Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Hard Road Phase B Project.
Fiscal Impact: Funding for this project is from the Federal-State Highway Engineering Fund.
Emergency Justification: N/A
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Hard Road Phase B Project, to authorize the expenditure of $18,400.00 from the Federal-State Highway Engineering Fund. ($18,400.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Hard Road Phase B Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 031X-02, on the 4th day of March, 2002, 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; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Hard Road Phase B Project, #561001, 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:
100WD
Easement
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot 15, FLAVEL TULLER'S SURVEY OF SECTION 1, TOWNSHIP 2, RANGE 19, USML, according to the plat thereof, as recorded in Plat 3, Page 60, and being 0.003 acres (139.3 square feet) out of that tract, conveyed to Smokey Row & Hard, Ltd., as described in Instrument 199807290189890, these and all further references being to the records of the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning for Reference at a monument found and to be reset upon completion of construction, at the centerline intersection of Hard Road (Station 164+87.28) and Smoky Row Road (Station 20+00.00), as delineated on the Centerline Plat prepared by URS Greiner for said improvement to Hard Road, on record in the Franklin County Engineer's Office; thence N 87º 38' 42" W, along the centerline of said Hard Road, a distance of 93.37 feet to Station 163+93.91; thence
N 02º 21' 18" E (perpendicular to the previous course), a distance of 50.00 feet to an iron pin set on the arc of a non-tangent curve (radial line through said point bears N 79º 48' 27" E), being 50.00 feet left of Station 163+93.91 and being the TRUE POINT OF BEGINNING;
Thence northeasterly along said arc, being concave to the northwest, having a radius of 20.00 feet, a delta of 102º 20' 44", an arc distance of 35.73 feet, a chord bearing and distance of
N 40º 58' 48" E, 31.16 feet to an iron pin set 74.35 feet left of Station 164+13.36;
Thence N 79º 48' 27" E, a distance of 5.45 feet to an iron pin set 75.53 feet left of Station 164+18.68;
Thence S 10º 11' 34" E, along Grantor's easterly line, a distance of 1.23 feet to an iron pin set at a point of curvature, being 74.33 feet left of Station 164+18.95;
Thence southwesterly along Grantor's southeasterly line, on the arc of a tangent curve, being concave to the northwest, having a radius of 20.00 feet, a delta of 101º 50' 24", an arc distance of 35.55 feet, a chord bearing and distance of S 40º 45' 44" W, 31.05 feet to an iron pin set 50.00 feet left of Station 163+99.66 feet;
Thence N 87º 38' 42" W, along Grantor's southerly line, a distance of 5.75 feet to the TRUE POINT OF BEGINNING and containing 0.003 acres (139.3 square feet) of land, more or less.
The above described acreage is contained in Auditor's Parcel 610-193731.
This description was prepared in May, 2001 by Carl F. Purtz III, Registered Surveyor Number 6598.
Iron pins set are 3/4 inch diameter rebar, thirty inches long with yellow identification caps.
The bearings are based on the centerline of Hard Road between monuments at Station 164+87.28 (at Smoky Row Road) and Station 177+02.32 (at Saddle Run/Fallhaven Drive) and correspond to the bearing of S 87º 31' 56" E, as delineated on said Centerline Plat.
Carl F. Purtz III, Ohio Registered Surveyor S-6598
100T-1
Easement
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot 15, FLAVEL TULLER'S SURVEY OF SECTION 1, TOWNSHIP 2, RANGE 19, USML, according to the plat thereof, as recorded in Plat Book 3, Page 60, and being 0.161 acres out of 2.410 acres, conveyed to Smokey Row & Hard, Ltd., as described in Instrument 199807290189890, these and all further references being to the records of the Franklin County Recorder's Office, and being more particularly described as follows:
BEGINNING at Grantor's northeasterly corner, being the southeasterly corner of a tract of land, conveyed to Montgomery Court Apartments of Columbus II, as described in Official Record Book 5034 B02, as delineated on the Centerline Plat prepared by URS Greiner for said improvement to Hard Road, on record in the Franklin County Engineer's Office, 50.55 feet left of Station 22+66.63 (Smoky Row Road);
Thence S 10º 11' 34" E, along Grantor's easterly line, a distance of 178.00 feet to a point 75.53 feet left of Station 164+18.68 (Hard Road);
Thence S 79º 48' 27" W, a distance of 5.45 feet to a point on the arc of a non-tangent curve (radial line through said point bears N 79º 48' 27 " E), and being 74.35 feet left of Station 164+13.36;
Thence southwesterly along the arc of said curve, being concave to the northwest, having a radius of 20.00 feet, a delta of 102º 20' 44", an arc distance of 35.73 feet, a chord bearing and distance of S 40º 58' 48" W, 31.16 feet to a point of tangency;
Thence N 87º 38' 42" W, a distance of 38.91 feet to a point 50.00 feet left of Station 163+55.00; ;
Thence N 2º 21' 18" E, a distance of 35.00 feet to a point 85.00 feet left of Station 163+55.00;
Thence S 87º 38' 42" E, a distance of 31.16 feet to point 85.00 feet left of Station 163+86.16;
Thence N 10º 08' 12" W, a distance of 168.26 feet to Grantor's northerly line, being the southerly line of said Montgomery Court Apartments of Columbus II tract, and being 80.08 feet left of Station 22+73.20 (Smoky Row Road);
Thence S 87º 38' 42" E along said northerly and southerly line, a distance of 30.25 feet to the POINT OF BEGINNING and containing 0.161 acres of land, more or less.
