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 Beulah Road Trunk Sewer Rehabilitation 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 commence construction within this year's construction season.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Beulah Road Trunk Sewer Rehabilitation Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Beulah Road Trunk Sewer Rehabilitation Project; 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 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 Beulah Road Trunk Sewer Rehabilitation Project, Project #650625, 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:
27P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being an 0.124 acre (by survey) permanent sanitary sewer easement across an entire 0.125 acre (deed) tract conveyed to Mary K. Tampone by deed of record in Instrument No. 199712290176389 (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said 0.124 acre permanent easement being more particularly described as follows:
Beginning at a point being the northeasterly corner of the said 0.125 acre tract, the southeasterly corner of lot no. 17 of Kinnear Place Subdivision of record in Plat Book 17, Page 22 and 23 and being in the westerly line of lot no. 1 of the Highland Cliff Addition of record in Plat Book 7, Page 198; thence
South 11º08'07" East a distance of 50.66 feet along the easterly line of the said 0.125 acre tract, part of the westerly line of said lot no. 1 and part of the westerly line of a 12.912 acre tract conveyed to the Board of Education of Columbus City School District to a point being the southeasterly corner of the said 0.125 acre tract and the northeasterly corner of a parcel conveyed toVlade and Dragica Sekulovski by deed of record in Instrument Number 199710160120606; thence
South 82º03'08" West a distance of 107.41 feet along the southerly line of the said 0.125 acre tract and the northerly line of the said Sekulovski parcel to a point being the southwesterly corner of the said 0.125 acre tract and the southeasterly corner of Kinnear Place Drive right-of-way; thence
North 11º05'23" West a distance of 50.32 feet along the westerly line of the said 0.125 acre tract and the easterly right-of-way line of said Kinnear Place Drive to a point being the northwesterly corner of the said 0.125 acre tract, the southeasterly corner of lot no. 15 and the southwesterly corner of lot no. 16 of the said Kinnear Place Subdivision; thence
North 81º52'32" East a distance of 107.35 feet along the northerly line of the said 0.125 acre tract and the southerly lines of said lots numbered 16 and 17 to the PLACE OF BEGINNING, containing 0.124 acres (5,414.18 square feet), more or less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in December, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
Richard W. Conrad, P.S. 5041 Date
10P
Situate in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a six and one/half (6 ½ ) foot wide permanent subterranean (subsurface) sanitary sewer easement six and one/half (6 ½ ) foot in height crossng under the railroad right-of-way known as segment "B" transferred to New York Central Lines, LLC by Quitclaim deed of record in Instrument No. 200212180325201, Recorder's Office, Franklin County, Ohio, said segment "B" being shown on Cleveland, Chicago and St. Louis Railroad Valuation Map 32, Sheet 28, said permanent subterranean (subsurface) sanitary sewer easement (located 1447 feet south of mile marker 134.32) being more particularly described as follows:
Beginning for reference at a point being the northeasterly corner of lot no. 41 of Glen Echo Parcels No. 2 of record in Plat Book 12, Page 10, Recorder's Office, Franklin County, Ohio, said reference point also being in the westerly right-of-way line of the said New York Central Lines, LLC thence South 02°47'48" East a distance of 78.44 feet along the easterly lines of said lot no. 41, Glen Echo Parcels No. 2, a ten (10) foot wide walkway and Glen Echo Park and along the westerly right-of-way line of the said New York Central Lines, LLC to a point being the TRUE PLACE OF BEGINNING of the herein described six and one/half (6 ½) foot wide permanent subterranean (subsurface) sanitary sewer easement and being 1454 feet south of mile marker 134.32; thence
North 63°43'00" East a distance of 54.52 feet crossing under the said New York Central Lines, LLC right-of-way to a point in the easterly right-of-way line of the said New York Central Lines, LLC and the westerly right-of-way line of the Pennsylvania Lines, LLC of record in Instrument No. 200212180325195, Recorder's Office, Franklin County, Ohio, said point being located 1433 feet south of mile marker 134.32; thence
South 02°47'48" East a distance of 7.09 feet along the easterly right-of-way line of the said New York Central Lines, LLC and the westerly right-of-way line of the said Pennsylvania Lines, LLC to a point; thence
South 63°43'00" West a distance of 54.52 feet crossing under the said New York Central Lines, LLC right-of-way to a point in the westerly right-of-way line of the said New York Central Lines, LLC and the easterly line of said Glen Echo Park; thence
