header-left
File #: 388X-2003    Version: 1
Type: Resolution Status: Passed
File created: 10/31/2003 In control: Safety Committee
On agenda: 11/17/2003 Final action: 11/19/2003
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 Sanitary Trunk Extension Part II, 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 Big Walnut Sanitary Trunk Extension Part II.Fiscal Impact:     N/AEmergency Justification:
 
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 Sanitary Trunk Extension Part II, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Big Walnut Sanitary Trunk Extension 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 Sanitary Trunk Extension Part II, Project #650033, 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:
 
1ST
Subterranean Tunnel Easement
Johan L. Hellebrekers
Subterranean Tunnel (Subsurface) Easement No. 1 - EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 805.5 AND 840.5:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Quarter Township 2, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within Lots 4 and 5 of Hickory Point Subdivision conveyed to Johan L. Hellebrekers of record in Plat Book 54, Page 100 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Commencing for reference at the northwesterly corner of said Lot 4, in the easterly line of a 1.290 acre tract conveyed to Michael and Loraine S. Koelbl of record in Official Record 24446-J04, and in the southerly right-of-way of Lee Road;
      Thence along the southerly right-of-way of Lee Road, with a curve to the right having a radius of 5699.18 feet, a central angle of 00°06'37", and a chord that bears North 33°55'10" East a chord distance of 10.96 feet to the True Point of Beginning;
      Thence continuing along the southerly right-of-way of Lee Road, with a curve to the right having a radius of 5699.18 feet, a central angle of 00°26'34", and a chord that bears North 34°11'46" East a chord distance of 44.05 feet to a point;
      Thence crossing through said Lot 4, with a curve to the left having a radius of 690.00 feet, a central angle of 05°22'12", and a chord that bears South 06°07'24" West a chord distance of 64.65 feet to a point;
      Thence crossing through said Lot 4 at first and then crossing through said Lot 5, South 03°26'18" West a distance of 558.56 feet to the southerly line of said Lot 5;
      Thence along the southerly line of said Lot 5, North 87°29'31" West a distance of 20.00 feet to a point, said point being South 87°29'31" East from the southwesterly corner of said Lot 5;
      Thence crossing through said Lot 5 at first and then said Lot 4, North 03°26'18" East a distance of 558.88 feet to a point;
      Thence crossing through said Lot 4, with a curve to the right having a radius of 710.00 feet, a central angle of 02°09'26", and a chord that bears North 04°31'01" East a chord distance of 26.73 feet to the True Point of Beginning;
      Said easement contains a volume of 422,870 cubic feet, more or less, and the area of the horizontal plane at elevation 805.5 contains 0.277 acres (12082 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc.        Robert A. Bosworth, P.S. 7750           Date
 
 
 
 
2ST-1, ST-2, P
Permanent, Temporary, and Subterranean Tunnel Easements at Shaft 5
Harold J. and Hazel A. Gardner
Permanent Easement
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being 0.100 acres within a 1.0 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 430 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the northerly line of said 1.0 acre tract, the southerly line of a 7.040 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 432 and being in the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 120.00 feet to a point;
      Thence crossing through said 1.0 acre tract, North 35°27'20" West a distance of 46.16 feet to a point;
      Thence continuing crossing through said 1.0 acre tract, North 35°03'51" East a distance of 80.00 feet to the northerly line of said 1.0 acre tract and the southerly line of said 7.040 acre tract;
      Thence along the northerly line of said 1.0 acre tract and the southerly line of said 7.040 acre tract, South 84°24'42" East a distance of 50.00 feet to the True Point of Beginning and containing 0.100 acres, more or less.
 
 
Temporary Easement
 
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being 0.600 acres within a 1.0 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 430 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Commencing for reference in the northerly line of said 1.0 acre tract, the southerly line of a 7.040 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 432 and being in the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 120.00 feet to the True Point of Beginning;
      Thence continuing along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 224.84 feet to a point;
      Thence continuing along the westerly right-of-way of Lee Road, with a curve to the left having a radius of 5759.17 feet, a central angle of 00°12'14", and a chord that bears South 34°58'05" West a chord distance of 20.49 feet to the westerly line of said 1.0 acre tract;
      Thence along a jog in the right-of-way of Lee Road at first, then along the easterly line of Lot 7 of Cautela Subdivision conveyed to Joseph P. and Elizabeth A. Czekanski of record in Plat Book 60, Page 99, and further along the easterly line of a 33 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 430, North 03°26'33" East a distance of 318.28 feet to the northwesterly corner of said 1.0 acre tract;
Thence along the northerly line of said 1.0 acre tract, South 84°24'42" East a distance of 141.69 feet to the westerly line of above described permanent easement;
      Thence along the westerly line of above described permanent easement, South 35°03'51" West a distance of 80.00 feet to the southwesterly corner of above described permanent easement;
      Thence along the southerly line of said above described permanent easement, South 35°27'20" East a distance of 46.16 feet to the True Point of Beginning and containing 0.600 acres, more or less.
 
