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 South Wellfield Expansion 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 the project's schedule.
Title
To declare the necessity and intent to appropriate permanent and construction easements in, over, under and through real estate in connection with the South Wellfield Expansion Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the South Wellfield Expansion Project; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Water, 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 South Wellfield Expansion Project, Project # 690359, 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:
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2.075-ACRE TEMPORARY WATERLINE CONSTRUCTION EASEMENT
Situate in the State of Ohio, County of Franklin, City of Columbus, being a part of Section Number 4, Township 3, Range 22 of the Congress Lands and also being part of Parcel #1 (23.321 acres) and Parcel #4 (145.81 acres) of the lands conveyed to EDWARD J. HERRMANN, BISHOP OF THE DIOCESE OF COLUMBUS by deed of record in Deed Volume 3689, Page 713, and by AFFIDAVIT OF FACTS of record in Instrument No. 200509090187131, all references to the Recorder's Office, Franklin County, Ohio.
Commencing at the intersection of the original centerline of U.S. Route 23 (Portsmouth-Columbus Road) with the centerline of State Route 317 (London-Groveport Road), said intersection being in the northwest corner of said Parcel #1 of the Diocese tract;
thence, South 5º24'25" West with the original centerline of said U.S. Route 23 (existing centerline 24.00 feet west of original) and with the west property line of said Parcel #1 a distance of 510.00 feet to a point;
thence, South 84º35'35" East a distance of 30.00 feet to a point on the east right-of-way line of U.S. Route 23, said point being the true point of beginning of the herein described temporary water line construction easement;
thence, South 84º35'35" East across said Diocese Parcel #1 a distance of 40.00 feet to a point;
thence, continuing with a line across the said Diocese Parcel #1 and Parcel #4 the following four (4) courses and distances;
thence, North 5º24'25" East a distance of 428.70 feet to a point;
thence, South 87º43'20" East a distance of 333.97 feet to a point;
thence, South 86º11'41" East a distance of 750.72 feet to a point;
thence, South 88º52'05" East a distance of 744.50 feet to a point in the east property line of said Diocese Parcel #4:
thence, South 0º07'30" East with the east line of said Diocese Parcel #4 a distance of 40.01 feet to a point;
thence, with a line across the said Diocese Parcel #4 and Parcel #1 the following nine (9) courses and distances;
thence, North 88º52'05" West a distance of 746.31 feet to a point;
thence, North 86º11'41" West a distance of 751.12 feet to a point;
thence, North 87º43'20" West a distance of 262.79 feet to a point;
thence, North 2º16'40" East a distance of 15.00 feet to a point;
thence, North 87º43'20" West a distance of 58.00 feet to a point;
thence, South 5º24'25" West a distance of 43.60 feet to a point;
thence, South 84º35'35" East a distance of 26.00 feet to a point;
thence, South 5º24'25" West a distance of 400.83 feet to a point;
thence, North 84º35'35" West a distance of 80.00 feet to a point in the east right-of-way line of said U.S. Route 23;
thence, North 5º24'25" East with the east right-of-way line of said U.S. Route 23 a distance of 40.00 feet to the point of beginning.
It is understood the above water line construction easement contains 2.075 acres, more or less.
Bearings are based upon the centerline of U.S. Route 23 being North 5º24'25" East of record in Deed Volume 3689, Page 713.
This description was prepared from existing deeds and dedication plats by David C. Haigh of DLZ Ohio, Inc., of Columbus, Ohio, in February 2006.
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2.107-ACRE PERMANENT WATERLINE EASEMENT
Situate in the State of Ohio, County of Franklin, City of Columbus, being a part of Section Number 4, Township 3, Range 22 of the Congress Lands and also being part of Parcel #1 (23.321 acres) and Parcel #4 (145.81 acres) of the lands conveyed to EDWARD J. HERRMANN, BISHOP OF THE DIOCESE OF COLUMBUS by deed of record in Deed Volume 3689, Page 713, and by AFFIDAVIT OF FACTS of record in Instrument No. 200509090187131, all references to the Recorder's Office, Franklin County, Ohio.
