Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Greenhill Acres Storm Sewer Improvement Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewers and Drains.
Emergency Justification: Emergency action is requested to allow the immediate acquisition of all necessary parcels as not to delay the completion of this City project.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Greenhill Acres Storm Sewer Improvement Project, 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 Greenhill Acres Storm Sewer Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 346X-2003, on the 6th day of October, 2003, 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 of Sewerage and Drainage, 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Greenhill Acres Storm Sewer Improvement Project, #610965, 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:
PARCEL NO. 19S
Situated in the City of Columbus, County of Franklin, State of Ohio, and being part of Lot No. 67, of Lewis Southern Heights Addition, as recorded in Instrument No. 200005100091521 and Plat Book 16, Page 61, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point on the Grantor's northwest property corner, said point being at the northeast corner of said Lot 67 and in the southerly right of way line of Lock Avenue, and being the TRUE point of beginning for the Parcel herein conveyed;
Thence along said southerly right of way line South 86°00'00" East a distance of 5.00 feet to a point on the proposed easement line;
Thence along said easement line South 03°47'00" West a distance of 132.90 feet to a point on the Grantor's southerly property line and southerly line of Lot 67;
Thence along said property line North 86°00'00" West a distance of 5.00 feet to a point on the Grantor's westerly property line and westerly line of Lot 67;
Thence along said property line North 03°47'00" East a distance of 132.90 feet to the TRUE point of beginning and containing 0.015 acres, more or less.
The above take area is from Auditor's Parcel No. 010-114287, which contains 0.10 acres.
The above description was prepared under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
The Basis of Bearing for this description is the southerly right of way line of Lock Avenue, being North 86°00'00" West as shown of record in Plat Book 16, Page 61, Recorder's Office, Franklin County, Ohio.
Michael D. Weeks, Registered Surveyor No. 7357
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 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 4. That for the reasons state 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.