Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the installation of a traffic signal at the intersection of Sullivant Avenue and Wedgewood Drive.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division's 1995, 1999 Voted Street and Highway Fund.
Emergency Justification: Emergency action is requested in that it is immediately necessary to allow for the installation of a traffic light at the intersection of Sullivant Avenue and Wedgewood for the preservation of public safety.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the installation of a traffic signal at the intersection of Sullivant Avenue and Wedgewood Drive, to authorize the expenditure of $320.00 from the 1995, 1999 Voted Street and Highway Fund and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests necessary for the installation of a traffic signal at the intersection of Sullivant Avenue and Wedgewood Drive; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0112X-2005, on the 25th day of July, 2005, 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; and,
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction and permanent easements in and to the following described real property, be appropriated for the public purpose of installing a traffic signal at the intersection of Sullivant Avenue and Wedgewood Drive Project, #540007, 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 Code (1959), Chapter 909:
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Easement "A"
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey No 2442, being part of Lot 12 of Michael L. Sullivant's Subdivision shown of record in Plat Book 11, Page 22, Recorder's Office Franklin County, Ohio, and being all of the 10.00 Acre tract (Parcel Three) and part of the 13.565 Acre tract (Parcel Two) conveyed to S. Robert Davis as shown of record in Official Records Volume 11799 G-09, said Recorder's Office, and being bounded and described as follows:
Commencing at a railroad spike at the intersection of the centerline of Sullivant Avenue with the westerly Limited Access right-of-way line of Wilson Road as shown on Road Record 20, Page 34, said spike being the southeast corner of said 13.565 Acre tract and the southeast corner of said Lot 12;
Thence, along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 13.565 Acre tract, South 88 degrees 12 minutes 28 seconds West, 566.48 feet to a railroad spike at the southwest corner of said 13.565 Acre tract, southeast corner of said 10.00 Acre tract;
Thence, continuing along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 10.00 Acre tract, South 88 degrees 12 minutes 28 seconds West, 288.04 feet to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 30.00 feet perpendicular to the centerline of Sullivant Avenue to a point being the TRUE point of beginning for the Parcel herein being conveyed;
Thence, South 88 degrees 12 minutes 28 seconds West, 10.00 feet being 30 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to a point;
Thence, North 88 degrees 12 minutes 28 seconds East, 10.00 feet being 40 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, South 1 degree 47 minutes 32 seconds East a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to the TRUE point of beginning and containing 0.0022 Acres, more or less;
The Basis of Bearings for this description is the centerline of Sullivant Avenue, being South 88 degrees 12 minutes 28 seconds West as shown of record in Instrument Number 199706230029176, Recorder's Office, Franklin County, Ohio.
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Easement "B"
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey No 2442, being part of Lot 12 of Michael L. Sullivant's Subdivision shown of record in Plat Book 11, Page 22, Recorder's Office Franklin County, Ohio, and being all of the 10.00 Acre tract (Parcel Three) and part of the 13.565 Acre tract (Parcel Two) conveyed to S. Robert Davis as shown of record in Official Records Volume 11799 G-09, said Recorder's Office, and being bounded and described as follows:
Commencing at a railroad spike at the intersection of the centerline of Sullivant Avenue with the westerly Limited Access right-of-way line of Wilson Road as shown on Road Record 20, Page 34, said spike being the southeast corner of said 13.565 Acre tract and the southeast corner of said Lot 12;
Thence, along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 13.565 Acre tract, South 88 degrees 12 minutes 28 seconds West, 566.48 feet to a railroad spike at the southwest corner of said 13.565 Acre tract, southeast corner of said 10.00 Acre tract;
Thence, continuing along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 10.00 Acre tract, South 88 degrees 12 minutes 28 seconds West, 219.23 feet to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 30.00 feet perpendicular to the centerline of Sullivant Avenue to a point being the TRUE point of beginning for the Parcel herein being conveyed;
Thence, South 88 degrees 12 minutes 28 seconds West, 10.00 feet being 30 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to a point;
Thence, North 88 degrees 12 minutes 28 seconds East, 10.00 feet being 40 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, South 1 degree 47 minutes 32 seconds East a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to the TRUE point of beginning and containing 0.0022 Acres, more or less;
The Basis of Bearings for this description is the centerline of Sullivant Avenue, being South 88 degrees 12 minutes 28 seconds West as shown of record in Instrument Number 199706230029176, Recorder's Office, Franklin County, Ohio.
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Temporary Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, Virginia Military Survey No 2442, being part of Lot 12 of Michael L. Sullivant's Subdivision shown of record in Plat Book 11, Page 22, Recorder's Office Franklin County, Ohio, and being all of the 10.00 Acre tract (Parcel Three) and part of the 13.565 Acre tract (Parcel Two) conveyed to S. Robert Davis as shown of record in Official Records Volume 11799 G-09, said Recorder's Office, and being bounded and described as follows:
Commencing at a railroad spike at the intersection of the centerline of Sullivant Avenue with the westerly Limited Access right-of-way line of Wilson Road as shown on Road Record 20, Page 34, said spike being the southeast corner of said 13.565 Acre tract and the southeast corner of said Lot 12;
Thence, along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 13.565 Acre tract, South 88 degrees 12 minutes 28 seconds West, 566.48 feet to a railroad spike at the southwest corner of said 13.565 Acre tract, southeast corner of said 10.00 Acre tract;
Thence, continuing along said centerline of Sullivant Avenue, the southerly line of said Lot 12 and the southerly line of said 10.00 Acre tract, South 88 degrees 12 minutes 28 seconds West, 201.42 feet to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 30.00 feet perpendicular to the centerline of Sullivant Avenue to a point being the TRUE point of beginning for the Parcel herein being conveyed;
Thence, South 88 degrees 12 minutes 28 seconds West, 17.83 feet being 30 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to a point;
Thence, South 88 degrees 12 minutes 28 seconds West, 10.00 feet being 40 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, South 1 degree 47 minutes 32 seconds East a distance of 10.00 feet perpendicular to the centerline of Sullivant Avenue to a point;
Thence, South 88 degrees 12 minutes 28 seconds West, 18.53 feet being 30 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, North 1 degree 47 minutes 32 seconds West a distance of 16.00 feet perpendicular to the centerline of Sullivant Avenue to a point;
Thence, North 88 degrees 12 minutes 28 seconds East, 46.36 feet being 46 feet distant from and parallel to the centerline of Sullivant Avenue to a point;
Thence, South 1 degree 47 minutes 32 seconds East a distance of 16.00 feet perpendicular to the centerline of Sullivant Avenue to the TRUE point of beginning and containing 0.0147 Acres, more or less;
The Basis of Bearings for this description is the centerline of Sullivant Avenue, being South 88 degrees 12 minutes 28 seconds West as shown of record in Instrument Number 199706230029176, Recorder's Office, Franklin County, Ohio.
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, Ohio, 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, Ohio, hereby declares the value of the subject real property interests to be Three Hundred Twenty Dollars ($320.00).
Section 5. That the City Attorney be and 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 $320.00, or so much thereof as may be necessary for Project #540007, from the 1995, 1999 Voted Street and Highway Fund, Fund# 704, OCA Code 644385, Level Object Three 6601, Certificate No. 023246, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. That for the reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.