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 Skyline Drive Stormwater System Improvements Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Storm Sewer Revenue Bonds Fund.
Emergency Justification: Emergency action is requested in order to provide for the immediate acquisition of real property interests within the time frame established by the Division of Sewers and Drains.
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 Skyline Drive Stormwater System Improvements Project, 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 for the Skyline Drive Stormwater System Improvements Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0107X-2008, on the 14th day of July, 2008, 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 Department of Public Utilities, Division of Sewerage and Drainage, 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, over, under, across and through the following described real property, be appropriated for the public purpose of the Skyline Drive Stormwater System Improvements Project, # Project 610985, 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:
8-T
James E. Jr. & Mary T. Nolan
Temporary Construction Easement
A tract of land located in the State of Ohio, County of Franklin, City of Columbus and being part of Lot 16 of Skyline Addition No. 4 as recorded in Plat Book 25 at Page 59 conveyed to James E. Jr. & Mary T. Nolan by D.V. 2400, Page 521 of record in the Recorder's Office, Franklin County, Ohio, being an easement more particularly described by metes and bounds as follows:
Beginning for reference at the Northeast corner of said Lot 16 (said point also being the Northwest corner of Lot 15);
Thence South 02° 35' 23" West along the line between Lot 15 and Lot 16, 20.00 feet to a point;
Thence North 87° 23' 42" West along the south line of an existing 20.00 foot easement 5.00 feet to the True Point of Beginning;
Thence leaving said south line South 02° 35' 23" West along the west line of an existing 5.00 foot easement 261.39 feet to a point on the south line of said Lot 16;
Thence North 87° 11' 54" West along said south line 7.50 feet to a point;
Thence leaving said line North 02° 35' 23" East 75.28 feet to a point;
Thence South 87° 24' 37" East 3.40 feet to a point;
Thence North 02° 35' 23" East 32.00 feet to a point;
Thence North 87° 24' 37" West 3.40 feet to a point;
Thence North 02° 35' 23" East 154.08 feet to a point;
Thence South 87° 23' 42" East along the south line of said 20.00 foot easement 7.50 feet to the Point of Beginning and containing 0.043 acres more or less.
Basis for bearings is the Ohio State Plane Coordinate System.
This description was prepared from an extensive survey of Skyline Addition No. 4 by David E. Slagle, Registered Surveyor No. 7408 of XYZ Survey Service, Inc. for Fuller, Mossbarger, Scott and May Engineers, Inc. during 2003.
David E. Slagle, P.S. No. 7408
Section 2. That construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Skyline Drive Stormwater System Improvements Project, # Project 610985, 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:
8-P
KIR Northwest Square L.P.
Permanent Sewer Utility Easement
A tract of land located in the State of Ohio, County of Franklin, City of Columbus being part of Quarter Township 1, Township 2, Range 19, United States Military Lands and being part of the KIR Northwest Square L.P. property as recorded in Instrument No. 199904300108365 in the Franklin County Recorder's Office and being an easement more particularly described by metes and bounds as follows:
Beginning at a point which marks the Northeast corner of the KIR Northwest Square L.P. property, said point also being the Northwest corner of Lot 21 of Skyline Addition No. 2, a subdivision as recorded in Plat Book 27 at Page 22 in the Franklin County Records;
Thence South 02° 40'55" West along the West line of Lot 21, 218.51 feet to an existing iron pin;
Thence South 02° 39' 13" West along the West line of Lot 1 of Skyline Addition No. 4, a subdivision as recorded in Plat Book 25 at Page 59, 114.92 feet to an existing iron pin;
Thence South 02° 40' 49" West along the West line of Lot 2 of Skyline Addition No. 4, 114.99 feet to an existing iron pin;
Thence South 02° 41' 50" West along the West line of Lot 3 of Skyline Addition No. 4, 116.00 feet to a point;
Thence leaving said line, North 87° 28' 40" West 10.00 feet to a point;
Thence North 02° 40' 44" East 564.42 feet to a point on the North line of the KIR Northwest Square property (the South line of Snoffer Road);
Thence South 87° 28' 40" East along said North line 10.00 feet to the Point of Beginning and containing 0.130 acres more or less.
Basis for bearings is the Ohio State Plane Coordinate System.
This description was prepared from an extensive survey of Skyline Addition No. 2 and No. 4 by David E. Slagle, Registered Surveyor No. 7408 of XYZ Survey Service, Inc. for Fuller, Mossbarger, Scott and May Engineers, Inc. during 2003. David E. Slagle, P.S. No. 7408 Date
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said construction and permanent easements interests as follows:
1. 8T/ James & Mary Nolan $4,215.00
2. 8P/ KIR Northwest Square LP $18,725.00
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 for the reasons stated 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.