North 02°47'48" West a distance of 7.09 feet along the westerly right-of-way line of the said New York Central Lines, LLC and the easterly line of said Glen Echo Park to the TRUE PLACE OF BEGINNING, containing a volume of 2303.47 cubic feet, more or less, and the area of the horizontal plane at elevation 800 contains 0.008 acres (354.36 square feet) more or less
New York Central Lines, LLC
The centerline of said easement crosses under the centerline of said New York Central Lines, LLC right-of-way at mile mark 134.59 - station 7106+41 on said Valuation Map 32, Sheet 28.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in June, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 and 2005 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
9P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a ten (10) foot wide permanent sanitary sewer easement across part of the southerly side of an 0.352 acre tract conveyed to Paul D. Sandstrom by deed of record in Instrument No. 200007110136961 and quit-claim deed of record in Instrument No. 200503040039827 (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said 0.352 acre tract being a part of Lot no. 2 of the partition of land among the heirs of Alexander Shattuck, deceased, in complete Record 51, Page 565, Commons Pleas Court, Franklin County, Ohio, said ten (10) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point for reference in the northerly right-of-line of Parkview Drive (a.k.a. Glen Echo Drive) being the southwesterly corner of the said 0.352 acre tract and the southeasterly corner of lot no. 35 conveyed to Paul D. Sandstrom by deed of record in Instrument No. 200001190012701 and quit-claim deed of record in Instrument No. 200503040039825, said lot no. 35 being a part of Glen Echo Parcels of record in Plat Book 9, Page 9; thence North 05º26'01" East a distance of 16.22 feet along the westerly line of the said 0.352 acre tract and the easterly line of said lot no. 35 to a point being the southwesterly corner of the herein described ten (10) foot wide permanent sanitary sewer easement and being the TRUE PLACE OF BEGINNING; thence
North 05º26'01" East a distance of 10.04 feet along the westerly line of the said 0.352 acre tract and the easterly line of said lot no. 35 to a point; thence
South 89º37'27" East a distance of 127.86 feet across part of the said 0.352 acre tract to a point in the southerly line of the said 0.352 acre tract and the northerly right-of-way line of said Parkview Drive (a.k.a. Glen Echo Drive); thence
South 55º04'06" West a distance of 12.58 feet along the southerly line of the said 0.352 acre tract and the northerly right-of-way line of said Parkview Drive (a.k.a. Glen Echo Drive) to a point of curvature of a curve to the right having a radius of 69.18 feet, an arc length of 4.75 feet and a delta of 03º55'56"; thence along said curve to the right, the southerly line of the said 0.352 acre tract and the northerly right-of-way line of said Parkview Drive (a.k.a. Glen Echo Drive) the chord of which bears
South 55º16'36" West a chord distance of 4.75 feet to a point; thence
North 89º37'27" West a distance of 114.65 feet across part of the said 0.352 acre tract to the TRUE PLACE OF BEGINNING, containing 0.028 acres (1213.03 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
8P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a ten (10) foot wide permanent sanitary sewer easement across part of the southeasterly side of lot no. 32 conveyed to Alice Kaaren Courtney by deed of record in Deed Book 3386, Page 233 and Affidavit of record in Instrument No. 200406210142627 (all deed, affidavits and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 32 being a part of Glen Echo Parcels of record in Plat book 9, Page 9, said ten (10) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning for reference at a point being the southwesterly corner of said lot no. 32, the southeasterly corner of lot no. 31 (of said Glen Echo Parcels) conveyed to Alice Kaaren Courtney by deed of record in Deed Book 3386, Page 233, and Affidavit of record in Instrument No. 200406210142627 and being in a northerly line of Glen Echo Park; thence South 73º15'54" East a distance of 21.78feet along a southerly line of said lot no. 32 and a northerly line of said Glen Echo Park to a point being the northwesterly corner of the herein described ten (10) foot permanent sanitary sewer easement and being the TRUE PLACE OF BEGINNING; thence
North 50º22'02" East a distance of 73.47 feet across part of said lot no. 32 to a point in the easterly line of said lot no. 32 and the westerly line of lot no. 33 (of said Glen Echo Parcels) conveyed to Maya C. Spaeth by deed of record in Instrument No. 200410140239223; thence
South 00º43'23" East a distance of 12.85 feet along the easterly line of said lot no. 32 and the westerly line of said lot no. 33 to a point; thence
South 50º22'02" West a distance of 58.75 feet across part of said lot no. 32 to a point in a southerly line of said lot no. 32 and a northerly line of said Glen Echo Park, thence
North 73º15'54" West a distance of 12.01 feet along a southerly line of said lot no. 32 and a northerly line of said Glen Echo Park to the TRUE PLACE OF BEGINNING, containing 0.015 acres (661.10 square feet), more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in May, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
