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 Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II.Fiscal Impact: N/AEmergency Justification: Emergency action is requested to allow acquisition activities to begin as soon as possible thereby allowing for commencement of construction of this project within this years construction season.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II 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 Big Walnut/Rickenbacker Sanitary Inceptor Sewer Project Part II, Project #650491, 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:
P466-ICS
Situate in the State of Ohio, County of Franklin, being a part of the southeast quarter of Section 24, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.116 acres permanent easement out of the 8.092 acres of land described in Instrument Number 200107110157136, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to the Executive Land Holdings, LLC, said permanent easement for sanitary sewer purposes being more particularly described as follows;
Beginning for reference in the Grantor's southerly line and the northerly line of BT Property, LLC, of record in Instrument Number 199910250268085,at an iron pin called and found in the westerly right of way line of Alum Creek Drive, said point also be in the centerline of a sixty feet wide City of Columbus sewer easement, of record in Deed Book 2727, Page 565;
thence, North 17° 51' 00" East, with the said Alum Creek right of way line, a distance of 31.78 feet to the TRUE POINT OF BEGINNING and the southeasterly corner of the 0.116 acres permanent easement for sanitary sewer purposes and the northerly line of the said City of Columbus sixty feet wide easement;
thence, South 88° 33' 48" West, with the said northerly line of the City of Columbus easement being thirty feet distant northerly measured perpendicularly from the grantor's southerly line, a distance of 174.79 feet to a point, the southwesterly corner of the said permanent easement being described;
thence, North 17° 49' 51" East, leaving the said City of Columbus easement line, and with the westerly line of the permanent easement being described, a distance of 30.71 feet to a point, the northwesterly corner of the said easement being described;
thence, North 88° 33' 48" East, with the northerly line of the permanent easement being described, and the southerly line of a temporary construction easement, a distance of 174.80 feet to a point in the said westerly right of way line of said Alum Creek Drive;
thence, South 17° 51' 00" West, with the said westerly right of way line of Alum Creek Drive, a distance of 30.72 feet to the TRUE POINT OF BEGINNING of the permanent easement being described. The permanent easement, as described above, contains 0.116 acres, more or less, subject to all legal highways, and other easements of record.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
P-466-S
Situate in the State of Ohio, County of Franklin, being a part of the southeast quarter of Section 24, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.762 acres permanent easement at an elevation of 709.00 feet (North American Vertical Datum 1988) and below, the surface elevation being +/-715 feet and above, out of the 8.092 acres of land described in Instrument Number 200107110157136, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to the Executive Land Holdings, LLC, said permanent subsurface easement for sanitary sewer purposes being more particularly described as follows;
Beginning for reference in the Grantor's southerly line and the northerly line of BT Property, LLC, of record in Instrument Number 199910250268085, at an iron pin called and found in the westerly right of way line of Alum Creek Drive, said point also be in the centerline of a sixty feet wide City of Columbus sewer easement, of record in Deed Book 2727, Page 565;
thence, North 17° 51' 00" East, with the said Alum Creek right of way line, a distance of 61.50 feet to the TRUE POINT OF BEGINNING and the northeasterly corner of the 0.116 acres permanent easement for sanitary sewer purposes, passing the northerly line of the said City of Columbus sixty feet wide easement at 31.78 acres;
thence, South 88° 33' 48" West, crossing the grantor's lands with the northerly line of the said 0.116 acres permanent easement, a distance of 74.45 feet to a point, the southwesterly corner of the permanent subsurface easement being described;
thence, northerly 111.27 feet on a non-tangential curve to the right, whose central angle is 7° 40' 52", whose radius is 830.00 feet, and whose chord bears North 24° 37' 21" East a distance of 111.19 feet to a point of tangency;
thence, North 28° 27' 47" East, continuing with the westerly line of the subsurface easement, a distance of 245.90 feet to a point of curvature in the subsurface easement being described;
