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File #: 0188X-2006    Version: 1
Type: Resolution Status: Passed
File created: 11/2/2006 In control: Safety Committee
On agenda: 11/20/2006 Final action: 11/22/2006
Title: To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Charleston Avenue Stormwater System Improvements Project, 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 Charleston Avenue Stormwater System Improvements Project.
 
Fiscal Impact:
 
    N/A
 
 
Emergency Justification:
 
     Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay, thus facilitating the commencement of construction necessary to the project.
 
 
 
Title
 
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Charleston Avenue Stormwater System Improvements Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Charleston Avenue Stormwater System Improvements Project; and
 
WHEREAS,      an emergency exists in the usual daily operation of the Department of Public Utilities, 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Charleston Avenue Stormwater System Improvements Project, # 610742, 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:
 
PARCEL 2-P2
Situated in the State of Ohio, Franklin County, City of Columbus, and being a part of Fann Lot 86, Section 3, Township 2 North, Range 18 West, United Military Lands, and Lot No. 12 of Sharon Heights Subdivision Plat Book 10, Page 76, owned by William H. Hader, listed as Parcel VI (6), Parcel VII (7) and Parcel XI (1]) in recorded deed by Instrument Number 200107130160025 in the Franklin County, Ohio Recorder's Office, and bounded and described as follows:
Commencing for reference at a point in the existing easterly right of way line of North High Street where the existing northerly right of way line of Sunnyside Lane intersects, said point being the Place of Beginning;
thence, North 02° 35' 04" East along the existing easterly right of way line of North High Street a distance of 237.18 feet to an iron pin found, marking the northwest corner of Lot 12 and the southwest corner of Lot 11, said point being the Grantor's north property line and the south property line of Murray and Sylvia E. Ebner as recorded in Deed Book 3415, Page 606, Franklin County, Ohio Recorder's Office;
thence, South 86° 44' 33" East along the property line between Murray and Sylvia E. Ebner and William H. Hadler and the lot line between Lots 12 and 11 a distance of 5.00 feet to a point;
thence, South 02° 35' 14" West along a proposed permanent easement line a distance of 237.14 feet to a point in the Grantor's south property line and northerly existing right of way line of Sunnyside Lane;
thence, North 87° 14' IS" West along the existing northerly right of way line of Sunnyside Lane a distance of 5.00 feet to the Place of Beginning, containing 1186 square feet, more or less.
The above description was prepared by Franklin D. Blair, PS, Professional Surveyor No. 5676, on November 11, 2005.
The basis of bearings for this project was determined from a GPS survey in obtaining State Plane Coordinates (Ohio Coordinate System of 1983 South Zone). The bearings are to be used for angular measurement only as deed recorded plat bearings have a different basis.
The area in this description is in Franklin County, Ohio Auditor Parcel Numbers 010.110851-00, 010-110841-00 and 010-110862-00
 
      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 state 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.