Explanation
Background:
The following is a resolution to declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Midland and Eakin 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, thus facilitating the commencement of construction necessary to the project.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the Midland and Eakin Stormwater System Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Midland and Eakin 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 and construction 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 and construction easements in, over, under and through the following described real estate necessary for the Midland and Eakin Stormwater System Improvement Project, Project #610734, 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:
Hafey Enterprises
Situated in the City of Columbus, the County of Franklin and in the State of Ohio and being a fifteen feet wide temporary easement on the Hafey Enterprises 3.819 Acre Tract (Original 6.68 Acres) of record in Instrument 200009010177240 of the Recorder's records, Franklin County, Ohio and said fifteen feet wide temporary easement being more particularly described as follows:
Beginning, for reference, at the southeasterly corner of Woodbrook Lane as shown on the Dedication of Woodbrook Lane and Easements plat of record in Plat Book 35, page 45 of said Recorder's records, the same being the southwesterly corner of the remainder of the Hafey Enterprises original 6.68 acre tract;
thence North 13°32'11" East 100.00 feet, in the easterly right-of-way line of said Woodbrook Lane, to the Place of Beginning of the herein described temporary easement;
thence, continuing, North 13°32'11" East 232.20 feet, in the easterly right-of-way of Woodbrook Lane, to a point;
thence South 76°27'49" East 15.00 feet, to a point;
thence South 13°32'11" West 232.20 feet, to a point;
thence North 76°27'49" West 15.00 feet, to the Place of Beginning and containing 0.080 acres, more or less.
This description is based on a field survey in October, 2004 by Gary L. Elswick, Registered Surveyor #6395. Bearings are based on GPS observations and are NAD83, 1986 adjustment. Gary L. Elswick, Registered Surveyor #6395 Date
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.