 
Subterranean Tunnel (Subsurface) Easement No. 1 - EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 806.5 AND 841.5:
 
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within a 1.0 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 430 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Commencing for reference in the westerly line of said 1.0 acre tract and being in the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, with a curve to the right having a radius of 5759.17 feet, a central angle of 00°12'14", and a chord that bears North 34°58'05" East a chord distance of 20.49 feet to the True Point of Beginning;
      Thence crossing through said 1.0 acre tract, with a curve to the right having a radius of 710.00 feet, a central angle of 16°34'41", and a chord that bears North 26°24'21" East a chord distance of 204.72 feet to the southerly line of the above described permanent easement;
      Thence along the southerly line of the above described permanent easement, South 35°27'20" East a distance of 21.30 feet to a point;
      Thence crossing through said 1.0 acre tract, with a curve to the left having a radius of 690.00 feet, a central angle of 09°12'01", and a chord that bears South 29°29'39" West a chord distance of 110.68 feet to the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 85.12 feet to the True Point of Beginning;
      Said easement contains a volume of 113,050 cubic feet, more or less, and the area of the horizontal plane at elevation 806.5 contains 0.074 acres (3230 square feet), more or less.
 
 
Subterranean Tunnel (Subsurface) Easement No. 2 - EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 807.5 AND 842.5:
 
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within a 7.040 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 432 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the northerly line of said 7.040 acre tract, the southerly line of a 1.447 acre tract conveyed to George E. and Francyl L. Greenlee of record in Deed Book 2722, Page 56 and being in the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 136.58 feet to a point;
      Thence crossing through said 7.040 acre tract, South 36°06'15" West a distance 507.59 feet to the northerly line of the above described permanent easement;
      Thence along the northerly line of the above described permanent easement, North 84°24'42" West a distance of 23.22 feet to a point;
      Thence crossing through said 7.040 acre tract, North 36°06'15" East a distance 655.60 feet to the northerly line of said 7.074 acre tract and the southerly line of said 1.447 acre tract;
      Thence along the northerly line of said 7.074 acre tract and the southerly line of said 1.447 acre tract, South 54°59'55" East a distance of 17.54 feet to the True Point of Beginning;
      Said easement contains a volume of 449,050 cubic feet, more or less, and the area of the horizontal plane at elevation 807.5 contains 0.295 acres (12830 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above descriptions is attached hereto and made a part hereof.
DLZ Ohio, Inc.   Robert A. Bosworth, P.S. 7750                Date
 
 
 
3ST
Subterranean Tunnel Easement
George E. and Francyl L. Greenlee
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 808 AND 843:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement thirty-five (35.00) feet in height within a 1.447 acre tract conveyed to George E. and Francyl L. Greenlee of record in Deed Book 2722, Page 56 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the southerly line of said 1.477 acre tract, in the northerly line of a 7.040 acre tract conveyed to Harold J. and Hazel A. Gardner of record in Deed Book 2860, Page 432, and in the westerly right-of-way of Lee Road;
      Thence along the southerly line of said 1.477 acre tract and the northerly line of said  7.040 acre tract, North 54°59'55" West a distance of 17.54 feet to a point;
      Thence crossing through said 1.447 acre tract, North 36°06'15" East a distance of 100.06 feet to the northerly line of said 1.447 acre tract and the southerly line of a 10.9056 acre tract conveyed to Paula J. Gummer of record in Official Record 32887-I07;
      Thence along the northerly line of said 1.447 acre tract and the southerly line of said 10.9056 acre tract, South 54°56'12" East a distance of 15.73 feet to the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 100.02 feet to the True Point of Beginning;
      Said easement contains a volume of 58,240 cubic feet, more or less, and the area of the horizontal plane at elevation 808 contains 0.038 acres (1664 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc.   Robert A. Bosworth, P.S. 7750           Date
 
 
 
