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File #: 0144X-2006    Version: 1
Type: Resolution Status: Passed
File created: 8/22/2006 In control: Safety Committee
On agenda: 9/11/2006 Final action: 9/14/2006
Title: To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riverview Drive Improvement Project, and to declare an emergency.
Explanation
 
Background:
 
     The following is a resolution to declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riverview Drive 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 meet the Department Public Service's acquisition time line.
 
 
Title
 
To declare the necessity and intent to appropriate fee simple title and lesser interests in and to real estate in connection with the Riverview Drive Improvement Project, and to declare an emergency.
 
 
Body
 
WHEREAS,      the City of Columbus is engaged in the Riverview Drive Improvement Project; and
 
WHEREAS,      an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to declare the necessity and intent to appropriate fee simple title and lesser interests in and to 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 fee simple title and lesser interests in and to the following described real estate necessary for the Riverview Drive Improvement Project, Project #530161, 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 19WD
RIVERVIEW DRIVE
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of a 0.509 acre tract in Section 3, Township I,Range 18, United States Military Lands, and being part of Lot No.3 of Exhibit "A" of an amicable partition made among the heirs of Henry T. Slyh, deceased, as the same is shown of record in Plat Book 5, Page 238, Franklin County, Ohio recorders office, and also being part of FI'tlIlk P. Colwells Riverview Parcels an unrecorded plat delineated in Plat Book 12, Page 38, Auditors Office, Franklin County, Ohio, now known as Lot No. 72, and described as follows:
Commencing at the intersection of Rivervi.ew Drive and Olentangy River Road, Station 39+38.99 centerline of survey of Riverview Drive, which equals Station 121+20.80 centerline of survey Olentangy River Road;
Thence along the centerline of Riverview Drive North 86°24'37" West a distance of 113.50 feet to a point Station 38+25.49 in the centerline of survey of Riverview Drive;
Thence North 03°35'23" East a distance of25.00 feet to a point in the grantor's southerly line and the northerly line of Riverview Drive, 25.00 feet left of Station 38+25.49 centerline of survey of Riverview Drive, said point being the TRUE POINT OF BEGINNING;
Thence North 77°46' 13" East a distance of 52.43 feet to a point in the westerly right of way line of Olentangy River Road, said point being 39.29 feet left of Station 38+75.93 centerline of survey of Riverview Drive;
Thence along the existing westerly right of way line of Olentangy River Road North 14°04'43" West a distance of 55.25 feet to a point in the grantors northerly line and the southerly line of an 0.887 acre tract conveyed to Magna National Realty, LLC by instrument of record 199912270315295 Franklin County Recorders office and being 48.58 feet left of Station 122+32.44 centerline of survey of Olentangy River Road;
Thence alOng the grantor's northerly line, the southerly line of said Magna National Realty, LLC, South 86°33'25" East a distance of 49.67 feet to the grantors northeasterly comer and in the original centerline of Olentangy River Road and in the westerly line of a 7.580 acre tract conveyed to River Road Hotel Corp. by instrument of record 12376B20 Franklin County, Ohio Recorders office said point bei~g 1.16 feet left of Station 122+ 17.67 centerline of survey Olentangy River Road;
Thence along the grantors easterly line, the westerly line of said River Road Hotel Corp., and the original centerline of Olentangy River Road, South 15°53'37" East a distance of
71.14 feet to the grantors southeasterly corner, said point being in the extension of the northerly right of line of Riverview Drive 25.00 feet left of Station 39+32.56 centerline of survey Riverview Drive;
Thence along the grantors southerly line and the northerly right of way line of Riverview Drive, North 86°24'37" West a distance of 107.07 feet to the TRUE POINT OF BEGINNING containing 0.087 acres more or less of which 0.078 acres are occupied by the present road leaving a net take of 0.009 acres more or less out of Auditors Pareel No. 010-117372
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
Said Stations stipulated in the plans for Riverview Drive and Olentangy River Road on file with the City of Columbus.
Grantor claims title by instrument of record in Deed Book 3333, Page 539, Franklin County Recorders Office.
 
 
 
PARCEL 19T
RIVERVIE\V DRIVE
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of Lot No. 72 in the Frank P. Colwells Riverview Parcels, an unrecorded plat which can be found in the Auditors Office, Franklin County, Ohio, Auditors Plat Book 12 Page 36.
Beginning at the grantor's southwesterly comer, the southwesterly corner of Lot No. 72, and in the northerly line of Riverview Drive, 25.00 feet left of Station 36+04.73 centerline of survey of Riverview Drive;
Thence along the grantor's westerly line and the westerly line of Lot No. 72. North 15°34'22" West a distance of 15.88 feet to a point 40.00 feet left of Station 35+99.52 centerline of survey of Riverview Drive;
Thence South 86°24'37" East a distance of 172.48 feet to a point 40.00 feet left of Station 37+72.00 in the centerline of survey of Riverview Drive;
Thence South 89°50'38" East a distance of 50.09 feet to a point 43.00 feet left of Station 38+ 22.00 centerline of survey of Riverview Drive:
Thence South 86°24'37" East a distance of 52.75 feet to a point in the westerly right of way line of Olentangy River Road, said point being 43.00 feet left of Station 38+74.75 centerline of suntey of Riverview Drive;
Thence along the said westerly right oC-way line, South 14°04'43" East a distance of3.89 feet to a point 39.29 feet left of Station 38+75.93 centerline of survey of Riverview Drive;
Thence South 27°46' 13" West a distance of 52.43 feet to a point in the grantors southerly line and the northerly line of Riverview Drive 25.00 feet left of Station 38+25.49 centerline of survey of Riverview Drive;
Thence along the grantor's southerly line, the southerly line of Lot No. 72, and the northerly line of Riverview Drive, North 86°24' 3 T' West a distance of 220.75 feet to the point of beginning containing 0.091 acres more or less.
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
 
 
      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.