thence, northerly 123.17 feet with the westerly line of said subsurface permanent easement, on a tangential curve to the left, whose radius is 770.00 feet, whose central angle is 9° 09' 56", and whose chord bears North 23° 52' 50" East a distance of 123.04 feet to a point of tangency, crossing the westerly right of way line of Alum Creek Drive at an arc distance of 98.06 feet;
thence, North 19° 17' 52" East, continuing with the westerly line of the said subsurface easement, a distance of 79.07 feet to a point in the grantor's northerly line and the southerly line of Whitland Properties LLC 0.497 acres parcel, of record in Instr: 200106220141687;
thence, South 71° 05' 04" East, with the grantor's northerly line and the said Whitland Properties LLC southerly line, a distance of 60.00 feet to a point;
thence, South 19° 17' 52" West, leaving the said Whitland Properties LLC southerly line, and crossing the grantor's lands with the easterly line of the said subsurface easement, a distance of 79.47
feet to a tangential point of curvature;
thence, southerly 132.77 feet along the said westerly line of the subsurface easement on a curve to the right, whose radius is 830.00 feet, whose central angle is 9° 09' 56", and whose chord bears South 23° 52' 50" West a distance of 132.63 feet to a point of tangency;
thence, South 28° 27' 47" West, continuing with the easterly line of the subsurface easement, a distance of 245.90 feet to a point of curvature in the said easterly line;
thence, southerly 10.14 feet, continuing with the said easterly line of the permanent subsurface easement on a tangential curve to the left, whose radius is 770.00 feet, whose central angle is 0° 45' 17", and whose chord bears South 28° 05' 09" West a distance of 10.14 feet to a point in the westerly right of way line of said Alum Creek Drive;
thence, South 17° 51' 00" West, with the westerly right of way line of Alum Creek Drive, a distance of 64.80 feet to the TRUE POINT OF BEGINNING of the permanent easement below elevation 709.00 feet being described. The permanent easement, as described above, contains 0.762 acres, more or less, subject to all legal highways, including Alum Creek Drive, which occupies 0.415 acres, more or less, leaving a balance of 0.347 acres, to be acquired, subject to other easements of record.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
T-466-ICS
Situate in the State of Ohio, County of Franklin, being a part of the southeast quarter of Section 24, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.163 acres temporary easement out of the 8.092 acres of land described in Instrument Number 200107110157136, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to the Executive Land Holdings, LLC, said temporary easement for sanitary sewer construction purposes being more particularly described as follows;
Beginning for reference in the southerly line of the Grantor's 8.092 acres and the northerly line of BT Property, LLC, of record in Instrument Number 199910250268085, at an iron pin called and found in the westerly right of way line of Alum Creek Drive, said point also being the centerline of a sixty feet wide City of Columbus sanitary sewer easement, of record in Deed Book 2727, Page 565;
thence, North 17° 51' 00" East, with the said Alum Creek right of way line, a distance of 61.50 feet to the southeasterly corner of the temporary easement for sanitary sewer construction purposes being described, and the TRUE POINT OF BEGINNING, passing the northerly line of the said City of Columbus sixty feet wide easement at 31.78 feet;
thence, South 88° 33' 48" West, crossing the grantor's lands with the northerly line of a permanent interconnect structure easement, a distance of 174.80 feet to a point at the northwesterly corner of the said permanent interconnect structure easement;
thence, North 17° 49' 51" East, with the westerly line of the said temporary easement being described, a distance of 42.90 feet to a point at the northwest corner of the said easement;
thence, North 88° 33' 48" East, with the northerly line of the said temporary easement being described, a distance of 174.81 feet to a point in the westerly right of way line of said Alum Creek Drive, the northeasterly corner of the said temporary easement;
thence, South 17° 51' 00" West, with the easterly line of the said temporary easement being described and the said westerly right of way line of said Alum Creek Drive, a distance of 42.91 feet to the TRUE POINT OF BEGINNING of the temporary easement for sanitary sewer construction purposes being described herein. The temporary easement, as described above, contains 0.163 acres, more or less, subject to all legal highways and other easements of record.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor S-6899
