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 Leland/Milton Avenues Sanitary Improvements Projects.
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 in order to commence construction within this year's construction season.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Leland/Milton Avenues Sanitary Improvements Projects, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Leland/Milton Avenues Sanitary Improvements Projects; 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 Leland/Milton Avenues Sanitary Improvements Projects, Project # 650671, 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:
1T
Temporary Construction Easement
0.005 ACRE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 3, Quarter Township 2, Range 18, United States Military Lands and being a 2.352 acre tract, out of an original 14.182 acre tract of land conveyed to King Starr Realty Company by deed of record in Deed Book 1532, Page 338 and owned by LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282, Tract One, Parcel Three, all references being to records in the Recorder's Office, Franklin County, Ohio.
Being an irregularly shaped strip of land of approximately 10 feet wide by 23 feet long more particularly described as follows:
Beginning for reference at a point, the northeast corner of a parcel of land conveyed to LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282, Tract One, Parcel One, on a common line with property owned by Everest Georgetown LLC, a California limited liability company, as described in Instrument Number 200103200056649, all references being to records in the Recorder's Office, Franklin County, Ohio. and common with the southeast corner of said LBR Properties, LLC Tract One, Parcel Three,
Thence northerly with the west line of said Everest Georgetown LLC property and the east line of said LBR Properties, LLC Tract One, Parcel Three property,
North 02 degrees 28 minutes 16 seconds East a distance of 7.63 feet to a point on said line also being on the north line of an existing 10 foot easement, the true point of beginning,
Thence westerly along said existing 10 foot easement and within said LBR Properties, LLC Tract One, Parcel Three property South 88 degrees 53 minutes 15 seconds West a distance of 22.93 feet to a point,
Thence northerly within said LBR Properties, LLC Tract One, Parcel Three property North 01 degrees 06 minutes 45 seconds West a distance of 10.0 feet to a point,
Thence easterly within said LBR Properties, LLC Tract One, Parcel Three property North 88 degrees 53 minutes 15 seconds East a distance of 23.56 feet to a point on the west line of said Everest Georgetown LLC property,
Thence southerly along said common line of said Everest Georgetown LLC property and said LBR Properties, LLC Tract One, Parcel Three property South 02 degrees 28 minutes 16 seconds West a distance of 10.02 feet to the true point of beginning, containing 0.005 acre of land more or less.
The bearings in this description are based on the Ohio State Plane Coordinate System South Zone as per NAD 83.
Jeffrey C. Spontak, R.S.-7856
2T
Temporary Construction Easement
0.005 ACRE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 3, Quarter Township 2, Range 18, United States Military Lands and being a 2.352 acre tract, out of an original 14.182 acre tract of land conveyed to King Starr Realty Company by deed of record in Deed Book 1532, Page 338 and owned by LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282, Tract One, Parcel One, all references being to records in the Recorder's Office, Franklin County, Ohio.
Being an irregularly shaped strip of land of approximately 10 feet wide by 22 feet long more particularly described as follows:
Beginning for reference at a point, the southwest corner of a parcel of land conveyed to LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282, Tract One, Parcel three, on a common line with property owned by Everest Georgetown LLC, a California limited liability company, as described in Instrument Number 200103200056649, all references being to records in the Recorder's Office, Franklin County, Ohio. and common with the northeast corner of said LBR Properties, LLC Tract One, Parcel One
Thence southerly with the west line of said Everest Georgetown LLC property and the east line of said LBR Properties, LLC Tract One, Parcel One property,
South 02 degrees 28 minutes 16 seconds West a distance of 2.39 feet to a point on said line also being on the south line of an existing 10 foot easement, the true point of beginning,
Thence continuing southerly along said common line of said Everest Georgetown LLC property and said LBR Properties, LLC Tract One, Parcel One property South 02 degrees 28 minutes 16 seconds West a distance of 2.39 feet to a point,
Thence westerly within said LBR Properties, LLC Tract One, Parcel One property South 88 degrees 53 minutes 15 seconds West a distance of 21.65 feet to a point,
Thence northerly within said LBR Properties, LLC Tract One, Parcel One property North 01 degrees 06 minutes 45 seconds West a distance of 10.0 feet to a point on said existing 10 foot easement,
Thence easterly along said existing 10 foot easement and within said LBR Properties, LLC Tract One, Parcel One property North 88 degrees 53 minutes 15 seconds East a distance of 22.28 feet to the true point of beginning, containing 0.005 acre of land more or less.
