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 Lockbourne Road Roadway Improvement Project.
Fiscal Impact:
N/A
Emergency Justification: is requested to allow right-of-way acquisition-related activities to begin without delay so that construction can begin as currently scheduled.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Lockbourne Road Roadway Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Lockbourne Road Roadway Improvement Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, 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 Lockbourne Road Roadway Improvement Project, Project #530103, 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:
PARCEL NO. 30S
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and part of Parcel No. 10 of an unrecorded plat of Allen E. McDowell's Greenhill Acres No.2, owned by Alejandra, Felipe and Felix Martinez, as recorded in Instrument Number 200405110108147, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the left side of the proposed centerline of construction of Faber Avenue as shown in plans for Lockbourne Road C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at the Grantor's Southwest property comer and the southwest corner of said Parcel No. 10, and also being on the northerly right of way line of Faber Avenue, as recorded Plat Book 22, Page 81, Recorder's Office, Franklin County, Ohio, and being 24.16 feet left of station 8+48.44 of the proposed centerline of construction of Faber Avenue and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along the Grantor's westerly property line and west line of said parcel, North 03 degrees 56 minutes 56 seconds East, a distance of 5.00 feet to a point on the proposed easement line and being 29.16 feet left of station 8+48.41 of the proposed centerline of construction of Faber Avenue;
Thence along said easement line, South 85 degrees 50 minutes 04 seconds East, a distance of 60.00 feet to a point on the Grantor's easterly property line and on the easterly line of Parcel No. 10 and being 29.21 feet left of station 9+08.41 of the proposed centerline of construction of Faber Avenue;
Thence along said property line, South 03 degrees 56 minutes 56 seconds West, a distance of 5.00 feet to a point on the Grantor's Southeast property corner and southeasterly corner of said Parcel No. 10 and on the northerly right of way line of Faber Avenue and being 24.21 feet left of station 9+08.44 of the proposed centerline of construction of Faber Avenue;
Thence along said right of way line, North 85 degrees 50 minutes 04 seconds West, a distance of 60.00 feet to the TRUE POINT OF BEGINNING and containing 0.007 acres, more or less.
The above take area is from Auditor's Parcel Number 010-114679, which contains 0.328 acres, which contains 0.328 acres, which present road occupies (P.R.O.) 0.00 acres more or less.
The above description was prepared by Nathan W. Anderson, Professional Surveyor No. 8322 from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Ronald W. Eifert, Professional Surveyor No. 6045.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
PARCEL NO. 30 A S
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and part of Parcel No. 11 of an unrecorded plat of Allen E. McDowell's Greenhill Acres No.2, owned by Felix Martinez, as recorded in Instrument Number 200107050152686, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the left side of the proposed centerline of construction of Faber Avenue as shown in plans for Lockbourne Road C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at the Grantor's Southwest property corner and the southwest corner of said Parcel No. 11, and also being on the northerly right of way line of Faber Avenue, as recorded Plat Book 22, Page 81, Recorder's Office, Franklin County, Ohio, and being 24.21 feet left of station 9+08.44 of the proposed centerline of construction of Faber Avenue and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along the Grantor's westerly property line and west line of said parcel, North 03 degrees 56 minutes 56 seconds East, a distance of 5.00 feet to a point on the proposed easement line and being 29.21 feet left of station 9+08.44 of the proposed centerline of construction of Faber Avenue;
Thence along said easement line, South 85 degrees 50 minutes 04 seconds East, a distance of 60.00 feet to a point on the Grantor's easterly property line and on the easterly line of Parcel No. 11 and being 29.27 feet left of station 9+68.41 of the proposed centerline of construction of Faber Avenue;
Thence along said property line, South 03 degrees 56 minutes 56 seconds West, a distance of 5.00 feet to a point on the Grantor's Southeast property corner and southeasterly corner of said Parcel No. 11 and on the northerly right of way line of Faber Avenue and being 24.27 feet left of station 9+68.44 of the proposed centerline of construction of Faber Avenue;
Thence along said right of way line, North 85 degrees 50 minutes 04 seconds West, a distance of 60.00 feet to the TRUE POINT OF BEGINNING and containing 0.007 acres, more or less.
The above take area is from Auditor's Parcel Number 010-114680, which contains 0.328 acres, which present road occupies (P.R.O.) 0.00 acres more or less.
The above description was prepared by Nathan W. Anderson, Professional Surveyor No. 8322 from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Ronald W. Eifert, Professional Surveyor No. 6045.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
PARCEL NO. 41T
DESCRIPTION OF TEMPORARY RIGHT OF WAY FOR THE CITY OF COLUMBUS
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and being part of a 19.23 acre tract owned by the Board of Education as referenced in Deed Book 1613, Page 374, and a 0.50 acre tract as referenced in Deed Book 2663, Page 539, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the right side of the proposed centerline of construction of Lockbourne Road as shown in plans for Lockbourne Road, C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at a point at the intersection of the easterly right of way line of Lockbourne Road with the Grantor's southerly property line of said 0.50 acre parcel and being 32.32 feet right of station 19+36.65 of the proposed centerline of construction of Lockbourne Road, and being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence along the said easterly right of way line, North 03 degrees 41 minutes 11 seconds East, a distance of 466.20 feet to a point on the Grantor's northerly property line and southerly property line of a 0.269 acre tract referenced in Deed Book 3660, Page 829, and being 32.58 feet right of station 24+03.64 of the proposed centerline of construction of Lockbourne Road;
Thence along the property line, South 85 degrees 45 minutes 49 seconds East, a distance of 65.00 feet to a point on the proposed temporary right of way line and being 97.58 feet right of station 24+03.04 of the proposed centerline of construction of Lockbourne Road;
Thence along said proposed temporary right of way line, South 03 degrees 41 minutes 11 seconds West, a distance of 75.00 feet to a point being 97.60 feet right of station 23+30.57 of the proposed centerline of construction of Lockbourne Road;
Thence, North 85 degrees 45 minutes 49 seconds West, a distance of 35.00 feet to a point being 62.60 feet right of station 23+28.36 of the proposed centerline of construction of Lockbourne Road;
Thence, South 03 degrees 41 minutes 11 seconds West, a distance of 391.20 feet to a point on Grantor's southerly property line and being the southerly line of said 0.50 acre tract and being 62.30 feet right of station 19+35.59 of the proposed centerline of construction of Lockbourne Road;
Thence along said property line, North 85 degrees 45 minutes 49 seconds West, a distance of 30.00 feet to the TRUE POINT OF BEGINNING and containing 0.381 acres, more or less.
The above take is from Auditor's Parcel Numbers 010-116097, which contains 20.32 acres, which present road occupies (P.R.O.) 0.197 acres more or less, and 010-112200, which contains 0.50 acres, which present road occupies (P.R.O.) 0.043 acres more or less.
The grantor reserves the right of ingress and egress to and from the residual area.
The above description was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
Original Lockbourne Road right of way width is referenced from Road Record 7, Page 405, Recorder's Office, Franklin County, Ohio.
Grantor claims title by instrument of record in Deed Book 1613, Page 374 and Deed Book 2663, Page 539, Recorder's Office, Franklin County, Ohio.
Michael D. Weeks, Registered Surveyor No. 7357
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.