Explanation
The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the McDannald Estates Stormwater System Improvement Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage.
Emergency Justification: Emergency action is requested to allow the immediate acquisition and timely appropriation of those parcels, more fully described within the body of this legislation, which are necessary to the completion of the 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 McDannald Estates Stormwater System 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 McDannald Estates Stormwater System Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No.211X-04, on the 4th day of October, 2004, 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 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 McDannald Estates Stormwater System Improvement Project, #610994, 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:
T-20
Marcia L. Conley
0.0059 Acre
Temporary Easement 20
Parcel No. 600-164816
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Lot 12, McDannald Estates No. 2 and being a strip of land five (5.00) feet in width across a part of said lot as shown in Plat Book 32, Page 118, as conveyed to Marcia L. Conley by deed of record in Instrument Number 200009290198537, all references refer to records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a point on the arc of a curve to the left in the northerly right-of-way line of Heather Court being located southwesterly along the arc of said curve (Delta = 5º 44' 22", Radius = 50.00 feet) a chord bearing and distance of North 84º 47' 00" West, a distance of 5.01 feet from the southeasterly corner of said Lot 12;
Thence Southwesterly being along the arc of said curve (Delta = 5º 48' 05", Radius = 50.00 feet) a chord bearing and distance of South 89º 26' 50" West, a distance of 5.06 feet to a point;
Thence North 8° 02' 32" East, being ten (10.00) feet westerly from and parallel with the easterly line of said lot 12, a distance of 50.85 feet to a point in the southerly line of an existing twenty (20.00) feet easement;
Thence North 86° 49' 00" East, being along the southerly line of said existing easement, a distance of 5.10 feet to a point;
Thence South 8° 02' 32" West, being five (5.00) feet westerly from and parallel with the easterly line of said lot 12, a distance of 51.09 feet to the place of beginning containing 0.0059 acre of land more or less.
The bearings are based on the same meridian as the bearings shown upon the plat of that subdivision entitled "McDannald Estates No. 2" of record in Plat Book 32, Page 118, Recorder's Office, Franklin County, Ohio
Dynotec, Inc.
James R. Hill
Professional Surveyor 6919
T-22
ASP Columbus Development, LLC
0.0471 Acre
Temporary Easement 22
Parcel No. 600-166245
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 2, Range 17, United States Military lands and being a strip of land across a part of that 70.231 acres tract as conveyed to ASP Columbus Development, LLC by deed of record in Instrument Number 199904160095325, all references refer to records of the Recorders Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a point in the southerly line of said 70.231 acres tract in the southerly right-of-way of Heather Road, being the westerly terminus of said road as shown upon the plat entitled "McDannald Estates No. 3" of record in Plat Book 39, Page 53, said point also being in the northerly line of Lot 33 of that subdivision entitled "McDannald Estates No. 5", of record in Plat Book 43, Page 86;
Thence South 86° 59' 50" West, being along the northerly line of said Lot 33 and the northerly Terminus of Macintosh Drive a distance of 164.00 feet;
Thence North 3° 00' 10" West, crossing said 70.231 acre tract, a distance of 15.00 feet to a point;
Thence North 88° 44' 34" East, continuing across said 70.231 acre tract, a distance of 164.17 feet to a point in the easterly line of said 70.231 acre tract, also being the westerly Terminus of said Heather Road;
Thence South 2° 29' 40" East, along said easterly line and the westerly Terminus of said Heather Road, a distance of 10.00 feet to the place of beginning containing 0.0471 acre of land more or less
The bearings are based on the same meridian as the bearings shown upon the plat of that subdivision entitled "McDannald Estates No. 5", of record in Plat Book 43, Page 86, Recorder's Office, Franklin County, Ohio.
Dynotec, Inc.
James R. Hill
Professional Surveyor 6919
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 the value of the subject real property interests to be:
1. 20T $200.00
2. 22T $635.00
Section 4. 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 5. 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.