Explanation
Background: On February 24, 2003 City Council passed Ordinance No. 0254-03 authorizing the City of Columbus (the "City") to enter into an Escrow Agreement by and among the City, National Church Residences (the "Developer") and the Columbus City Auditor (the "Escrow Agent") to facilitate the acquisition of the certain real property necessary to the Waggoner Grove Section 1 Sanitary Sewer Project. 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 Waggoner Grove Section 1 Sanitary Sewer Project.
Fiscal Impact: Funding for this project has been deposited with the Escrow Agent.
Emergency Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to continue to meet the current City construction schedule.
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 Waggoner Grove Section 1 Sanitary Sewer Project, and to declare an emergency.
Body
WHEREAS, on February 24, 2003 City Council passed Ordinance No. 0254-03 authorizing the City of Columbus (the "City"), a municipal corporation, to enter into an Escrow Agreement by and among the City, National Church Residences (the "Developer") and the Columbus City Auditor (the "Escrow Agent") to facilitate the acquisition of the certain real property necessary to Waggoner Grove Section 1 Sanitary Sewer Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 032X-04, on the 23rd day of February, 2004, 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 City, 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 subsurface sewer easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Waggoner Grove Section 1 Sanitary Sewer Project, CC-12720, 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:
PERPETUAL SUB-SURFACE SEWER UTILITY EASEMENT
[Below elevation 982.0 (NAVD88)]
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 4, Township 1, Range 16, United States Military Lands and being a strip of land 15.00 feet wide across that tract of land as conveyed to Caprail, Inc. et al by deed of record in Official Record 19183E09 (all references are to records of the Recorder's Office, Franklin County, Ohio), and being more particularly bounded and described as follow:
Beginning, for reference, at the southwesterly corner of lot 18 of that subdivision entitled "Waggoner Grove Section 1" of record in Plat Book 100, Pages 8-9, being in Grantor's northerly line;
Thence N 88° 21' 19" W, with Grantor's northerly line, a distance of 57.91 feet to the True Point of Beginning;
Thence S 06° 37' 32" W, across Grantor's tract, a distance of 110.42 feet to a point in Grantor's southerly line,
Thence N 88° 21' 19" W, with said southerly line, a distance of 15.06 feet to a point;
Thence N 06° 37' 32" E, across Grantor's tract, a distance of 110.42 feet to a point in Grantor's northerly line;
Thence S 88° 21' 19" E, with said northerly line, a distance of 15.06 feet to the True Point of Beginning, and containing 0.038 acre of land, more or less.
EMH&T, Inc., Clark E. White, R.S. No. 7868, January 2004.
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, Ohio, hereby declares the value of the subject real property interests to be Nine Thousand Two Hundred Dollars ($9,200.00).
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 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.