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 Group 10 Miscellaneous Intersection Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999 Voted Streets and Highways Fund, Auditor's Certificate.
Emergency Justification: Emergency Action is requested to allow for the immediate acquisition of the necessary right-of-way to allow the project to continue without delay and in accordance to the Transportation Departments timeline.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary the Group 10 Miscellaneous Intersection Improvement Project, to authorize the expenditure of $600.00 from the 1995, 1999 Voted Streets and Highways Fund 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 Group 10 Miscellaneous Intersection Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0097X-2006, on the12th day of June, 2006, 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 Public Service Department, Transportation Division, 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 permanent easements in and to the following described real property, be appropriated for the public purpose of the Group 10 Miscellaneous Intersection Improvement Project, #530161pursuant 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 Code (1959), Chapter 909:
2P
0.014 ACRE DRAINAGE EASEMENT
COLUMBUS SOUTHERN POWER
Situated in the State of Ohio, County of Franklin, Township of Prairie, and being part of Virginia Military Survey Number 5224, and being part of a 6.127 acre tract of land conveyed to Columbus Southern Power by deed of record in Official Record Volume 13352, H07 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing at a railroad spike found in the centerline of Trabue Road, said railroad spike being at the northwest corner of the grantor's tract and the northeast corner of a 1.500 acre tract of land conveyed to Sasquatch Properties, Ltd. by deed of record in Instrument Number 200008240170528;
thence South 11 degrees 54 minutes 16 seconds West, leaving the aforementioned centerline and with the Grantor's westerly property line and the easterly property line of the said 1.500 acre tract of land, for a distance of 32.79 feet to an iron pin found, said iron pin also being on the southerly existing right of way line of Trabue Road and being the Point of Beginning of the 0.014 acre drainage easement herein described
thence North 78 degrees 05 minutes 24 seconds East, with the aforementioned existing right of way line, for a distance of 126.21 feet to a point on the grantor's easterly property line and the westerly property line of a 3.111 acre tract of land conveyed to James V. Pearson, Jr. by deed of record in Deed Book 3526, Page 69 and Deed Book 3623, Page 282;
thence South 13 degrees 10 minutes 52 seconds West, leaving the said existing right of way line and with the aforementioned property line, for a distance 5.52 feet to a point;
thence South 78 degrees 05 minutes 24 seconds West, leaving the said property line, for a distance of 126.08 feet to a point on the said grantor's westerly property line and the said easterly property line of the 1.500 acre tract;
thence North 11 degrees 54 minutes 16 seconds East, with the said property line, for a distance of 5.47 feet to the Point of Beginning.
The above described area is contained with the Franklin County Auditor's Parcel Number 241-000012 Within said boundary is 630.7 square feet or 0.014 acres, more or less, and is subject to all rights-of-way, easements, and restrictions of record.
This description was prepared under the direction and supervision of Paul F. Junk, Registered Surveyor Number 6206, and is based upon a field survey of front R/W pins found, centerline of existing roadway and recorded deed descriptions. The survey is not a complete boundary survey of the properties involved in the Trabue Road Improvements Project. The survey was performed by Columbus Engineering Consultants, Inc. in January 1998.
The bearings in this description are based on the centerline of Trabue Road, being North 78 degrees 05 minutes 24 seconds East, which is based on the State Plane Coordinate System, Ohio South Zone, NAD 83, (1986 Adjustment), which were determined by GPS observations conducted by the Franklin County Engineer's Office, occupying Franklin County Geodetic Survey Monuments Wediehl and Grandview. Paul F. Junk, Registered Surveyor No. 6206
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 its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Six Hundred Dollars ($600).
Section 5. 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 6. That the expenditure of $600.00, or so much thereof as may be necessary the City Attorney's Office, Real Estate Division be and hereby is authorized to expend $600.00 or so much thereof as may be necessary from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department 59-09; Transportation Division, Object Level Three Code 6601, OCA Code 644385 and Project 530161, AC# 024593.
Section 7. That for the reasons state 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.