Explanation
BACKGROUND: Resolution No. 0014X-2009, adopted March 2, 2009, declared the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riversouth Miscellaneous Downtown Projects, and to declare an emergency. It has since been determined that the legal description of the real property attached to the legislation as "Exhibit B", in "Section 1." of the resolution, was incorrect. The following legislation amends Resolution No. 0014X-2009 to replace and correct the legal description in "Exhibit B" attached thereto.
FISCAL IMPACT: No funds are required for this amendment.
EMERGENCY JUSTIFICATION: Emergency action is requested so that those real property interests necessary to the project may be acquired immediately and without delay.
Title
To amend Section 1 of Resolution No. 0014X-2009, adopted on March 2, 2009, to replace and correct the legal description in "Exhibit B" as attached thereto and to declare an emergency.
Body
WHEREAS, Resolution No. 0014X-2009, adopted March 2, 2009, declared the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riversouth Miscellaneous Downtown Projects, and to declare an emergency; and
WHEREAS, it has since been determined that the legal description of the real property attached to the legislation as "Exhibit B" in "Section 1." of the resolution, was incorrect; and
WHEREAS, the legal description contained below-herein correctly identifies the real property which the City declares its intention and necessity to appropriate; and
WHEREAS, this resolution amends Resolution 0014X-2009 by replacing and correcting the legal description in "Exhibit B" attached thereto; and
WHEREAS, an emergency exists in the usual daily operation of the City Attorney's Office, in that it is immediately necessary to authorize the amendment to Resolution 0014X-2009, all for the immediate preservation of the public health, peace, property, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Section 1 of Resolution 0014X-2009 shall be amended to replace the existing legal description attached thereto in "Exhibit B" to read as follows:
6T
TEMPORARY EASEMENT
0.043 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across Lot 104 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, and Plat Book 14, Page 27 as conveyed to Bicentennial Plaza Holding Company, LTD. by deed of record in Official Record 33608I09 (all references being those of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING, at the northeasterly corner of said Bicentennial Plaza Holding Company tract, the intersection of the southerly right-of-way line of Rich Street and the westerly right-of-way line of Front Street;
thence South 08° 06' 35" East, with said westerly right-of-way line, a distance of 10.00 feet to a point;
thence South 81° 50' 15" West, across Grantor's tract, a distance of 187.50 feet to a point in the easterly right-of-way line of Ludlow Street;
thence North 08° 06' 31" West, with said easterly right-of-way line, a distance of 10.00 feet to a the intersection of said easterly and southerly right-of-way lines;
thence North 81° 50' 15" East, with said southerly right-of-way line, a distance of 187.50 feet to the POINT OF BEGINNING and containing 0.043 acre of land, more or less.
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Edward J. Miller Date
Registered Surveyor No. 8250 EJM: jrm/December 12, 2008, 0.043 ac esmt 80582te2.doc
Section 2. 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 passage if the Mayor neither approves nor vetoes the same.