T-466-S
Situate in the State of Ohio, County of Franklin, being a part of the southeast quarter of Section 24, Township 4 North, Range 22 West, Hamilton Township, Matthews Survey in Range XXII of Congress Lands East of the Scioto River, and a 0.032 acres temporary easement out of the 8.092 acres of land described in Instrument Number 200107110157136, this and all further references being to the records of the Franklin County Recorder=s Office, and conveyed to the Executive Land Holdings, LLC, said temporary easement for sanitary sewer constriction purposes being more particularly described as follows;
Beginning for reference in the Grantor's southerly line and the northerly line of BT Property, LLC, of record in Instrument Number 199910250268085, at an iron pin called and found in the westerly right of way line of Alum Creek Drive, said point also be in the centerline of a sixty feet wide City of Columbus sewer easement, of record in Deed Book 2727, Page 565;
thence, North 17° 51' 00" East, with the said Alum Creek right of way line, a distance of 104.41 feet to the TRUE POINT OF BEGINNING and the southeasterly corner of the temporary easement for sanitary sewer construction purposes, also being the northeasterly corner of a temporary easement for construction of the interconnect structure, passing the northerly line of the City of Columbus sixty feet wide easement at 31.78 feet, and passing the northeasterly corner of a permanent easement for an interconnect structure at 62.50 feet;
thence, South 88° 33' 48" West, crossing the grantor's lands with the northerly line of the said 0.163 acres temporary easement, a distance of 70.80 feet to a point, the southwesterly corner of the temporary easement being described;
thence, northerly 67.02 feet on a non-tangential curve to the right, whose central angle is 4° 37' 36", whose radius is 830.00 feet, and whose chord bears North 26° 08' 59" East a distance of 67.00 feet to a point of tangency;
thence, North 28° 27' 47" East, continuing with the westerly line of the said temporary easement, a distance of 245.90 feet to a point of curvature in the temporary easement being described;
thence, northerly 123.17 feet with the westerly line of said temporary easement, on a tangential curve to the left, whose radius is 770.00 feet, whose central angle is 9° 09' 56", and whose chord bears North 23° 52' 50" East a distance of 123.04 feet to a point of tangency, crossing the westerly right of way line of Alum Creek Drive at an arc distance of 98.06 feet;
thence, North 19° 17' 52" East, continuing with the westerly line of the said temporary easement, a distance of 79.07 feet to a point in the grantor's northerly line and the southerly line of Whitland Properties LLC 0.497 acres parcel, of record in Instr: 200106220141687;
thence, South 71° 05' 04" East, with the grantor's northerly line and the said Whitland Properties LLC southerly line, a distance of 60.00 feet to a point;
thence, South 19° 17' 52" West, leaving the said Whitland Properties LLC southerly line, and crossing the grantor's lands with the easterly line of the said temporary easement, a distance of 79.47
feet to a tangential point of curvature;
thence, southerly 132.77 feet along the said easterly line of the temporary easement on a
curve to the right, whose radius is 830.00 feet, whose central angle is 9° 09' 56", and whose chord bears South 23° 52' 50" West a distance of 132.63 feet to a point of tangency;
thence, South 28° 27' 47" West, continuing with the easterly line of the temporary easement, a distance of 245.90 feet to a tangential point of curvature in the said easterly line;
thence, southerly 10.14 feet, continuing with the said easterly line of the temporary easement on a tangential curve to the left, whose radius is 770.00 feet, whose central angle is 0° 45' 17", and whose chord bears South 28° 05' 09" West a distance of 10.14 feet to a point in the westerly right of way line of said Alum Creek Drive;
thence, South 17° 51' 00" West, with the westerly right of way line of Alum Creek Drive, a distance of 21.89 feet to the TRUE POINT OF BEGINNING of the temporary easement being described. The temporary easement, as described above, contains 0.694 acres, more or less, subject to all legal highways, including Alum Creek Drive, which occupies 0.415 acres, more or less, leaving a balance of 0.279 acres, to be acquired, subject to other easements of record.
The basis for bearings in the above description is the direction from Franklin County Monument FCGS 9930 (Intersection of Shook Road with State Route 317) to Franklin County
Monument FCGS 9927 (In Shook Road at the center quarter corner of Section 36) as bearing North 3° 37= 38@ East.
Roger M. Smith, P.S., P.E., Ohio Registered Surveyor, S-6899
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.