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 Big Walnut Augmentation Rickenbacker Interceptor (BWARI) Lockbourne Intermodal Subtrunk 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 stay within the project 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 Big Walnut Augmentation Rickenbacker Interceptor (BWARI) Lockbourne Intermodal Subtrunk Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the Big Walnut Augmentation Rickenbacker Interceptor (BWARI) Lockbourne Intermodal Subtrunk Project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Sewerage and Drainage 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 Big Walnut Augmentation Rickenbacker Interceptor (BWARI) Lockbourne Intermodal Subtrunk Project, Project # 650491, 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 5A
PERMANENT SANITARY SEWER EASEMENT
BELOW ELEVATION 682.00 FEET (NAVD88)
0.135 ACRE
across the lands of
VILLAGE OF LOCKBOURNE
for the
CITY OF COLUMBUS LOCKBOURNE INTERMODAL SUBTRUNK
C.I.P. 650491.2
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being on, over, and across that 7.6128 acre tract conveyed to the Village of Lockbourne by deed of record in Official Record 6800J08 (all references refer to the records of the Recorder's Officer, Franklin County, Ohio) and described as follows:
BEGINNING at the northwesterly corner of that 0.108-acre tract conveyed to Troy M. Brenton by deed of record in instrument Number 200703290054302, being on the southerly line of said 7.6128-acre tract;
thence South 55˚ West, with the southerly line of said 7.6128-acre tract, a distance of 19.67 feet to a point on a curve to the left;
thence across said 7.6128-acre tract, with the arc of said curve, having a central angle of 04˚, a radius of 1170.00 feet, an arc length of 98.16 feet, a chord bearing and distance of North 17˚ West, 98.13 feet to a point on the southerly line of that 249.67-acre tract conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200712110212437;
thence North 55˚ East, with said southerly line, a distance of 61.84 feet to a point on a curve to the right.
Thence across said 7.6128-acre tract with the arc of said curve, having a central angle of 04˚, a radius of 1230.00 feet, an arc length of 97.40 feet, a chord bearing and distance of South 18˚ East, 97.37 feet to a point on the northerly line of said 0.108-acre tract;
Thence South 55˚ West, with said northerly line, a distance of 43.77 feet to the POINT OF BEGINNING and containing 0.135- acre of land, more or less.
The bearings are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). Said bearings originated from a field traverse, which was referenced to said coordinate system by GPS observations of Franklin County Geodetic Survey Monuments, Smith and FCGS 9926. The grid bearing between said monuments being N 71˚ W. Distances shown hereon are ground distances.
The perpetual sub-surface easement rights (Parcel No. 5A) granted herein are "exclusive" as to all except any previously granted rights of record. Grant/Defendant, his heirs, executors, administrators and assigns, shall not in any way, shape or form enter, encroach, infringe, or penetrate into three dimensional perpetual easement described below as Parcel 5A, and Grantor/Defendant, his heirs, executors, administrators, and assigns, shall not cause or allow any pressure exceeding 3,300 pounds per square foot to be exerted upon the top of the tunnel.
8WD
FEE TAKE PARCEL
0.344 ACRES
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 11, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being part of that 162.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Angell Properties 2, LLC by deed of record in Instrument Number 200712110212408, (except as noted, all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument FCGS 9926 found at the common corner of said Section 11 and Sections 10, 14 and 15 of said Township and Range, a northwesterly corner of that 68.31 acre tract as conveyed to William L. Bolender by deed of record in Official Record 167, Page 779, Recorder's Office, Pickaway County, Ohio, being the intersection of the centerline of Lockbourne Road with the line common to Franklin and Pickaway Counties;
thence South 86° 28' 06" East, across the right-of-way of said Lockbourne Road, and with said county line, and the line common to said Sections 11 and 14, a distance of 30.00 feet to an iron pin set at the TRUE POINT OF BEGINNING;
thence North 03° 35' 07" East, with said easterly right-of-way line, a distance of 100.00 feet to an iron pin set;
thence across said 162.738 acre tract, the following courses and distances:
South 86° 28' 06" East, a distance of 150.00 feet to an iron pin set;
South 03° 35' 07" West, a distance of 100.00 feet to an iron pin set in the northerly line of said 68.31 acre tract, being said county and section line, said iron pin set being North 86° 28' 45" West, a distance of 2428.60 feet, with said county and section line, from Franklin County Geodetic Survey Monument FCGS 2222;
thence North 86° 28' 06" West, with said northerly line, and with said county and section line, a distance of 150.00 feet to the TRUE POINT OF BEGINNING, and containing 0.344 acre of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Parcel 8C
Temporary Easement
0.170 acre
Situated in the State of Ohio, County of Franklin, Township of Hamilton, located in Section 10, Township 3, Range 22, Matthews Survey of Congress Lands East of the Scioto, being part of that 162.738 acre tract as conveyed to Pickaway Properties, LLC by deed of record in Instrument Number 200404080078968, and Angell Properties 2, LLC by deed of record in Instrument Number 200712110212408, (except as noted, all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being described as follows:
Beginning, for reference, at Franklin County Geodetic Survey Monument FCGS 9926 found at a northwesterly corner of that 68.31 acre tract as conveyed to William L. Bolender by deed of record in Official Record, 167, Page779, Recorder's Office, Pickaway County, Ohio, being the intersection of the centerline of Lockbourne Road with the line common to Franklin and Pickaway Counties.
thence North 03˚ East, with said centerline, a distance of 100.03 feet, to a point.
thence South 86˚ East, across the right of way of said Lockbourne Road and Grantor's tract, a distance of 45.00 feet to the TRUE POINT OF BEGINNING;
thence across Grantor's tract, the following courses and distances:
North 03˚ East, a distance of 55.00 feet to a point;
South 86˚ East, a distance of 135.00 feet to a point;
South 03˚ West, a distance of 55.00 feet to a point;
North 86˚ West, a distance of 135.00 feet to the TRUE POINT OF BEGINNING, and containing 0.170 acre of land, more or less.
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.