Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Metronet Indianola Fiber Optic Project.
Fiscal Impact: The Department of Public Utilities, Division of Power and Water, has determined funding for this project will be from the Electricity Operating Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for the aforementioned project to proceed without delay thereby allowing this project to move forward.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of a permanent easement in and to real estate necessary for the Metronet Indianola Fiber Optic Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Metronet Indianola Fiber Optic Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0008X-2010 on the 25th day of January, 2010, declaring the necessity and intent to appropriate the real property interests hereinafter described and the purpose of the appropriation, and notice of such adoption of said resolution has been served in accordance with Columbus City Code Sec. 909.03; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division Power and Water, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, and for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That perpetual easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Metronet Indianola Fiber Optic Project, # 600700, pursuant to the power and authority granted to a municipal corporation by the Constitution of the State of Ohio, the Ohio Revised Code, Sec. 715.01, Sec. 717.01, Sec. 719.01 through Sec. 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
2A
DESCRIPTION OF 15 FOOT WIDE
UTILITY EASEMENT
0.049 Acre
Situated in the State of Ohio, Franklin County, City of Columbus, Quarter Township 1 North, Range 18 West, United States Military Lands and being a 15 foot wide strip of land lying on, over and across a parcel of land as conveyed to CSX TRANSPORTATION, INC. BY MERGER I.N.200711080194030 NEW YORK CENTRAL LINES LLC.I.N.200212180325201 (all records being of the Franklin County Recorder's Office, Ohio) and being more particularly described as follows;
Beginning for reference at the intersection of the northerly right-of-way line of Oakland Park Avenue (60.00 feet in width) and the line common to said 1.307 acre tract and that 2.09 acre tract as conveyed to Samuel A. Shuman by deed of record in Official Record 29778, Page G16, said point also being on the westerly line of a 40.00 feet wide ingress and egress easement (formerly Pennsylvania Lines LLC) as recorded in Deed Book 1801, Page 148;
Thence North 01°39'43" East, a distance of 190.00 feet along the line common to said 2.09 and 1.307 acre tracts the TRUE POINT OF BEGINNING;
Thence North 01°39'43" East, a distance of 141.36 feet along said westerly line to the southwest corner of a 2.665 acre tract as conveyed to Sulmona LLC by deed of record in Instrument Number 200308180261216;
Thence South 89°39'57" East, a distance of 15.00 feet along southerly line of said 2.665 acre tract to a point;
Thence South 01°39'43" West, a distance of 141.36 feet crossing said CSX TRANSPORTATION, INC. parcel to a point on the northerly line of said 2.09 acre tract;
Thence North 89°39'36" West, a distance of 15.00 feet along said 2.09 acre tract to the TRUE POINT OF BEGINNING, containing 0.049 acre of land more or less. Subject to all easements, restrictions, and rights-of-way of record.
Bearings for this description are based on an assumed bearing of South 89°39'36" East, as given for the north right-of-way line of Oakland Park Avenue as recorded in Instrument Number 200308180261216.
Section 2. That the Council of the City of Columbus, Ohio, declares that the appropriation of said real property interests is necessary for the stated public purpose, and that the City of Columbus, Ohio, has been unable to agree with the owner(s) as to the just compensation to be paid by the City of Columbus, Ohio.
Section 3. That the Council of the City of Columbus hereby fixes the value of said permanent easement as follows:
1. 2A $3,040.00
Section 4. That the City Attorney be and hereby is authorized to file a complaint for appropriation of real property, in a Court of competent jurisdiction, and to have a jury impaneled to make inquiry into and assess the just compensation to be paid for the foregoing described real property interests.
Section 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.