Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the Maize/Morse Project Stormwater System Improvement Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Storm Sewer Bond Fund.
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 authorize the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the Maize/Morse Project Stormwater System Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Maize/Morse Project Stormwater System Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 244X-2004, on the 8th day of November, 2004, 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 Sewerage and Drainage, 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 health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Maize/Morse Project Stormwater System Improvement Project, # Project # 610850, 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:
15T
TEMPORARY EASEMENT
0.011 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 18, United States Military Lands, known as being 0.011 acre out of lands conveyed to Sharon Budd of record in Official Record 4061A12 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point at the northwest corner of said Budd tract and in the west line of Lot 74, Block 26 of Baby Farms Subdivision by deed of record in Plat Book 14, Page 33;
thence South 86° 28' 12" East, along the north line of said Budd tract and through said Lot 74, a distance of 10.00 feet to a point;
thence South 03° 44' 19" West, through said Lot 74, and Lot 75 in said subdivision, a distance of 49.62 feet to a point in the south line of said Lot 75;
thence North 86° 28' 12" West, along said south line of Lot 75, a distance of 10.00 feet to a point at the southwest corner thereof, being in the east right-of-way line of Fourth Street;
thence North 03° 44' 19" East, along the east right-of-way line of Fourth Street and the west line of said Lot 74 and 75, a distance of 49.62 feet to the Point of Beginning, containing 0.011 acre of land, more or less.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Guy W. Grisdale
Registered Surveyor No. 7579
15T-1
TEMPORARY EASEMENT
0.011 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 18, United States Military Lands, known as being 0.011 acre out of lands conveyed to Sharon Budd of record in Official Record 4061A12 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point at the northeast corner of said Budd tract, being in the east line of Lot 74, Block 26 of Baby Farms Subdivision by deed of record in Plat Book 14, Page 33;
thence South 03° 44' 19" West, along the west right-of-way line of a 20 foot alley and the east line of said Lot 74 and Lot 75 in said subdivision, a distance of 49.62 feet to a point at the southeast corner of said Lot 75;
thence North 86° 28' 12" West, along the south line of said Lot 75, a distance of 10.00 feet to a point;
thence North 03° 44' 19" East, through said Lots 75 and 74, a distance of 49.62 feet to a point in the north line of said Budd tract;
thence South 86° 28' 12" East, along the north line of Budd tract, a distance of 10.00 feet to the Point of Beginning, containing 0.011 acre of land, more or less.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Guy W. Grisdale
Registered Surveyor No. 7579
Section 2. That construction easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Maize/Morse Project Stormwater System Improvement Project, # Project # 610850, 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:
17T
TEMPORARY EASEMENT
0.011 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 18, United States Military Lands, known as being 0.011 acre out of lands conveyed to Carolyn S. Voelker of record in Official Record 27324C18 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point at the northwest corner of said Voelker tract, being in the west line of Lot 71, Block 25 of Baby Farms Subdivision by deed of record in Plat Book 14, Page 33;
thence South 86° 28' 12" East, along the north line of said Voelker tract, a distance of 10.00 feet to a point;
thence South 03° 44' 19" West, through said Lot 71 and Lot 72 in said subdivision, a distance of 49.50 feet to a point in the south line of said Lot 72;
thence North 86° 28' 12" West, along the south line of Lot 72, a distance of 10.00 feet to a point at the southwest corner thereof, being in the east right-of-way line of Fourth Street;
thence North 03° 44' 19" East, along the east right-of-way line of Fourth Street and the west line of said Lots 71 and 72, a distance of 49.50 feet to the Point of Beginning, containing 0.011 acre of land, more or less.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Guy W. Grisdale
Registered Surveyor No. 7579
17T-1
TEMPORARY EASEMENT
0.011 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 18, United States Military Lands, known as being 0.011 acre out of lands conveyed to Carolyn S. Voelker of record in Official Record 27324C18 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point at the northeast corner of said Voelker tract, being in the east line of Lot 71, Block 25 of Baby Farms Subdivision by deed of record in Plat Book 14, Page 33;
thence South 03° 44' 19" West, along the west right-of-way line of a 20 foot alley and the east line of said Lot 71 and Lot 72 in said subdivision, a distance of 49.50 feet to a point at the southeast corner of said Lot 72;
thence North 86° 28' 12" West, along the south line of said Lot 72, a distance of 10.00 feet to a point;
thence North 03° 44' 19" East, through said Lots 72 and 71, a distance of 49.50 feet to a point in the north line of said Voelker tract;
thence South 86° 28' 12" East, along the north line of said Voelker tract, a distance of 10.00 feet to the Point of Beginning, containing 0.011 acre of land, more or less.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Guy W. Grisdale
Registered Surveyor No. 7579
Section 3. That construction easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Maize/Morse Project Stormwater System Improvement Project, # Project # 610850, 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:
25T
TEMPORARY EASEMENT
0.016 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Quarter Township 2, Township 1, Range 18, United States Military Lands, known as being 0.016 acre out of lands conveyed to Margaret E. Deming and Conway K. Deming of record in Official Record 32004G05 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at a point at the northwest corner of Lot 52, Block 18 of Baby Farms Subdivision by deed of record in Plat Book 14, Page 33;
thence South 86° 28' 12" East, along the north line of said Lot 52, a distance of 10.00 feet to a point;
thence South 03° 44' 19" West, through said Lot 52 and Lot 53 in said subdivision, a distance of 68.40 feet to a point in the south line of said Lot 53;
thence North 86° 28' 12" West, along the south line of Lot 53, a distance of 10.00 feet to a point at the southwest corner thereof, being in the east right-of-way line of Fourth Street;
thence North 03° 44' 19" East, along the east right-of-way line of Fourth Street and the west line of said Lots 52 and 53, a distance of 68.40 feet to the Point of Beginning, containing 0.016 acre of land, more or less.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Guy W. Grisdale
Registered Surveyor No. 7579
Section 4. 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 5. That the Council of the City of Columbus hereby fixes the value of said construction easements as follows:
1. 15T, T-1 $200.00
2. 17T, T-1 $200.00
3. 25T $200.00
Section 6. That the City Attorney be and he 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 7. That for the reasons stated in the preamble hereto, 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.