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 McKinley Avenue Improvement Project.
Fiscal Impact:
N/A
Emergency Justification:
Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to the project.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the McKinley Avenue Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the McKinley Avenue Improvement Project; 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 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 McKinley Avenue Improvement Project, Project # 590110, 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:
Parcel 31T
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being of those 1.497 acre and 1.253 acre tracts conveyed to Langhirt Investment Company of record in Deed Book 3643, Page 74 and Deed Book 3528, Page 462 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at the southwesterly corner of said 1.497 acre tract, the southeasterly corner of that 2.000 acre tract conveyed to Universal Fabricating and Construction Services, Inc. of record in Official Record 25102H03, in the northerly right-of-way line for McKinley Avenue;
Thence North 04º 05' 55" East, containing with said westerly line, 26.00 feet;
Thence across said 1.497 acre and 1.253-acre tracts, the following courses;
South 85º 54'05" East, 165.55 feet;
North 04º 05'55" East, 16.95 feet;
South 86º 24'23" East, 82.92 feet;
South 04º 25'37" West, 8.14 feet;
South 85º 39'07" East, 74.13 feet to the easterly line of said 1.253-acre tract;
Thence South 04º 05' 55" West, with said easterly line, 30.72 feet;
Thence across said 1.253 acre and 1.497-acre tracts, the following courses;
North 85º 54' 05" West, 165.55 feet to the Point of Beginning. Containing 0.225 acre, more or less, from Auditor's Parcel No. 010-016504.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC 17-83 and COC 18-83.
A bearing of North 87º 22' 38" West was held between said monuments.
Parcel 31U
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of the 1.253 acre and 1.497 acre tracts conveyed to Langhirt Investment Company of record in Deed Book 3528, Page 462 and Deed Book 3643, Page 74 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at the southeasterly corner of said 1.253-acre tract, the southwesterly corner of that 1.110 acre tract conveyed to L&W Supply Corp. of record in Official Record 2062B11 in the northerly right-of-way line for McKinley Avenue;
Thence North 85º 54' 05" West, with said northerly right-of-way, 322.55 feet to the southwesterly corner of said 1.497 acre tract, the southeasterly corner of that 2.000 acre tract conveyed to Universal Fabricating and Construction Services, Inc. of record in Official Record Book 25102H03;
Thence North 04º 05'55" East, with the common line to said 1.497 and 2.000 acre tracts, 12.50 feet;
Thence South 85º 54' 05" East, across said 1.497 acre tract, 165.55 feet to the easterly line of said 1.497 acre tract, the westerly line of said 1.253 acre tract;
Thence North 04º 05'55" East, with the common line to said 1.497 acre and 1.253 acre tracts, 4.50 feet;
Thence South 85º 54' 05" East, across said 1.253 acre tract, 157.00 feet to the westerly line of said 1.253 acre tract, the easterly line of said 1.100 acre tract;
Thence South 04º 05'55" West, with the common line to said 1.253 acre and 1.100 acre tracts, 17.00 feet to the Point of Beginning. Containing 0.109 acre, more or less, from Auditor's Parcel No. 010-01654.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC 17-83 and COC 18-83. A bearings of North 87º 22' 38" West was held between said monuments.
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.