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File #: 0175X-2006    Version: 1
Type: Resolution Status: Passed
File created: 10/12/2006 In control: Safety Committee
On agenda: 11/6/2006 Final action: 11/9/2006
Title: To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Broadmeadows Sanitary Sewer Improvements Project, and to declare an emergency.
Explanation
 
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Broadmeadows Sanitary Sewer Improvements Project.
 
Fiscal Impact:
 
    N/A
 
Emergency Designation: The Division of Sewerage and Drainage is requesting City Council to consider this ordinance an emergency measure in order to allow the project to be completed in accordance with the provisions of an existing consent order between the City and the Ohio Attorney General's Office.  Failure to adhere to the project schedule contained within the consent order will make the City liable for stipulated fines.
 
Title
 
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Broadmeadows Sanitary Sewer Improvements Project, and to declare an emergency.
 
 
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Broadmeadows Sanitary Sewer Improvements 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 and construction 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 and construction easements in, over, under and through the following described real estate necessary for the Broadmeadows Sanitary Sewer Improvements Project, Project # 650672, 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:
 
      4AT
Temporary Easement
on the property of
Cynthia J. Drumm
287 East Kanawha Avenue
East of North High Street
Situated in the State of Ohio, in the County of Franklin, in the City of Columbus and being a part of the Cynthia J. Drumm parcel of record in Official Record 25788 E13 and being Lot 162 as numbered and delineated upon the plat of Sharon Heights Addition of record in Plat Book 10, Page 76, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows:
      Beginning at the southeasterly corner of said Lot 162, the same being the southwesterly corner of Lot 163 and in the northerly line of an 8 feet wide alley;
      thence North 87°11'53" West 15.00 feet, in the southerly line of said Lot 162 and in the northerly line of said 8 feet wide alley, to a point;
      thence North 02°33'37" East 10.00 feet, to a point;
      thence South 87°11'53" East 15.00 feet, to the easterly line of said Lot 162 and in the westerly line of said Lot 163;
      thence South 02°33'37" West 10.00 feet, in the easterly line of said Lot 162 and in the westerly line of said Lot 163, to the Place of Beginning containing 0.003 acres, more or less.
      This description is based on a field survey in August 2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane South Zone-NAD83.
      Gary L. Elswick, Professional Surveyor #6395                              
 
 
6B-T
Temporary Easement
on the property of
Josh and Anna Burford
207 Kanawha Avenue
East of North High Street
Situated in the State of Ohio, in the County of Franklin, in the City of Columbus and being a part of the Josh and Anna Burford parcel of record in Instrument 199706060016949 and being Lot 151 as numbered and delineated upon the plat of Sharon Heights Addition of record in Plat Book 10, Page 76, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows:
      Beginning at the southwesterly corner of said Lot 151, the same being the southeasterly corner of Lot 150 and in the northerly right-of-way line of an 8 feet wide alley;
      thence North 02°33'37" East 10.00 feet, in the westerly line of said Lot 151 and in the easterly line of said Lot 150, to a point;
      thence South 87°11'53" East 5.00 feet, to a point;
      thence South 02°33'37" West 10.00 feet, to the southerly line of said Lot 151 and the northerly right-of-way line of said 8 feet wide alley;
      thence North 87°11'53" West 5.00 feet, in the southerly line of said Lot 151 and in the northerly right-of-way line of said 8 feet wide alley, to the Place of Beginning containing 0.001 acres, more or less.
      This description is based on a field survey in August,  2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane South Zone-NAD83.
      Gary L. Elswick, Professional Surveyor #6395                              
 
 
12A-T
Temporary Easement
on the property of
Janette L. and Arthur R. Elsea, Co-Trustees
299 Charleston Avenue
East of North High Street
Situated in the State of Ohio, in the County of Franklin, in the City of Columbus and being a part of the Janette L. and Arthur R. Elsea, Co-Trustees, parcel of record in Instrument #200407150164207 and being Lots 52 and 53 as numbered and delineated upon the plat of Sharon Heights Addition of record in Plat Book 10, Page 76, all references being to the Recorder's Records, Franklin County, Ohio, and being more particularly described as follows:
      Beginning at the northwesterly corner of said Lot 52, the same being the northeasterly corner of Lot 51 and in the southerly right-of-way line of Charleston Avenue (60 feet wide);
      thence South 86°46'23" East 10.00 feet, in the northerly line of said Lot 52 and in the southerly right-of-way line of said Charleston Avenue, to a point;
      thence South 02°33'37" West 166.58 feet, to a point;
      thence South 53°17'20" East 27.94 feet, to a point;
      thence South 86°46'23" East 66.88 feet, to the easterly line of said Lot 53 and the westerly line of Lot 54;
      thence South 02°33'37" West 10.00 feet, in the easterly line of said Lot 53 and the westerly line of said Lot 54, to the northerly right-of-way line of a16 feet wide alley;
      thence North 86°46'23" West 70.00 feet, in the southerly lines of said Lots 53 and 52 and in the northerly right-of-way line of said 16 feet wide alley, to a point;
      thence North 53°17'20" West 36.25 feet, to the westerly line of said Lot 52 and the easterly line of  Lot 51;
      thence North 02°33'37" East 172.00 feet, in said westerly line of Lot 52 and said easterly line of Lot 51, to the Place of Beginning containing 0.062 acres, more or less.
      This description is based on a field survey in August, 2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane South Zone-NAD83.
      Gary L. Elswick, Professional Surveyor #6395                              
 
      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 stated 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.