Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Bill Moose Run Sanitary Sewer Improvement.
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 in order to maintain the Department Public Utilities acquisition schedule.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Bill Moose Run Sanitary Sewer Improvement, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Bill Moose Run Sanitary Sewer Improvement; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewers and Drains, in that it is immediately necessary to declare the necessity and intent to appropriate permanent 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 easements in, over, under and through the following described real estate necessary for the Bill Moose Run Sanitary Sewer Improvement, Project #650672, 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:
3CP
(Revised March 15, 2006)
EASEMENT
ON THE PROPERTY OF
WORTHINGTON GARDENS
5146 N. HIGH ST.
EAST OF HIGH STREET AND NORTH OF MORSE ROAD
Situated in the City of Columbus, the County of Franklin and the State of Ohio and being a part of Lot No. 19 of the Scioto Companies Subdivision of Quarter Township 3, Township 2, Range 18, United States Military Lands and being in the Worthington Gardens original 13.933 acre tract of record in Deed Book 2770, Page 279, all references being to the Recorder's Records, Franklin County, Ohio, said easement being more particularly described as follows:
Beginning, for reference, at the intersection of the centerline of North High Street with the centerline of Fenway Road to the west, the northerly line of the Stanley M. & Teresa Bradham 0.669 acre tract of record in Official Record 13537 I02 and the southerly line of the 5 Girls LLC 0.2342 acre tract of record in Instrument # 20051021022525;
thence South 2°37'14" West 289.89 feet, in the centerline of said North High Street, to a point;
thence South 87°22'46" East 33.00 feet, to the easterly right-of-way line of North High Street and the southwesterly corner of a 10 feet wide easement of record in Deed Book 2918, Page 428, and the Place of Beginning of the herein described easement;
thence, continuing, South 87°22'46" East 10.00 feet, in the southerly line of said easement, to the southeasterly corner of said easement;
thence North 02°37'14" East 7.90 feet, in the easterly line of said easement, to a point;
thence South 87°22'46" East 5.00 feet, to a point;
thence South 02°37'14" West 10.00 feet, to a point;
thence North 87°22'46" West 15.00 feet, to the easterly right-of-way line of said North High Street;
thence North 02°37'14" East 2.10 feet, in the easterly right-of-way line of said North High Street, to the Place of Beginning containing 71 square feet or 0.002 acres, more or less.
This description is based on the results of a field survey in March, 2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane, South Zone, NAD83 (1986) and observations of monuments FRANK 61, FRANK 161, FRANK 76, FRANK 164 and FRANK 174.
________________________________________________________________
Gary L. Elswick, Professional Surveyor # 6395 Date
3AP
(Revised March 15, 2006)
5' X13' EASEMENT
ON THE PROPERTY OF
STANLEY M. & TERESA M. BRADHAM
5160 N. HIGH ST.
EAST OF HIGH STREET AND NORTH OF MORSE ROAD
Situated in the City of Columbus, the County of Franklin and the State of Ohio and being a part of Lot No. 19 of the Scioto Companies Subdivision of Quarter Township 3, Township 2, Range 18, United States Military Lands and being in the Stanley M. and Teresa M. Bradham 0.669 acre tract of record in Official Record 13537 I02, all references being to the Recorder's Records, Franklin County, Ohio, said easement being more particularly described as follows:
Beginning, for reference, at the intersection of the centerline of North High Street with the centerline of Fenway Road to the west, the northerly line of said 0.669 acre tract and the southerly line of the 5 Girls LLC 0.2342 acre tract of record in Instrument # 20051021022525;
thence South 87°25'05" East 43.00 feet, passing the easterly right-of-way line of North High Street at 33.00 feet, in the northerly line of said 0.669 acre tract, the southerly line of said 0.2342 acre tract and in the northerly line of a 10 feet wide easement of record in Deed Book 2918, Page 428, to the Place of Beginning of the herein described easement;
thence, continuing, South 87°25'05" East 5.00 feet, in the northerly line of said 0.669 acre tract and in the southerly line of said 0.2342 acre tract, to a point;
thence South 02°37'14" West 13.00 feet, to a point;
thence North 87°22'46" West 5.00 feet, to the easterly line of said 10 feet wide easement;
thence North 02°37'14" East 13.00 feet, in the easterly line of said 10 feet wide easement, to the Place of Beginning containing 65 square feet or 0.001 acres, more or less.
This description is based on the results of a field survey in March, 2005, by Gary L. Elswick, Professional Surveyor #6395. Bearings are based on Ohio State Plane, South Zone, NAD83 (1986) and observations of monuments FRANK 61, FRANK 161, FRANK 76, FRANK 164 and FRANK 174.
________________________________________________________________
Gary L. Elswick, Professional Surveyor # 6395 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 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.