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 Chestnut Street Combined Sewer Rehabilitation Project.
Fiscal Impact: Funding for this project is from the Department of Public Utilities, Division of Sewerage and Drainage, Voted Sanitary Bond Fund.
Emergency Justification: Emergency action is requested in order to allow for the immediate commencement of the easement acquisition services, pursuant to the procurement of the construction services necessary to rehabilitate this vital sanitary sewer infrastructure.
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 Chestnut Street Combined Sewer Rehabilitation 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 Chestnut Street Combined Sewer Rehabilitation Project (aka Chestnut & Sixth Combined Sewer Rehabilitation & Naghten Storm Project); and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0199X-2007, on the 10th day of December, 2007, 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 health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That perpetual utility easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Chestnut Street Combined Sewer Rehabilitation Project (aka Chestnut & Sixth Combined Sewer Rehabilitation & Naghten Storm Project) Department of Public Utilities, Division of Sewerage and Drainage, # 650618, 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:
1P
Situated in the City of Columbus, County of Franklin, State of Ohio, and being an easement over part of a tract of land conveyed to Atelier District, LLC, by Instrument 199812100318920, of the Deed Records of Franklin County, Ohio; said easement being bounded by a line more particularly described as follows:
Beginning for reference at an iron pin found at the intersection of the Easterly right-of-way line of Sidney Alley and the Southerly right-of-way line of Naghten Street; thence North 86° 41' 35" West a distance of 543.96 feet with said Southerly right-of-way line of Naghten Street to a point at the intersection of the Easterly right-of-way line of Fifth Street and Southerly right-of-way line of Naghten Street; then North 02° 48' 46" West a distance of 49.78 feet to the Southwest Corner of Lot Number 1 of Robert Neil's Addition of Inlots and Outlots to the City of Columbus as recorded in Plat Book 1, Page 98 of said Franklin County Records, said corner also being the intersection of the Easterly right-of-way line of Fifth Street and Northerly right-of-way line of Naghten Street, and the TRUE POINT OF BEGINNING of said easement;
Thence North 03° 44' 12" East a distance of 16.72 feet with said Easterly right-of-way line of Fifth Street and Westerly line of said Lot Number 1 to a point;
Thence South 73° 51' 49" East a distance of 75.30 feet to a point on said Northerly right-of-way line of Naghten Street and Southerly line of said Lot Number 1;
Thence North 86° 41' 35" West a distance of 73.55 feet with said Northerly right-of-way line of Naghten Street and said Southerly line of Lot Number 1 to the True Point of Beginning;
Containing 0.014 acres more or less.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986).
Section 3. 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 4. That the Council of the City of Columbus hereby fixes the value of said permanent easement(s) as follows:
1. 1P $15,930.00
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 for the reasons stated 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.