Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Metronet Indianola Fiber Optic Project.
Fiscal Impact: N/A
Emergency Designation: Emergency action is requested to that ensure needed services are not delayed, thereby reducing potential risks of outages and other interruptions of services necessary to the City's public welfare.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Metronet Indianola Fiber Optic Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Metronet Indianola Fiber Optic 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 permanent and 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 permanent and construction easements in, over, under and through the following described real estate necessary for the Metronet Indianola Fiber Optic Project, Project # 600700, 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:
DESCRIPTION OF 15 FOOT WIDE
UTILITY EASEMENT
0.049 Acre
Situated in the State of Ohio, Franklin County, City of Columbus, Quarter Township 1 North, Range 18 West, United States Military Lands and being a 15 foot wide strip of land lying on, over and across a parcel of land as conveyed to CSX TRANSPORTATION, INC. BY MERGER I.N.200711080194030 NEW YORK CENTRAL LINES LLC.I.N.200212180325201 (all records being of the Franklin County Recorder's Office, Ohio) and being more particularly described as follows;
Beginning for reference at the intersection of the northerly right-of-way line of Oakland Park Avenue (60.00 feet in width) and the line common to said 1.307 acre tract and that 2.09 acre tract as conveyed to Samuel A. Shuman by deed of record in Official Record 29778, Page G16, said point also being on the westerly line of a 40.00 feet wide ingress and egress easement (formerly Pennsylvania Lines LLC) as recorded in Deed Book 1801, Page 148;
Thence North 01°39'43" East, a distance of 190.00 feet along the line common to said 2.09 and 1.307 acre tracts the TRUE POINT OF BEGINNING;
Thence North 01°39'43" East, a distance of 141.36 feet along said westerly line to the southwest corner of a 2.665 acre tract as conveyed to Sulmona LLC by deed of record in Instrument Number 200308180261216;
Thence South 89°39'57" East, a distance of 15.00 feet along southerly line of said 2.665 acre tract to a point;
Thence South 01°39'43" West, a distance of 141.36 feet crossing said CSX TRANSPORTATION, INC. parcel to a point on the northerly line of said 2.09 acre tract;
Thence North 89°39'36" West, a distance of 15.00 feet along said 2.09 acre tract to the TRUE POINT OF BEGINNING, containing 0.049 acre of land more or less. Subject to all easements, restrictions, and rights-of-way of record.
Bearings for this description are based on an assumed bearing of South 89°39'36" East, as given for the north right-of-way line of Oakland Park Avenue as recorded in Instrument Number 200308180261216.
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.