 
4ST
Subterranean Tunnel Easement
Paula J. Gummer
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 808.5 AND 843.5:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement thirty-five (35.00) feet in height within a 10.9056 acre tract conveyed to Paula J. Gummer of record in Official Record 32887-I07 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the southerly line of said 10.9056 acre tract, in the northerly line of a 1.447 acre tract conveyed to George E. and Francyl L. Greenlee of record in Deed Book 2722, Page 56, and in the westerly right-of-way of Lee Road;
      Thence along the southerly line of said 10.9056 acre tract and the northerly line of said  1.447 acre tract, North 54°56'12" West a distance of 15.73 feet to a point;
      Thence crossing through said 10.9056 acre tract, North 36°06'15" East a distance of 324.87 feet to the northerly line of said 10.9056 acre tract and the southerly line of a 1.447 acre tract conveyed to Fauzi Tayim of record in Official Record 1403-J14;
      Thence along the northerly line of said 10.9056 acre tract and the southerly line of said 1.447 acre tract, South 55°16'58" East a distance of 9.87 feet to the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 324.88 feet to the True Point of Beginning;
      Said easement contains a volume of 145,530 cubic feet, more or less, and the area of the horizontal plane at elevation 808.5 contains 0.095 acres (4158 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc.    Robert A. Bosworth, P.S. 7750           Date
 
 
 
5ST
Subterranean Tunnel Easement
From: Fauzi Tayim
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 809 AND 844:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement thirty-five (35.00) feet in height within a 1.447 acre tract conveyed to Fauzi Tayim of record in Official Record 1403-J14 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the southerly line of said 1.447 acre tract, in the northerly line of a 10.9056 acre tract conveyed to Paula J. Gummer of record in Official Record 32887-I07, and in the westerly right-of-way of Lee Road;
      Thence along the southerly line of said 1.447 acre tract and the northerly line of said  10.9056 acre tract, North 55°16'58" West a distance of 9.87 feet to a point;
      Thence crossing through said 1.447 acre tract, North 36°06'15" East a distance of 383.97 feet to the northerly line of said 1.447 acre tract and the southerly line of a 1.533 acre tract conveyed to Clyde N. and Gail C. Merrell of record in Official Record 19913-E20;
      Thence along the northerly line of said 1.447 acre tract and the southerly line of said 1.533 acre tract, South 86°05'51" East a distance of 6.09 feet to the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, with the arc of a curve to the left having a radius of 2894.59, a central angle of 02°16'08", and a chord that bears South 36°12'16" West a chord distance of 114.62 feet to a point;
      Thence continuing along the westerly right-of-way of Lee Road, South 35°04'12" West a distance of 272.40 feet to the True Point of Beginning;
      Said easement contains a volume of 89,110 cubic feet, more or less, and the area of the horizontal plane at elevation 809 contains 0.058 acres (2546 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
      DLZ Ohio, Inc.   Robert A. Bosworth, P.S. 7750           Date
 
 
6ST
Subterranean Tunnel Easement
Clyde N. and Gail C. Merrell
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 809.5 AND 844.5:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement thirty-five (35.00) feet in height within a 1.533 acre tract conveyed to Clyde N. and Gail C. Merrell of record in Official Record 19913-E20 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in the southerly line of said 1.533 acre tract, in the northerly line of a 1.447 acre tract conveyed to Fauzi Tayim of record in Official Record 1403-J14, and in the westerly right-of-way of Lee Road;
      Thence along the southerly line of said 1.533 acre tract and the northerly line of said  1.447 acre tract, North 86°05'51" West a distance of 6.09 feet to a point;
      Thence crossing through said 1.447 acre tract, North 36°06'15" East a distance of 165.52 feet to a point;
      Thence crossing through said 1.447 acre tract, with the arc of a curve to the right having a radius of 610.00, a central angle of 11°39'41", and a chord that bears North 41°58'22" East a chord distance of 123.94 feet to the westerly right-of-way of Lee Road;
      Thence along the westerly right-of-way of Lee Road, South 37°37'12" West a distance of 271.47 feet to a point;
      Thence continuing along the westerly right-of-way of Lee Road with the arc of a curve to the left having a radius of 2894.59, a central angle of 00°16'52", and a chord that bears South 37°28'46" West a chord distance of 14.20 feet to the True Point of Beginning;
      Said easement contains a volume of 70,980 cubic feet, more or less, and the area of the horizontal plane at elevation 809.5 contains 0.047 acres (2028 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc.,    Robert A. Bosworth, P.S. 7750           Date
 