Commencing at the intersection of the original centerline of U.S. Route 23 (Portsmouth-Columbus Road) with the centerline of State Route 317 (London-Groveport Road), said intersection being in the northwest corner of said Parcel #1 of the Diocese tract;
thence, South 5º24'25" West with the original centerline of said U.S. Route 23 (existing centerline 24.00 feet west of original) and with the west property line of said Parcel #1 a distance of 510.00 feet to a point;
thence, South 84º35'35" East a distance of 30.00 feet to a point on the east right-of-way line of U.S. Route 23, said point being the true point of beginning of the herein described water line easement;
thence, North 5º24'25" East with the east right-of-way line of said U.S. Route 23 a distance of 466.75 feet to a point in the south right-of-way line of State Route 317;
thence, South 87º43'20" East with the south right-of-way line of said State Route 317 a distance of 372.41 feet to a point;
thence, South 86º11'41" East with the south right-of-way line of said State Route 317 a distance of 750.27 feet to a point;
thence, South 88º52'05" East continuing with the south right-of-way line of said State Route 317 a distance of 742.71 feet to a point in the east property line of said Diocese Parcel #4;
thence, South 0º07'30" East with the east line of said Diocese Parcel #4 a distance of 40.01 feet to a point;
thence, with a line across the said Diocese Parcel #4 and Parcel #1 the following five (5) courses and distance:
thence, North 88º52'05" West a distance of 744.50 feet to a point;
thence, North 86º11'41" West a distance of 750.72 feet to a point;
thence, North 87º43'20" West a distance of 333.97 feet to a point;
thence, South 5º24'25" West a distance of 428.70 feet to a point;
thence, North 84º35'35" West a distance of 40.00 feet to the point of beginning.
It is understood the above water line easement contains 2.107 acres, more or less.
Bearings are based upon the centerline of U.S. Route 23 being North 5º24'25" East of record in Deed Volume 3689, Page 713.
This description was prepared from existing deeds and dedication plats by David C. Haigh of DLZ Ohio, Inc., of Columbus, Ohio, in February 2006.
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0.478 ACRE TEMPORARY WATERLINE CONSTRUCTION EASEMENT
Situate in the State of Ohio, County of Pickaway, Township of Scioto, being part of Virginia Military Surveys No. 4692, 2446, 1194 and also being part of a 261.459 acre tract of land conveyed to JANE CALDWELL BOWLING and JOSEPH GRIMES CALDWELL by deed of record in Official Record 0172, Page 0169, all references to the Recorder's Office, Pickaway County, Ohio.
EASTERLY EASEMENT
Commencing at a point in the northeast corner of said 261.459 acre Bowling-Caldwell tract in the southeast corner of a 101.5269 acre tract of land owned by the City of Columbus by deed of record O.R. 003, Page 227 and at the low water mark of the Scioto River; thence, South 85º 17'44" West with the north line of said Bowling-Caldwell tract and with the south line of said City of Columbus tract a distance of 321.00feet to a point; said point being the true point of beginning of the herein described water line construction easement;
thence, South 18º46'36" East across the said 261.459 Bowling-Caldwell tract a distance of 285.66 feet to a point;
thence, South 63º46'36" East continuing across said tract a distance of 188.46 feet to a point in the east property line of said Bowling-Caldwell tract and low water mark of the Scioto River;
thence, South 20º47'08" West along the east property line of said Bowling-Caldwell tract a distance of 20.09 feet to a point;
thence, North 63º46'36" West across said 261.459 acre Bowling-Caldwell tract a distance of 198.64 feet to a point;
thence, North 18º46'36" West continuing across said tract a distance of 298.96 feet to a point on the north property line of said Bowling-Caldwell tract;
thence, North 85º17'44" East with the north line of said 261.459 acre Bowling-Caldwell tract and with the south line of said City of Columbus tract, a distance of 20.62 feet to the point of beginning.
