Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Morse Road and Elks Sanitary Sewer Improvement Project.
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 meet the Department of Sewers and Drains project time line.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Morse Road and Elks Sanitary Sewer Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Morse Road and Elks Sanitary Sewer Improvement Project; 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 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 easements in, over, under and through the following described real estate necessary for the Morse Road and Elks Sanitary Sewer Improvement Project, Project #650679, 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:
Parcel No. 5-P
Situated in the State of Ohio, County of Franklin, City of Columbus, being a perpetual easement in a 0.25 acre tract conveyed to Mark Schuler by deed of record in Instrument No. 200411240270321, being out of Reserve "B" of "Glen Burn Addition", a subdivision of record in Plat Book 17, Page 170, records of the Recorder's Office, Franklin County, Ohio, said easement being more particularly described as follows:
Beginning at the southeasterly corner of said 0.25 acre tract, in the northerly right-of-way line of Glen Burn Place (60 feet in width), being the southwesterly corner of 0.24 acre tract, conveyed to Babette L. Davis by deed of record in Deed Book 3650, Page 638;
Thence N 86º 25' 50" W, a distance of 15.09 feet, along then northerly right-of-way line of said Glen Burn Place, to a point;
Thence N 02º 51' 17" W, a distance of 23.51 feet, across said 0.25 acre tract, to a point at the southwesterly corner of an existing 10 foot easement, of record in Deed Book 2417, Page 459;
Thence N 77º 32' 28" E, a distance of 15.21 feet, across said 0.25 acre tract and along the southerly line of said existing 10 foot easement, to a point in the line common to said 0.25 acre tract and said 0.24 acre tract;
Thence S 02º 51' 17" E, a distance of 27.73 feet, along the line common to said 0.25 acre tract and said 0.24 acre tract, to the Point Of Beginning, containing 0.009 acres, more or less.
The bearings in the above description are based on the assumed bearing of N 86º 25' 50" W for the northerly right-of-way line of Glen Burn Place.
R. D. Zande & Assoc., Inc., Jeffrey D. Hofius, P.S. No. S-7455, 7/01/05.
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 state 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.