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 Sunbury Road 12" Water Line Improvement Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow right-of-way acquisition to begin immediately so that the City can meet current schedules that require the acquisition of all necessary additional right-of-way to be completed with out delay.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Sunbury Road 12" Water Line Improvement 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 Sunbury Road 12" Water Line Improvement Project, #690468; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 401X-2003, on the 15th day of December, 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 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Sunbury Road 12" Water Line Improvement Project, Project 690468 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 1P
Situated in the State of Ohio, County of Franklin, City of Columbus, in Quarter Township 3, Township 1 North, Range 17 West, United States Military Lands and being an easement thirty (30) feet in width for waterline purposes through a portion of a 1.828 acre tract of land conveyed to James T. & Jean E. Wilson by deed of record in Deed Book 3344, Page 174, all references to the Recorder's Office, Franklin County, Ohio, said easement bounded and described as follows:
Beginning at a point in a north line of said 1.828 acre tract, in the south line of a 2.971 acre tract of land conveyed as Parcel 3 to Frances V. Bailey by deed of record in Official Record 3765, Page B 01 and in the westerly right-of-way line of Sunbury Road (60 feet in width) said point being N 75° 11' 32" W a distance of 30.01 feet from a point in the centerline of Sunbury Road, at a northeast corner of said 1.828 acre tract and at the southeast corner of said 2.971 acre tract;
Thence S 16° 08' 28" W crossing a portion of said 1.828 are tract and along the westerly right-of-way line of Sunbury Road a distance of 55.90 feet to a point at the intersection of the westerly right-of-way line of Sunbury Road with the northeasterly right-of-way line of Mock Road (60 feet in width);
Thence N 49° 16' 23" W crossing a portion of said 1.828 acre tract and along a portion of the northeasterly right-of-way line of Mock Road a distance of 32.99 feet to a point;
Thence N 16° 08' 28" E crossing a portion of said 1.828 acre tract and parallel with and thirty (30) feet westerly by perpendicular measurement from the westerly right-of-way line of Sunbury Road a distance of 41.48 feet to a point in a north line of said 1.828 acre tract and in the south line of said 2.971 acre tract;
Thence S 75° 11' 32" E along a portion of a north line of said 1.828 acre tract and along a portion of the south line of said 2.971 acre tract a distance of 30.01 feet to the place of beginning;
Containing 1,461 square feet (=0.034 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio from best available Court House research in January, 2003. Basis of bearings are based on the azimuth of 305° 44' 58" between Franklin County Monuments Nos. "Frank 64" and "Frank 164", and all other bearings are based upon this meridian. Kevin L. Baxter, Ohio Surveyor #7697.
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.