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 McKinley Avenue 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 McKinley Avenue Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is engaged in the McKinley Avenue 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 McKinley Avenue Improvement Project, Project # 590110, 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:
TEMPORARY CONSTRUCTION EASEMENT
Parcel No. 34-T
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of that tract conveyed to CSX Transportation, Inc. by merger of record in Official Record 13276, B-15, title acquired by Baltimore and Ohio Railroad Company of record in Deed Book 592, Page 1, tract originally conveyed to The Columbus and Cincinnati Midland Railroad Company of record in Deed Book 174, Page 32 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning for reference at the southwesterly corner of said CSX Transportation, Inc. tract, the southeasterly corner of that 0.544 acre tract conveyed to Trio Insulated Glass, Inc. of record in Official Record 1357, C-14, in the northerly right-of-way line for McKinley Avenue;
Thence with the westerly line of said CSX Transportation, Inc., being a curve to the right, having a central angle of 00º 15' 19", a radius of 1473.35 feet, and an arc length of 6.57 feet, a chord bearing and chord distance of N 44º 29' 31" E, 6.57 feet to the True Point Of Beginning;
Thence, continuing with said westerly line and said curve to the right, having a central angle of 00º 26' 10", a radius of 1473.35 feet, and an arc length of 11.22 feet, a chord bearing and chord distance of N 44º 50' 15" E, 11.22 feet;
Thence across said CSX Transportation, Inc. tract, the following courses:
S 85º 54' 05" E, 37.76 feet;
S 04º 05' 55" W, 8.50 feet;
N 85º 54' 05" W, 45.08 feet to the True Point Of Beginning, containing 0.008 acre, more or less, from Auditor's Parcel No. 010-066029.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC 17-83 and COC 18-83. A bearing of N 87º 22' 38" W was held between said monuments.
EMH&T, Inc., John C. Dodgion, P.S. No. 8069, 5/5/05.
PERPETUAL SEWER UTILITY EASEMENT
Parcel No. 34-U
Situated in the State of Ohio, County of Franklin, City of Columbus, Survey No. 1393 of the Virginia Military District and being part of that tract conveyed to CSX Transportation, Inc. by merger of record in Official Record 13276, B-15, title acquired by Baltimore and Ohio Railroad Company of record in Deed Book 592, Page 1, tract originally conveyed to The Columbus and Cincinnati Midland Railroad Company of record in Deed Book 174, Page 32 (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning at the southwesterly corner of said CSX Transportation, Inc. tract, the southeasterly corner of that 0.544 acre tract conveyed to Trio Insulated Glass, Inc. of record in Official Record 1357, C-14, in the northerly right-of-way line for McKinley Avenue;
Thence with the westerly line of said CSX Transportation, Inc., being a curve to the right, having a central angle of 00º 15' 19", a radius of 1473.35 feet, and an arc length of 6.57 feet, a chord bearing and chord distance of N 44º 29' 31" E, 6.57 feet;
Thence S 85º 54' 05" E, across said CSX Transportation, Inc. tract, 135.30 feet to the easterly line of said CSX Transportation, Inc. tract;
Thence with said easterly line, being a curve to the left, having a central angle of 00º 12' 34", a radius of 1908.15 feet, and an arc length of 6.98 feet, a chord bearing and chord distance of S 48º 20' 18" W, 6.98 feet to the southeasterly corner thereof, in said northerly right-of-way line;
Thence N 85º 54' 05" W, with said northerly right-of-way line, 134.68 feet to the Point Of Beginning, containing 0.016 acre, more or less, from Auditor's Parcel No. 010-066029.
This description was prepared through the use of existing records and an actual field survey performed in May 2000 and October 2003.
Bearings are based on the coordinate location of monuments COC 17-83 and COC 18-83. A bearing of N 87º 22' 38" W was held between said monuments.
EMH&T, Inc., John C. Dodgion, P.S. No. 8069, 5/5/05.
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.