Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and
permanent easements in and to real estate necessary for the Big Walnut Sanitary Trunk Extension Project.
Fiscal Impact: Funding for this project is from the Department Public Utilities, Division of Sewerage and Drainage, Sewer System Permanent Improvement Fund.
Emergency Justification: Emergency action is requested to allow the immediate filing of the complaints and the timely scheduling of a court date for appropriation of the parcels necessary for the aforementioned project to proceed without delay.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Big Walnut Sanitary Trunk Extension Project, to authorize the expenditure of $750.00 from the Sewer System Permanent
Improvement Fund and to declare an emergency. ($750.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Big Walnut Sanitary Trunk Extension Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 388X-2003, on the 17th day of November, 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 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 peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Big Walnut Sanitary Trunk Extension Project, #650033, 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:
5ST
Subterranean Tunnel Easement
From: Fauzi Tayim
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 809 AND 844:
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement thirty-five (35.00) feet in height within a 1.447 acre tract conveyed to Fauzi Tayim of record in Official Record 1403-J14 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning in the southerly line of said 1.447 acre tract, in the northerly line of a 10.9056 acre tract conveyed to Paula J. Gummer of record in Official Record 32887-I07, and in the westerly right-of-way of Lee Road;
Thence along the southerly line of said 1.447 acre tract and the northerly line of said 10.9056 acre tract, North 55°16'58" West a distance of 9.87 feet to a point;
Thence crossing through said 1.447 acre tract, North 36°06'15" East a distance of 383.97 feet to the northerly line of said 1.447 acre tract and the southerly line of a 1.533 acre tract conveyed to Clyde N. and Gail C. Merrell of record in Official Record 19913-E20;
Thence along the northerly line of said 1.447 acre tract and the southerly line of said 1.533 acre tract, South 86°05'51" East a distance of 6.09 feet to the westerly right-of-way of Lee Road;
Thence along the westerly right-of-way of Lee Road, with the arc of a curve to the left having a radius of 2894.59, a central angle of 02°16'08", and a chord that bears South 36°12'16" West a chord distance of 114.62 feet to a point;
Thence continuing along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 272.40 feet to the True Point of Beginning;
Said easement contains a volume of 89,110 cubic feet, more or less, and the area of the horizontal plane at elevation 809 contains 0.058 acres (2546 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc. Robert A. Bosworth, P.S. 7750 Date
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said construction and permanent easements as follows:
1. 5-ST $750.00
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 $750.00, or so much thereof as may be necessary for the Big Walnut Sanitary Trunk Extension Project, #650033, from the Sewer System Permanent Improvement Fund, 671, Dept./Div. 60-05, OCA Code 671033, Object Level Three 6601, AC #020709-001, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. 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.