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 McKinley Avenue Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Division of Transportation, 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is request to allow right-of-way acquisition and to begin immediately as not to delay the 2006 construction schedule of this improvement project.
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 McKinley Avenue Improvement Project, to authorize the expenditure of $770.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($770.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the McKinley Avenue Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0129X-2005, on the 26th day of September, 2005 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 Public Service Department, Transportation Division, 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 health, peace, property, safety and welfare; 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 McKinley Avenue Improvement Project, #590110, 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:
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 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 declares its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus, Ohio, hereby declares the value of the subject real property interests to be Seven Hundred Seventy Dollars ($770.00).
Section 5. That the City Attorney be and he 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 6. That the expenditure of $770.00, or so much thereof as may be necessary for the McKinley Avenue Improvement Project, Project #590110, from the 1995, 1999 Voted Streets and Highways Fund, Fund #704, OCA Code 644385, Object Level Three 6601, AC #022416 for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. That for the reasons state in the preamble hereto, 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.