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 Como/Milton Area Sanitary Improvement Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to move forward and thus maintaining the Division of Sewerage and Drainage construction schedule.
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 Como/Milton Area Sanitary 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 Como/Milton Area Sanitary Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0111X-2005, on the 25th day of July, 2005, 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 Service, Division 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 Como/Milton Area Sanitary Improvement Project, #650685, 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:
6P
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 9, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Charlene F. Wilkerson by deed of record in Official Record 13222C20, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the southeast corner of said Wilkerson tract and also the southwest corner of a tract of land conveyed to Eugene H. Pierce and Elaine Pyrch Pierce by deed of record in Official Record 08806B16, said corner also being on a line common to said Lot 9 and Lot 26 as numbered and delineated on said subdivision plat;
Thence North 88o15'50" West with a line common to said Lot 9 and said Lot 26, said line also being the north line of a tract of land conveyed to the Trustees North Broadway United Methodist Church by deed of record in Official Record 13444D20 and a tract of land conveyed to Jeffrey P. Lohrer and Anna M. Lohrer by deed of record in Official Record 05138B11, a distance of 55.00 feet to a point at the southwest corner of said Wilkerson tract, said point also being the southeast corner of a tract of land conveyed to Trustees North Broadway United Methodist Church by deed of record in Volume 2341, Page 244;
Thence North 01o39'58" East with a line common to said Wilkerson tract and said Trustees North Broadway United Methodist Church tract a distance of 15.00 feet to a point;
Thence South 88o15'50" East crossing said Wilkerson tract with a line parallel to and 15.00 feet north of the southerly line of said Wilkerson tract, a distance of 55.00 feet to a point in the easterly line of said Wilkerson and also in the westerly line of the said Pierce tract;
Thence South 01o39'58" West with said easterly line, a distance of 15.00 feet to the point of beginning containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 2. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
15P
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 12, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Jeffrey A. Ruschau and Suzanne Flesch by deed of record in Instrument Number 199908020195213, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the southeasterly corner of the said Ruschau and Flesch tract, also being the southwesterly corner of a tract of land conveyed to Michael J. Iannarino and Dorota L. Iannarino by deed of record in Official Record 32714I16, the same also being in a line common to said Lot 12, and Lot 23, as numbered and delineated on said subdivision plat, and in the northerly line of that tract of land conveyed to J. Kimble Rigney and Barbara H. Rigney by deed of record in Volume 3737, Page 294;
Thence North 88o15'50" West with the southerly line of the said Ruschau and Flesch tract, the same also being, in part, the northerly line of the said Rigney tract, and, in part the northerly line of that tract of land conveyed to Byron C. Wilson and Sandra M. Wilson by deed of record in Instrument Number 199712300177999, the same being a line common to said Lot 12 and said Lot 23, a distance of 55.67 feet to the southwesterly corner of the said Ruschau and Flesch tract, said corner also being the southeasterly corner of that tract of land conveyed to Eugene R. Sapp and Norma J. Sapp by deeds of record in Volume 3690, Page 129 and Volume 3690, Page 130;
Thence North 01o39'58" East with a line common to the said Ruschau and Flesch tract and the said Sapp tract, a distance of 15.00 feet to a point;
Thence South 88o15'50" East crossing the said Ruschau and Flesch tract with a line parallel to and 15.00 feet northerly of the southerly line of said Ruschau and Flesch tract, a distance of 55.67 feet to a point in the easterly line of the said Ruschau and Flesch tract and also in the westerly line of the said Iannarino tract;
Thence South 01o39'58" West with said easterly line, a distance of 15.00 feet to the point of beginning containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 3. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
41T
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 20, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Robert W. Neff and Therese W. Neff by deed of record in Instrument Number 200406170139258, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning for reference at the northeasterly corner of the said Neff tract, the northwesterly corner of that tract of land conveyed to Gary E. Means by deed of record in Official Record 15918G17, the southeasterly corner of that tract of land conveyed to Donna M. Wallace ( ½ interest) by deed of record in Official Record 11374B16 and Patricia A. Williamson ( ½ interest) by deed of record in Volume 3716, Page 712, and the southwesterly corner of that tract of land conveyed to Daniel R. Imlay and Mary J. Imlay by deed of record in Official Record 30294H02, also being a corner common to Lot 15, Lot 16, Lot 19 and Lot 20, as said Lots are numbered and delineated on said subdivision plat;
Thence South 01o39'58" West with the easterly line of the said Neff tract, the westerly line of the said Means tract, a distance of 15.00 feet to the TRUE POINT OF BEGINNING for the tract herein described;
Thence South 01o39'58" West continuing with the said easterly line of the said Neff tract, a distance of 10.00 feet to a point;
Thence North 88o15'50" West continuing across the said Neff tract with a line parallel to and 25.00 feet southerly of the northerly line of said Neff tract, a distance of 82.84 feet to a point in the westerly line of the said Neff tract and in the easterly line of that tract of land conveyed to Mary Rodgers, Trustee by deed of record in Instrument Number 200207030163159;
Thence North 01o39'58" East with the westerly line of the said Neff tract, the easterly line of the said Rodgers, Trustee tract, a distance of 10.00 feet to a point;
Thence South 88o15'50" East crossing the said Neff tract with a line parallel to and 15.00 feet southerly of the northerly line of the said Neff tract, a distance of 82.84 feet to the TRUE POINT OF BEGINNING, containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
41P
