Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Chatterton Road Water Main Improvements Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels 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.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Chatterton Road Water Main Improvements Project, and to declare an emergency. (AMENDED BY ORD. 0040-2010 PASSED 01/25/2010)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Chatterton Road Water Main Improvements Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0047X-2009, on the 4th day of May, 2009, 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 Water, 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 certain permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Chatterton Road Water Main Improvements Project, Project 690483 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:
1P
Utility Easement
City of Columbus
South Side of Chatterton Road
West side of Brice Road
Situated in the State of Ohio, County of Franklin, Truro Township, Section 2, Township 11 North, Range 21 West, Matthew's Survey of Congress Lands, and being an easement area over part of that 0.619 acre parcel known as Franklin County Auditor's Parcel Number 530-109267 conveyed to Apostolic Church of Christ as Parcel III in Official Record Volume 4728 A11, and over part of that 10.557 acre parcel known as Franklin County Auditor's Parcel Number 530-166405 conveyed to Apostolic Church of Christ as Parcel II in Official Record Volume 4728 A11 (all references are to records on file in the Franklin County Recorder's Office), said easement area being more particularly described as follows:
Beginning for reference at Franklin County Geodetic Survey Monument number 9918 at the intersection of Refugee Road and Brice Road; Thence South 4°24'47" West, along the center of Brice Road, 129.86 feet to a point; Thence North 85°35'13" West, 55.00 feet to a point in the west line of Brice Road conveyed to the City of Columbus as Parcel 3WD in Instrument Number 200010240215165 and being in the east line of said 0.619 acre Apostolic Church of Christ parcel and being the point of beginning;
Thence North 85°26'47" West, crossing said 0.619 acre Apostolic Church of Christ parcel, 359.14 feet to a point in the west line of said 0.619 acre parcel, being in the east line of the aforementioned 10.557 acre Apostolic Church of Christ parcel;
Thence continuing North 85°26'47" West, into said 10.557 acre Apostolic Church of Christ parcel, 96.91 feet to a point;
Thence North 40°22'29" West, 98.87 feet to a point in the south line of Chatterton Road and Parcel 3WD, being the north line of the 10.557 acre tract;
Thence along a south line of Parcel 3WD, being the south line of Chatterton Road, South 85°26'47" East, 167.12 feet to a point, being the northeast corner of the 10.557 acre Apostolic Church of Christ tract, the northwest corner of the 0.619 acre Apostolic Church of Christ tract, and the northwest corner of Easement Parcel 3X-1, granted to the City of Columbus in Instrument Number 200010240215163;
Thence leaving the south line of Chatterton Road, and into the 0.619 acre Apostolic Church of Christ tract, and along said Easement 3X-1, South 64°25'39" East, 69.70 feet to a point;
Thence continuing along Easement 3X-1, South 85°26'47" East, 145.00 feet to a point;
Thence continuing along Easement 3X-1, North 4°33'13" East, 20.00 feet to a point in the south line of Chatterton Road, being the south line of Parcel 3WD;
Thence South 85°26'47" East, along the south line of Chatterton Road, being the south line of Parcel 3WD, 120.00 feet to a point;
Thence South 50°17'11" East, along Parcel 3WD, 34.96 feet to a point, being the west line of Brice Road;
Thence South 4°24'47" West, along Parcel 3WD, being the west line of Brice Road, 44.87 feet the point of beginning.
Containing 0.663 acres of land, of which 0.451 acre lies in Parcel 530-109267 and 0.212 acre lies in Parcel 530-166405.
For the purpose of this easement description, a bearing of South 4°24'47" West was used for the centerline of Brice Road between Franklin County Geodetic Survey monuments #9918 and 9939 according a field survey by Pomeroy & Associates, Ltd. in 2008. Pomeroy & Associates, Ltd., Mark D. Power, Professional Surveyor No. 7935
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 1P to be Nine Thousand Nine Hundred Fifteen Dollars ($9,915.00).
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 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.