5P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a five (5) foot wide permanent sanitary sewer easement across lot no. 95 conveyed to Cindy A. Coleman by deed of record in Instrument No. 199905170124363 (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 95 being a part of Indianola Parkview Addition No. 3 of record in Plat Book 9, Page 13, said five (5) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point for reference in the southerly right-of-way line of Parkview Drive being the northwesterly corner of said lot no. 95, the northeasterly corner of lot no. 96 (of the said Indianola Park Veiw Addition No. 3) conveyed to Timothy C. Truman by deed of record in Instrument No. 200005170096880 and being the northwesterly corner on a fifteen (15) foot wide permanent easement granted to the City of Columbus by deed of record in Deed Book 862, Page 259; thence South 02º23'36" West a distance of 15.00 feet along the westerly lines of said lot no. 95and the said fifteen (15) foot wide permanent easement and the easterly line of said lot no. 96 to a point being the southwesterly corner of the said fifteen (15) foot wide permanent easement and the TRUE PLACE OF BEGINNING; thence crossing said lot no. 95 along the southerly line of the said fifteen (15) foot wide permanent easement and along a curve to the right having a radius of 227.20 feet, an arc length of 54.58 feet and a delta of 13º45'48" the chord of which bears
South 81º35'11" East a chord distance of 54.45 feet to a point being the southeasterly corner of the said fifteen (15) foot wide permanent easement in the easterly line of said lot no. 95 and the westerly line of lot no. 94 (of the said Indianola Park View Addition No. 3) conveyed to Norma L. Miller (fka: Norma Miller Steigerwalt) by deed of record in Instrument No. 199811100289175; thence
South 02º50'21" West a distance of 5.12 feet along the easterly line of said lot no. 95 and the westerly line of said lot no. 94 to a point; thence crossing said lot no. 95 and along a curve to the left having a radius of 222.20 feet, an arc length of 54.56 feet and a delta of 14º04'04" the chord of which bears
North 81º27'13" West a chord distance of 54.42 feet to a point in the westerly line of said lot no. 95 and the easterly line of said lot no. 96; thence
North 02º23'36" East a distance of 5.00 feet along the westerly line of said lot no. 95 and the easterly line of said lot no. 96 to the TRUE POINT OF BEGINNING, containing 0.006 acres (272.83 square feet), more or less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in June, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
4P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a five (5) foot wide permanent sanitary sewer easement across lot no. 96 conveyed to Timothy C. Truman by deed of record in Instrument No. 200005170096880 (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 96 being a part of Indianola Park View Addition No. 3 of record in Plat Book 9, Page 13, said five (5) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point for reference in the southerly right-of-way line of Parkview Drive being the northwesterly corner of said lot no. 96, the northeasterly corner of lot no. 97 (of the said Indianola Park View Addition No. 3) conveyed to Stephen Moore and Martha Mae Hills by deed of record in Instrument No. 200403170058484 and being the northwesterly corner of a fifteen (15) foot wide permanent easement granted to the City of Columbus by deed of record in Deed Book 865, Page 535; thence South 03º08'26" West a distance of 15.00 feet along the westerly lines of said lot no. 96 and the said fifteen (15) foot wide permanent easement and the easterly line of said lot no. 97 to a point being the southwesterly corner of the said fifteen (15) foot wide permanent easement and the TRUE PLACE OF BEGINNING; thence
North 85º06'00" East a distance of 46.39 feet across part of said lot no. 96 and along the southerly line of the said fifteen (15) foot wide permanent easement to a point of curvature of a curve to the right, thence crossing a part of said lot no. 96 along the southerly line of the said fifteen (15) foot wide permanent easement and along a curve to the right having a radius of 227.20 feet, an arc length of 2.17 feet, and a delta of 00º32'48" the chord of which bears
South 88º44'29" East a chord distance of 2.17 feet to a point being the southeasterly corner of the said fifteen (15) foot wide permanent easement in the easterly line of said lot no. 96 and the westerly line of lot no. 95 (of the said Indianola Park View Addition No. 3) conveyed to Cindy A. Coleman by deed of record in Instrument No. 200005170096880; thence
South 02º23'36" West a distance of 5.00 feet along the easterly line of said lot no. 96 and the westerly line of said lot no. 95 to a point; thence crossing a part of said lot no. 96 and along a curve to the left having a radius of 222.20 feet, an arc length of 1.79 feet, and a delta of 00º27'41" the chord of which bears
North 88º43'06" West a chord distance of 1.79 feet to the point of tangent of said curve; thence
