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 Alum Creek Sanitary Trunk Storage Facilities 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 maintain Public Utilities' construction and project schedule.
Title
To declare the necessity and intent to appropriate permanent easements in, over, under and through real estate in connection with the Alum Creek Sanitary Trunk Storage Facilities Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Alum Creek Sanitary Trunk Storage Facilities 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 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 Alum Creek San. Trunk Storage Facilities Project, Project #650705, 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:
PERPETUAL INGRESS/EGRESS EASEMENT
0.120 ACRE
Situate in the State of Ohio, County of Franklin, City of Columbus, being part of Lot No. 61 of Martin and Stage's Fairwood Addition to the City of Columbus, as numbered and delineated on the record plat thereof, of record in Plat Book 2, Pages 98-101, and being an easement on said Lot No. 61 conveyed to LOCAL 423, LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, of record in Deed Book 3441, Page 254, all references being to Recorder's Office, Franklin County, Ohio, said easement being more particularly described as follows:
Commencing at a point in the northwest corner of said Lot No. 61 and centerline of Holtzman Avenue; thence S 88º22'12" E with the north line of said Lot No. 61, a distance of 22.50 feet to a point in the east right-of-way of said Holtzman Avenue; thence, continuing with the north line of said Lot No. 61, S 88º22'12" E, a distance of 109.67 feet to a point in the east limited access right-of-way line of Alum Creek Drive Extension at STA 80+30.97, 45.00 feet right as shown on the Franklin County Survey Plan marked FRA-40-15.90 Right-of-Way Plan Limited Access, I-70-3(22) 101 R/W, Sheet 17 of 19, said point being the True Point Of Beginning of the herein described easement:
Thence, S 88º22'12" E, with the north line of said Lot No. 61, a distance of 90.00 feet to a point;
Thence, along the arc of a curve to the southwesterly 116.09 feet, having a central angle of 73º54'23", a radius of 90.00 feet, and a chord bearing S 38º35'05" W, 108.21 feet to a point in the east limited access right-of-way of said Alum Creek Drive Extension;
Thence, with the said Alum Creek Drive Extension east limited access right-of-way line, N 14º27'49" W, a distance of 90.00 feet to the True Point Of Beginning.
The above-described easement contains 0.120 acre (5,224.13 square feet), more or less.
Bearings are based upon the centerline survey of Alum Creek Drive Extension as shown on existing plan, Franklin County Survey Plan marked FRA-40-15.90 Right-of-Way Plan Limited Access I-70-3(22) 101 R/W 17 of 19.
This description was prepared from existing deeds, information of record, and location of available monumentation by David C. Haigh, Registered Surveyor No. 6750, of DLZ Ohio, Inc., of Columbus, Ohio, in August 2005.
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.