0.029 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 20, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Robert W. Neff and Therese W. Neff by deed of record in Instrument Number 200406170139258, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the northeasterly corner of the said Neff tract, the northwesterly corner of that tract of land conveyed to Gary E. Means by deed of record in Official Record 15918G17, the southeasterly corner of that tract of land conveyed to Donna M. Wallace ( ½ interest) by deed of record in Official Record 11374B16 and Patricia A. Williamson ( ½ interest) by deed of record in Volume 3716, Page 712, and the southwesterly corner of that tract of land conveyed to Daniel R. Imlay and Mary J. Imlay by deed of record in Official Record 30294H02, also being a corner common to Lot 15, Lot 16, Lot 19 and Lot 20, as said Lots are numbered and delineated on said subdivision plat;
Thence South 01o39'58" West with the easterly line of the said Neff tract, the westerly line of the said Means tract, a distance of 15.00 feet to a point;
Thence North 88o15'50" West crossing the said Neff tract with a line parallel to and 15.00 feet southerly of the northerly line of said Neff tract, a distance of 82.84 feet to a point in the westerly line of the said Neff tract and in the easterly line of that tract of land conveyed to Mary Rodgers, Trustee by deed of record in Instrument Number 200207030163159;
Thence North 01o39'58" East with a line common to the said Neff tract and said Rodgers, Trustee tract a distance of 15.00 feet to the northwesterly corner of the said Neff tract, the northeasterly corner of the said Rodgers, Trustee tract, also being in the southerly line of that tract of land conveyed to Denise R. Brickner and Kevin M. Coyne by deed of record in Instrument Number 199707112245487, also being in the southerly line of said Lot 15 and the northerly line of said Lot 20;
Thence South 88o15'50" East with the northerly line of the said Neff tract, and, in part the southerly line of the said Brickner and Coyne tract and, in part, the southerly line of the said Wallace and Williamson tract, a distance of 82.84 feet to the point of beginning, containing 0.029 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 4. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
44P
(FKA 44T)
0.023 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of Lot 21, as the same is numbered and delineated on the subdivision plat entitled "Loren's and Dennison's Subdivision" of record in Plat Book 4, Pages 370 and 371, and being within a tract of land conveyed to Richard Edward Osborne and Donna Leigh-Osborne by deed of record in Instrument Number 200307250231428, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the northwesterly corner of the said Osborne tract, the northeasterly corner of that tract of land conveyed to John G. Ritchey and Emelie J. Ritchey by deed of record in Volume 3546, Page 205, the southeasterly corner of that tract of land conveyed to Melvin A. Strong and Elaine H, Strong, Co-Trustees by deeds of record in Official Records 31465F01 and 31465F03, and the southwesterly corner of that tract of land conveyed to Mary L. Meyer and Linda A. Koch by deed of record in Official Record 12189J19, also being a corner common to Lot 13, Lot 14, Lot 21 and Lot 22, as said Lots are numbered and delineated on said subdivision plat;
Thence South 88o15'50" East with the northerly line of the said Osborne tract, the same being the southerly line of the said Meyer and Koch tract and, in part, the southerly line of that tract of land conveyed to Maxine M. Wade by deeds of record in Official Records 30190F19, 30304F06, and 30304F08, the same also being a line common to said Lot 14 and said Lot 21, a distance of 100.00 feet to the northeasterly corner of the said Osborne tract, the same also being a northwesterly corner of that tract of land conveyed to Marshall R. Haddock and Ruth T. Haddock by deed of record in Volume 3475, Page 752;
Thence South 01o39'58" West with the easterly line of the said Osborne tract, the westerly line of the said Haddock tract, a distance of 10.17 feet to a point;
Thence North 88o15'50" West crossing the said Osborne tract with a line parallel to and 10.17 feet southerly of the northerly line of said Osborne tract, a distance of 100.00 feet to a point in the westerly line of the said Osborne tract and in the easterly line of the said Ritchey tract;
Thence North 01o39'58" East with a line common to the said Osborne tract and said Ritchey tract a distance of 10.17 feet to the point of beginning, containing 0.023 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 5. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Como/Milton Area Sanitary Improvement Project, #650685, 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:
58T
0.019 Acre Easement Area
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a portion of a 6.12 acre tract known as Pennock's Parcels, and being within a tract of land conveyed to Robert L. Eagle and Mary L. Eagle by deed of record in Official Record 03117A18, all references are to records of the Franklin County, Ohio Recorder's Office, and being more particularly described as follows.
Beginning at the southeasterly corner of the said Eagle tract, the southwesterly corner of that tract of land conveyed to Robert Joseph Melvin and Sandra Elaine Melvin by deed of record in Official Record 05817D08, also being in the northerly right of way line of a 20.00 feet wide alley;
Thence North 88o15'50" West with a southerly line of the said Eagle tract and said northerly right of way line, a distance of 50.00 feet to a southwesterly corner of said Eagle tract, also being the southeasterly corner of that tract of land conveyed to Olentangy Forrest, LLC by deed of record in Instrument Number 200205060113335;
Thence North 00o25'51" East with a line common to the said Eagle tract and the said Olentangy Forrest, LLC tract, a distance of 16.75 feet to a point;
Thence South 88o15'50" East crossing the said Eagle tract with a line parallel to and 16.75 feet northerly of the southerly line of the said Eagle tract, a distance of 50.00 feet to a point in the easterly line of the said Eagle tract, also being in the westerly line of the said Melvin tract;
Thence South 00o 25'51" West with said easterly line, a distance of 16.75 feet to the point of beginning containing 0.019 acre of land, more or less.
The bearings cited in this description are based on the Ohio State Plane Coordinate System, South Zone, as per NAD 83.
Resource International, Inc., Mark S. Ward P.S. 7514
Section 6. 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 7. That the Council of the City of Columbus hereby declares the value of said construction and permanent easements as follows:
1. 6P $1,515.00
2. 15P $1,515.00
3. 41P, T $3,155.00
4. 44P $1,870.00
5. 58T $880.00
Section 8. 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 9. 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.