South 85º06'00" West a distance of 46.84 feet across part of said lot no. 96 to a point in the westerly line of said lot no. 96 and the easterly line of said lot no. 97; thence
North 03º08'26" East a distance of 5.05 feet along the westerly line of said lot no. 96 and the easterly line of said lot no. 97 to the TRUE POINT OF BEGINNING, containing 0.006 acres (242.98 square feet), more or less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
3P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a five (5) foot wide permanent sanitary sewer easement across lot no. 98 conveyed to Jane Dill Makari by deed of record in Instrument No. 200409150215760 (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 98 being a part of Indianola Park View Addition No. 3 of record in Plat Book 9, Page 13, said five (5) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point for reference in the southerly right-of-way line of Parkview Drive being the northwesterly corner of said lot no. 98, the northeasterly corner of lot no. 99 (of the said Indianola Park View Addition No. 3) also conveyed to said Jane Dill Makari by deed of record in said Instrument No. 200409150215760 and being in the northerly line of an existing permanent easement granted to the City of Columbus by deed record in Deed Book 883, Page 24; thence South 03º10'12" West a distance of 30.00 feet along the westerly line of said lot no. 98, the easterly line of said lot no. 99 and across the said existing permanent easement to a point being a southerly corner of the said existing permanent easement and the TRUE PLACE OF BEGINNING; thence
South 78º35'29" East a distance of 50.72 feet along the southerly line of the said existing permanent easement and across said lot no. 98 to a point in the easterly line of said lot no. 98, the westerly line of lot no. 97 (of the said Indianola Park View addition No. 3) conveyed to Stephen Moore Hills and Martha Mae Hills by deed of record in Instrument No. 200403170058484, and being the southeasterly corner of the said existing permanent easement; thence
South 03º15'25" West a distance of 5.05 feet along the easterly line of said lot no. 98 and the westerly line of the said lot no. 97 to a point; thence
North 78º35'29" West a distance of 50.72 feet across said lot no. 98 to a point in the westerly line of said lot no. 98 and the easterly line of said lot no. 99; thence
North 03º10'12" East a distance of 5.05 feet along the westerly line of said lot no. 98 and the easterly line of said lot no. 99 to the TRUE POINT OF BEGINNING, containing 0.006 acres (264.18 square feet), more of less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in June, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
2P
Situated in the State of Ohio, County of Franklin, City of Columbus, Township 1 North, Range 18 West, United States Military Lands, and being a ten (10) foot wide permanent sanitary sewer easement across the south side of lot no. 14 conveyed to Martha K. Nemoto, Trustee, by deed of record in Official Record 24905I15, (all deed and plat references refer to the records of the Recorder's Office, Franklin County, Ohio) said lot no. 14 being a part of the Highlands Cliff Addition of record in Plat Book 7, Page 198, said ten (10) foot wide permanent sanitary sewer easement being more particularly described as follows:
Beginning at a point being the southwesterly corner of said lot no.14, the southeasterly corner of lot no. 13 (of the said Highlands Cliff Subdivision) conveyed to V. Randall Flora by deed of record in Official Record 002437F12 and being in the northerly line of a 12.645 acre tract conveyed to the Board of Education of Columbus City School District by deed of record in Deed Book 660 Page 102, thence,
North 08º31'17 West a distance of 10.13 feet along the westerly line of said lot no. 14 and the easterly line of said lot no. 13 to a point; thence
North 72º08'26" East a distance of 40.48 feet across said lot no. 14 to a point in the easterly line of said lot no. 14 and the westerly line of lot no. 15 (of the said Highlands Cliff Subdivision) conveyed to Jan H. O'Heron by deed of record in Official Record 28297E11; thence
South 08º30'00" East a distance of 10.13 feet along the easterly line of said lot no. 14 and the westerly line of said lot no. 15 to a point being the southeasterly corner of said lot no. 14, the southwesterly corner of said lot no. 15 and being in the northerly line of the said 12.645 acre tract; thence
South 72º08'26" West a distance of 40.48 feet along the southerly line of said lot no.14 and northerly line of the said 12.645 acre tract to the place of beginning, containing 0.0096 acres (404.82 square feet), more or less
The bearings are based on the Ohio State Plane Coordinate System, South Zone, North American Datum 1983.
The above description was prepared in May, 2005 by Richard W. Conrad, Professional Surveyor 5041 and is based on available records and a field survey made in 2004 by DLZ Ohio, Inc., Columbus, Ohio, under the direction of said surveyor.
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 stated 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.