The bearings in this description are based on the Ohio State Plane Coordinate System South Zone as per NAD 83.
Resource International, Inc.
Jeffrey C. Spontak, R.S.-7856
3T
Temporary Construction Easement
0.006 ACRE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in part of lot Number 18 and 19 of the Scioto Co. Subdivision, Section 3, Township 2, Range 18, United States Military Lands and being a 7.298 acre tract, out of an original 14.182 acre tract of land conveyed to King Starr Realty Company by deed of record in Deed Book 1532, Page 338 and owned by Everest Georgetown LLC, a California limited liability company as described in Instrument Number 200103200056649, all references being to records in the Recorder's Office, Franklin County, Ohio.
Being an irregularly shaped strip of land of approximately 10 feet wide by 28 feet long and
more particularly described as follows:
Beginning for reference at a point, the northeast and southeast corners of two parcels of land conveyed to LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282 as Tract One, Parcel One and Parcel Three, all references being to records in the Recorder's Office, Franklin County, Ohio and on a common line with said Everest Georgetown LLC property,
Thence southerly with the east line of said LBR Properties, LLC Tract One, Parcel One property and the west line of said Everest Georgetown LLC property, South 02 degrees 28 minutes 16 seconds West a distance of 2.39 feet to a point on said common line also being on the south line of an existing 10 foot easement, the true point of beginning,
Thence easterly along said existing 10 foot easement and within said Everest Georgetown LLC property North 88 degrees 53 minutes 15 seconds East a distance of 27.72 feet to a point,
Thence southerly within said Everest Georgetown LLC property South 01 degrees 06 minutes 45 seconds East a distance of 10.0 feet to a point,
Thence westerly within said Everest Georgetown LLC property South 88 degrees 53 minutes 15 seconds West a distance of 28.35 feet to a point on said common line,
Thence northerly along said common line with said LBR Properties, LLC Tract One, Parcel One property and said Everest Georgetown LLC property North 02 degrees 28 minutes 16 seconds East a distance of 10.02 feet to the true point of beginning, containing 0.006 acre of land more or less.
The bearings in this description are based on the Ohio State Plane Coordinate System South Zone as per NAD 83.
Resource International, Inc., Jeffrey C. Spontak, R.S.-7856
4T
Temporary Construction Easement
0.006 ACRE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in part of lot Number 18 and 19 of the Scioto Co. Subdivision, Section 3, Township 2, Range 18, United States Military Lands and being a 7.298 acre tract, out of an original 14.182 acre tract of land conveyed to King Starr Realty Company by deed of record in Deed Book 1532, Page 338 and owned by Everest Georgetown LLC, a California limited liability company as described in Instrument Number 200103200056649, all references being to records in the Recorder's Office, Franklin County, Ohio.
Being an irregularly shaped strip of land of approximately 10 feet wide by 27 feet long and more particularly described as follows:
Beginning for reference at a point, the northeast and southeast corners of two parcels of land conveyed to LBR Properties, LLC, an Ohio limited liability company as described in Instrument Number 199802230039282 as Tract One, Parcel One and Parcel Three, all references being to records in the Recorder's Office, Franklin County, Ohio and on a common line with said Everest Georgetown LLC property,
Thence northerly on a common line with the east line of said property and the west line of said LBR Properties, LLC Tract One, Parcel Three property and said Everest Georgetown LLC property North 02 degrees 28 minutes 16 seconds East a distance of 7.63 feet to a point on said line also being on the north line of an existing 10 foot easement, the true point of beginning,
Thence northerly along said common line of said LBR Properties, LLC Tract One, Parcel Three property and said Everest Georgetown LLC property North 02 degrees 28 minutes 16 seconds East a distance of 10.02 feet to a point,
Thence easterly within said Everest Georgetown LLC property North 88 degrees 53 minutes 15 seconds East a distance of 26.47 feet to a point,
Thence southerly within said Everest Georgetown LLC property South 01 degrees 06 minutes 45 seconds East a distance of 10.0 feet to a point on said existing 10 foot easement,
Thence westerly along said existing 10 foot easement and within Everest Georgetown LLC property South 88 degrees 53 minutes 15 seconds West a distance of 27.10 feet to the true point of beginning, containing 0.006 acre of land more or less.
The bearings in this description are based on the Ohio State Plane Coordinate System South Zone as per NAD 83.
Resource International, Inc., Jeffrey C. Spontak, R.S.-7856
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.