WESTERLY EASEMENT
Commencing at a point in the northeast corner of said 261.459 acre Bowling-Caldwell tract in the southeast corner of a 101.5269 acre tract of land owned by the City of Columbus by deed of record O.R. 003, Page 227 and at the low water mark of the Scioto River; thence, South 85º 17'44" West with the north line of said Bowling-Caldwell tract and with the south line of said City of Columbus tract a distance of 362.24 feet to a point; said point being the true point of beginning of the herein described water line construction easement;
thence, South 18º46'36" East across the said 261.459 Bowling-Caldwell tract a distance of 325.55 feet to a point;
thence, South 63º46'36" East continuing across said tract a distance of 219.01 feet to a point in the east property line of said Bowling-Caldwell tract and low water mark of the Scioto River;
thence, South 20º47'08" West along the east property line of said Bowling-Caldwell tract a distance of 20.09 feet to a point;
thence, North 63º46'36" West across said 261.459 acre Bowling-Caldwell tract a distance of 229.19 feet to a point;
thence, North 18º46'36" West continuing across said tract a distance of 338.85 feet to a point on the north property line of said Bowling-Caldwell tract;
thence, North 85º17'44" East with the north line of said 261.459 acre Bowling-Caldwell tract and with the south line of said City of Columbus tract, a distance of 20.62 feet to the point of beginning.
It is understood the above water line temporary construction easements contain 0.478 acre, more or less, in total.
Bearings are based upon the Ohio State Plan Coordinate System, South Zone.
This description was prepared from field survey and existing deeds by David C. Haigh of DLZ Ohio, Inc., of Columbus, Ohio, in May 2004.
2P
0.4785 ACRE PERMANENT WATERLINE EASEMENT
Situate in the State of Ohio, County of Pickaway, Township of Scioto, being part of Virginia Military Surveys No. 4692, 2446, 1194 and also being part of a 261.459 acre tract of land conveyed to JANE CALDWELL BOWLING and JOSEPH GRIMES CALDWELL by deed of record in Official Record 0172, Page 0169, all references to the Recorder's Office, Pickaway County, Ohio.
Commencing at a point in the northeast corner of said 261.459 acre Bowling-Caldwell tract in the southeast corner of a 101.5269 acre tract of land owned by the City of Columbus by deed of record O.R. 003, Page 227 and at the low water mark of the Scioto River; thence, South 85º 17'44" West with the north line of said Bowling-Caldwell tract and with the south line of said City of Columbus tract a distance of 341.62 feet to a point; said point being the true point of beginning of the herein described 40 feet wide water line easement;
thence, South 18º46'36" East across the said 261.459 Bowling-Caldwell tract a distance of 298.96 feet to a point;
thence, South 63º46'36" East continuing across said tract a distance of 198.63 feet to a point in the east property line of said Bowling-Caldwell tract and low water mark of the Scioto River;
thence, South 20º47'08" West along the east property line of said Bowling-Caldwell tract a distance of 40.18 feet to a point;
thence, North 63º46'36" West across said 261.459 acre Bowling-Caldwell tract a distance of 219.01 feet to a point;
thence, North 18º46'36" West continuing across said tract a distance of 325.55 feet to a point on the north property line of said Bowling-Caldwell tract;
thence, North 85º17'44" East with the north line of said 261.459 acre Bowling-Caldwell tract and with the south line of said City of Columbus tract, a distance of 41.24 feet to the point of beginning.
It is understood the above water line easement contains 0.4785 acre, more or less.
Bearings are based upon the Ohio State Plan Coordinate System, South Zone.
This description was prepared from field survey and existing deeds by David C. Haigh of DLZ Ohio, Inc., of Columbus, Ohio, in May 2004.
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.