 
7ST
Subterranean Tunnel Easement
Trustees of the Union Grave Yard
Subterranean Tunnel (Subsurface) Easement- EXTENDING VERTICALLY BETWEEN NAVD 88 ELEVATIONS 810 AND 845:
      Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and being a permanent subsurface easement twenty (20.00) feet in width and thirty-five (35.00) feet in height within a 1.0 acre tract conveyed to Trustees of the Union Grave Yard of record in Deed Book 3434, Page 927, Deed Book 223, Page 397, and Deed Book 247, Page 435 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Commencing for reference in the easterly line of said 1.0 acre tract, in a westerly line of a 38.5 acre tract conveyed to Robert N. Phillips of record in Deed Book 3434, Page 927, and in the southerly right-of-way of Walnut Street;
      Thence along the easterly line of said 1.0 acre tract and the westerly line of said  38.5 acre tract, South 03°45'40" West a distance of 9.34 feet to the True Point of Beginning;
      Thence continuing along the easterly line of said 1.0 acre tract and the westerly line of said  38.5 acre tract, South 03°45'40" West a distance of 20.91 feet to a point;
      Thence crossing through said 1.0 acre tract, with the arc of a curve to the left having a radius of 590.00, a central angle of 17°23'33", and a chord that bears South 67°46'13" West a chord distance of 178.41 feet to the easterly right-of-way of Lee Road;
      Thence along the easterly right-of-way of Lee Road, with the arc of a curve to the left having a radius of 316.46, a central angle of 05°45'20", and a chord that bears North 21°15'22" East a chord distance of 31.78 feet to a point;
      Thence crossing through said 1.0 acre tract, with the arc of a curve to the right having a radius of 610.00, a central angle of 15°37'06", and a chord that bears North 69°14'29" East a chord distance of 165.77 feet to the True Point of Beginning;
      Said easement contains a volume of 120,505 cubic feet, more or less, and the area of the horizontal plane at elevation 810 contains 0.079 acres (3443 square feet), more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above description is attached hereto and made a part hereof.
DLZ Ohio, Inc.,  Robert A. Bosworth, P.S. 7750           Date
 
 
 
8P, T
Permanent and Temporary Easement at Shaft 6
Robert N. Phillips
      
Permanent Easement
 
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and 0.138 acres within a 38.5 acre tract conveyed to Robert N. Phillips of record in Deed Book 3434, Page 927 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Beginning in a westerly line of said 38.5 acre tract, in the easterly line of a 1.0 acre tract conveyed to Trustees of the Union Graveyard of record in Deed Book 3434, Page 927, Deed Book 223, Page 397, and Deed Book 247, Page 435 and in the southerly right-of-way of Walnut Street;
      Thence along the southerly right-of-way of Walnut Street, South 86°16'40" East a distance of 120.00 feet to a point;
      Thence crossing through said 38.5 acre tract, South 03°45'40" West a distance of 50.00 feet to a point;
      Thence crossing through said 38.5 acre tract, North 86°14'40" West a distance of 120.00 feet to the westerly line of said 38.5 acre tract and the easterly line of said 1.0 acre tract;
      Thence along the westerly line of said 38.5 acre tract and the easterly line of said 1.0 acre tract, North 03°45'40" East a distance of 50.00 feet to the True Point of Beginning and containing 0.138 acres, more or less.
      
Temporary Easement
 
Situated in the State of Ohio, County of Franklin, Township of Plain, being located in Section 6, Township 2, Range 16, United States Military Lands and 0.826 acres within a 38.5 acre tract conveyed to Robert N. Phillips of record in Deed Book 3434, Page 927 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
      Commencing for reference in a westerly line of said 38.5 acre tract, in the easterly line of a 1.0 acre tract conveyed to Trustees of the Union Graveyard of record in Deed Book 3434, Page 927, Deed Book 223, Page 397, and Deed Book 247, Page 435 and in the southerly right-of-way of Walnut Street;
      Thence along the southerly right-of-way of Walnut Street, South 86°16'40" East a distance of 120.00 feet to the True Point of Beginning;
      Thence continuing along the southerly right-of-way of Walnut Street, South 86°16'40" East a distance of 90.00 feet to a point;
      Thence crossing through said 38.5 acre tract, South 03°45'40" West a distance of 200.00 feet to a point;
      Thence crossing through said 38.5 acre tract, North 86°14'40" West a distance of 210.00 feet to a westerly line of said 38.5 acre tract and the easterly line of said 1.0 acre tract;
      Thence along a westerly line of said 38.5 acre tract and the easterly line of said 1.0 acre tract, North 03°45'40" East a distance of 150.00 feet to the southerly line of said above described permanent easement;
Thence along the southerly line of said above described permanent easement, South 86°16'40" East a distance of 120.00 feet to the southeasterly corner of said above described permanent easement;
      Thence along the easterly line of said above described permanent easement, North 03°45'40" East a distance of 50.00 feet to the True Point of Beginning and containing 0.826 acres, more or less.
      The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983 (1986) as derived from a survey occupying Franklin County Monuments "FCGS 0008", "FCGS 5568", "FCGS 8824", and "FCGS 8825".
      The above description was prepared by DLZ Ohio, Inc., Columbus, Ohio from available records and an actual field survey.
      A drawing of the above descriptions is attached hereto and made a part hereof.
DLZ Ohio, Inc. ,  Robert A. Bosworth, P.S. 7750           Date
 
 
      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.