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File #: 0047X-2005    Version: 1
Type: Resolution Status: Passed
File created: 3/21/2005 In control: Safety Committee
On agenda: 4/18/2005 Final action: 4/20/2005
Title: To declare the necessity and intent to appropriate permanent easements in, over, under, across and through real estate in connection with the Glendower/Llewellyn Stormwater System Improvement Project, and to declare an emergency.
Explanation
 
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent easements in, over, under, across and through real estate in connection with the Glendower/Llewellyn Stormwater System Improvement 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 in order to immediately begin acquisition and avoid delaying the project.
 
 
Title
 
To declare the necessity and intent to appropriate permanent easements in, over, under, across and through real estate in connection with the Glendower/Llewellyn Stormwater System Improvement Project, and to declare an emergency.
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Glendower/Llewellyn Stormwater System Improvement Project; 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 easements in, over, under, across and through the 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, across and through the following described real estate necessary for the Glendower/Llewellyn Stormwater System Improvement Project, Project #610736, 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. 1-1
PERPETUAL SEWER UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lots 50 & 51 of the Cambria Amended Addition in Plat Book 7, Page 362 as conveyed to Alan Levine in Official Record 6463, Page E-13, Franklin County Recorder's Office, and being more particularly described as follows;
      Beginning at the Grantor's northwest property corner and the southerly existing right of way line of Glendower Avenue.
      Thence S 85º58'01" E a distance of 23.82 feet along the Grantor's northerly property line and said existing right of way line to a point;
      Thence S 28º51'59" E a distance of 173.41 feet across along Grantor's northerly property line and said existing right of way line to a point;
      Thence N 85º58'01" W, a distance of 23.82 feet along the Grantor's southerly property line to a point;
      Thence N 28º51'59" W, a distance of 173.41 feet across the Grantor's property to the True Point Of Beginning, containing 0.080 acre (3,468 sq. ft.)
      This description is based on a survey for the City of Columbus in 2003 ME Companies, Inc. and prepared under the direction of Michael P. Lomano, Registered Surveyor No. 7711.
      Basis of Bearings was determined by GPS survey referenced to the Ohio State Plane Coordinate System (Ohio South Zone, NAD 83)
 
PARCEL NO. 2-1
PERPETUAL SEWER UTILITY EASEMENT
Situation in the State of Ohio, County of Franklin, City of Columbus, and being parts of a two foot reservation of the Cambria Amended Addition in Plat Book 7, Page 362 as conveyed to Ace Iron and Metal Company in Instrument Number 200209190234337, Franklin County Recorder's Office, and being more particularly described as follows:
Beginning at a point for reference at the Grantor's northwest property corner and a northeasterly property line of Mount Clare Properties, (OHIO) Inc. as recorded in Official Record 1963, Page E-18.
      Thence S 85º58'01" E a distance of 14.23 feet along the Grantor's northerly property line and the southerly existing right of way line of a 18 foot alley to a point; said point being the True Point Of Beginning;
      Thence S 85º58'01" E a distance of 20.04 feet continuing along the Grantor's northerly property line and said existing right of way line to a point;
      Thence S 00º24'15" W a distance of 2.00 feet across the Grantor's property to a point on the Grantor's southerly property line;
      Thence N 85º58'01 W a distance of 20.04 feet along the Grantor's southerly property line to a point;
      Thence N 00º24'15" E a distance of 2.00 feet across the Grantor's property to the True Point Of Beginning, containing 0.0009 Ac. (40 sq. ft.)
 
PARCEL NO. 2-2
PERPETUAL SEWER UTILITY EASEMENT
Situation in the State of Ohio, County of Franklin, City of Columbus, and being parts of a two foot reservation of the Cambria Amended Addition in Plat Book 7, Page 362 as conveyed to Ace Iron and Metal Company in Instrument Number 200209190234337, Franklin County Recorder's Office, and being more particularly described as follows:
Beginning at a point at a westerly property corner of the Grantor and a northeasterly property corner of Mount Clare Properties, (OHIO) Inc. has recorded in Official Record 1963, Page E18 and being the True Point Of Beginning;
      Thence N 85º58'01" W a distance of 80.00 feet along a southerly property line of the Grantor and a northerly property line of said Mount Clare Properties, (OHIO) Inc., tract, to a point;
      Thence, N 04º01'59" E, a distance of 2.00 feet leaving said property lines and across the Grantor's property to a point on the Grantor's northerly property line and the southerly right of way line of an 18 foot alley;
      Thence S 85º58'01" E, a distance of 80.00 feet along said property and right of way lines to a point;
      Thence S 04º01'59" W, a distance of 2.00 feet leaving said property and right of way lines and across the Grantors property to the True Point Of Beginning, containing 0.0037 Ac. (167 sq. ft.)
      These descriptions are based on a survey for the City of Columbus in 2003 by ME Companies, Inc. and prepared under the direction of Michael P. Lomano, Registered Surveyor No. 7711.
      Basis of Bearings was determined by GPS survey referenced to the Ohio State Plane Coordinate System (Ohio South Zone, NAD 83).
 
      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.