The above described acreage is contained in Auditor's Parcel 610-193731.
This temporary easement is for the purpose of grading, walk and drive construction.
This description was prepared in May, 2001 by Carl F. Purtz III, Registered Surveyor Number 6598.
Iron pins set are 3/4 inch diameter rebar, thirty inches long with yellow identification caps.
The bearings are based on the centerline of Hard Road between monuments at Station 164+87.28 (at Smoky Row Road) and Station 177+02.32 (at Saddle Run/Fallhaven Drive) and correspond to the bearing of S 87º 31' 56" E, as delineated on said Centerline Plat.
Carl F. Purtz III Ohio Registered Surveyor S-6598
100T
Easement
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of Lot 15, FLAVEL TULLER'S SURVEY OF SECTION 1, TOWNSHIP 2, RANGE 19, USML, according to the plat thereof, as recorded in Plat Book 3, Page 60, and being 0.015 acres out of 1.438 acres, conveyed to Smokey Row & Hard, Ltd., as described in Instrument 199807290189890, these and all further references being to the records of the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning for Reference at a monument found and to be reset upon completion of construction, at the centerline intersection of Hard Road (Station 164+87.28) and Smoky Row Road (Station 20+00.00), as delineated on the Centerline Plat prepared by URS Greiner for said improvement to Hard Road, on record in the Franklin County Engineer's Office; thence N 87º 38' 42" W, along the centerline of said Hard Road, a distance of 257.28 feet to Station 162+30.00; thence
N 02º 21' 18" E (perpendicular to the previous course), a distance of 50.00 feet to a point in Grantor's southerly line, 50.00 feet left of Station 162+30.00 and being the TRUE POINT OF BEGINNING;
Thence N 87º 38' 42" W, along Grantor's said southerly line, a distance of 90.00 feet to a point 50.00 feet left of Station 161+40.00;
Thence N 47º 21' 18" E, a distance of 14.14 feet to a point 60.00 feet left of Station 161+50.00;
Thence S 87º 38' 42" E, a distance of 40.00 feet to a point 60.00 feet left of Station 161+90.00;
Thence S 73º 36' 32" E, a distance of 41.23 feet to the TRUE POINT OF BEGINNING and containing 0.015 acres of land, more or less.
The above described acreage is contained in Auditor's Parcel 610-193731.
This temporary easement is for the purpose of grading.
This description was prepared in April, 2000 by Carl F. Purtz III, Registered Surveyor Number 6598.
Iron pins set are 3/4 inch diameter rebar, thirty inches long with yellow identification caps.
The bearings are based on the centerline of Hard Road between monuments at Station 164+87.28 (at Smoky Row Road) and Station 177+02.32 (at Saddle Run/Fallhaven Drive) and correspond to the bearing of S 87º 31' 56" E, as delineated on said Centerline Plat.
Carl F. Purtz III, Ohio Registered Surveyor S-6598
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 hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus hereby declares the value of the subject real property interests to be Eighteen Thousand Four Hundred Dollars ($18,400.00).
Section 5. That the City Attorney be and he 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 6. That the expenditure of $18,400.00, or so much thereof as may be necessary from the Federal-State Highway Engineering Fund, Fund #765; Dept./Div. 59-03; Project No. 561001; OCA Code 561001; Object Level Three 6601 for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.