 acre tract, the westerly top of bank of the Scioto River, for a distance of 5.20 feet to a point on the Grantors tract line;
Thence North 70°19'24" West, along the Grantors tract line, for a distance of 10.00 feet to a point;
Thence North 19°15'36" East along the easement line, and continuing through said 1.398 acre tract, for a distance of 2.91 feet to the TRUE PLACE OF BEGINNING and containing an area of 274 square feet, and being 233 square feet in Marion County Auditor's Parcel Number 26-008000.2800 and 41 square feet in Delaware County Auditor's Parcel Number 10010001007000.
TOGETHER with that area of land located beneath the water of the Scioto River in which the owners of said 1.398 acre tract has rights as an adjacent riparian owner, said area being more particularly described as follows:
Beginning at the northeasterly corner of said 1.398 acre tract in the westerly top of bank of the Scioto River;
Thence South 74°34'54" East, into the Scioto River, for a distance of 79.78 feet to the center of said river;
Thence South 15°24'45" West, along the center of said Scioto River, for a distance 34.03 feet to a point;
Thence North 70°19'24" West, continuing through said Scioto River, for a distance of 81.85 feet to a point in the easterly line of said 1.398 acre tract in the westerly top of bank of the Scioto River;
Thence North 19°15'36" East, along the easterly line of said 1.398 acre tract, the westerly top of bank of the Scioto River, for a distance of 28.02 feet to the place of Beginning and containing an area of 2,502 square feet of which 1,330 is in Marion County, and 1,172 square feet is in Delaware County.
The bearings referenced herein are based on grid north, derived from the Ohio State Plane Coordinate System, North Zone, NAD 83 (86), as established using a GPS survey on NGS monuments 16-0003 and 16-0004.
The above description was prepared by Richard John Swan, Ohio Registered Professional Surveyor No. 6574 from record documents on file in the Recorder's Office, Marion County, Ohio. Richard John Swan Registered Professional Surveyor No. 6574
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 stated 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.