Explanation
Background:
The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Sidewalk Installation Program, COTA Routes Project.
Fiscal Impact:
Funding for this project is from the Department of Public Service, Transportation Division of the Federal State Highway Engineering Fund.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition-related activities previously authorized by the Ohio Department of Transportation to be initiated by the City Attorney's Office, Real Estate Division, as soon as possible so that right-of-way acquisition and utility relocation can be completed and certified to the State of Ohio on or before March 1, 2007, as required by the above-referenced Real Estate Agreement.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Sidewalk Installation Program, COTA Routes Project, to authorize the expenditure of $21,935.00 from the Transportation Division of the Federal State Highway Engineering Fund and to declare an emergency. ($21,935.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Sidewalk Installation Program, COTA Routes Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0048X-2006, on the 3rd day of April, 2006, and Resolution No. 0153X-2006, on the 2nd day of October, 2006 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 Service, Transportation Division, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, for the 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 fee simple title in and to the following described real property, be appropriated for the public purpose of the Sidewalk Installation Program, COTA Routes Project, Project #530790, 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 Code (1959), Chapter 909;
PARCEL 5-WD
Situated in the State of Ohio, Franklin County, City of Columbus, as conveyed to city national bank and trust co. by deed of record in D.V. 3510 PG. 85 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the centerline intersection of E. Dublin-Granville Road (S.R. 161) and Cleveland Avenue, and being Cleveland Avenue centerline station 70+00.00;
Thence North 03° 33' 00" East, a distance of 307.45 feet, along the centerline of said Cleveland Avenue, to a point at centerline station 73+07.45;
Thence North 86° 27' 00" West, a distance of 40.00 feet, to a point on the existing westerly right-of-way line of Cleveland Avenue, 40.00 feet left of centerline station 73+07.45, and being the TRUE POINT OF BEGINNING;
Thence South 49° 48' 01" West, a distance of 13.83 feet, along said right-of-way line of Cleveland Avenue, common with northwesterly line of a 0.0011 acre right-of-way take as conveyed to the CITY OF COLUMBUS by deed of record in O.R. 10245A15, to an iron pin set 50.00 feet left of centerline station 72+97.88;
Thence North 03° 33' 00" East, a distance of 140.00 feet through said city national bank and trust co. parcel, to an iron pin set 50.00 feet, left of centerline station 74+37.88;
Thence South 83° 57' 00" East, a distance of 10.00 feet, to a point on the westerly right-of-way line of Cleveland Avenue, 40.00 feet left of centerline station 74+37.45;
Thence South 03° 33' 00" West, a distance of 130.00 feet, along the existing westerly right-of-way line of Cleveland Avenue to the TRUE POINT OF BEGINNING, containing 0.031 acre, more or less.
The above described area is contained within Franklin County Auditor's Permanent Parcel Number 010-104532.
Bearings in the above description are based on a series of GPS observations made by ADR & Associates, Ltd. on March 13, 2003, using the State Plane Coordinate System, Ohio South Zone, NAD83, between the Franklin County Geodetic Survey Control Monuments Clark 1928/1982 and Clark Azimuth having a bearing of North 0° 39' 58" East .
All iron pins set shall be 5/8 inch rebar, 30 inches long and having a red plastic cap reading "City of Columbus Right-of-Way Marker".
Brian D. Smart Date
Professional Surveyor S-7611
Section 2. That fee simple title in and to the following described real property, be appropriated for the public purpose of the Sidewalk Installation Program, COTA Routes Project, Project #530790, 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 Code (1959), Chapter 909;
PARCEL 19-WD
Situated in the State of Ohio, Franklin County, City of Columbus, and being a part of Quarter Township 3, Township 2, Range 17, United States Military Lands, and being a remaining portion of that 102.558 acre tract as conveyed to FOREST HILLS COMPANY, by deed of record in DB 2763 PG. 345 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the centerline intersection of Dublin-Granville Road (State Route 161) and Cleveland Avenue and being Cleveland Avenue centerline station 70+00.00;
Thence North 03° 33' 00" East, a distance of 62.09 feet, along the centerline of said Cleveland Avenue, to a point at centerline station 70+62.09;
Thence South 86° 27' 00" East, a distance of 40.00 feet, to a point of intersection of the northerly right-of-way line of Dublin-Granville Road and the easterly right-of-way line of Cleveland Avenue, 40.00 feet right of centerline station 70+62.09, and being the TRUE POINT OF BEGINNING;
Thence North 03° 33' 00" East, a distance of 19.65 feet, along the easterly right-of-way line of Cleveland Avenue, to a point, 40.00 feet right of centerline station 70+81.74;
Thence South 72° 25' 00" East, a distance of 11.66 feet, along the northerly line of a remaining portion of the said 102.558 acre Forest Hills Company tract common with the southerly property line of Fifth Third Bank of Columbus by deed of record in O.R. 31345 I04 to an iron pin set, 51.31 feet right of centerline station 70+78.91;
Thence South 01° 23' 12" West, a distance of 19.12 feet, through said remaining portion of the 102.558 acre Forest Hills Company tract, to an iron pin set on the southerly line of said remaining portion of the 102.558 acre Forest Hills Company tract, common with northerly line of a 2.185 acre right-of-way take as conveyed to the State of Ohio by deed of record in DB 3412 PG. 578, at a point 52.04 feet right of centerline station 70+59.74;
Thence North 75° 43' 31" West, a distance of 12.25 feet, along the southerly line of said remaining portion of the 102.558 acre Forest Hills Company tract, common with northerly line of a 2.185 acre right-of-way take as conveyed to the State of Ohio by deed of record in DB 3412 PG. 578 to the TRUE POINT OF BEGINNING, containing 0.005 acres, more or less.
Bearings in the above description are based on a series of GPS observations made by ADR & Associates, Ltd. on March 13, 2003, using the State Plane Coordinate System, Ohio South Zone, NAD83, between the Franklin County Geodetic Survey Control Monuments Clark 1928/1982 and Clark Azimuth having a bearing of North 0° 39' 58" East .
All iron pins set shall be 5/8 inch rebar, 30 inches long and having a red plastic cap reading "City of Columbus Right-of-Way Marker".
Brian D. Smart Date
Professional Surveyor S-7611
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 Columbus, Ohio, hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 5. That the Council of the City of Columbus hereby declares the value of the subject property interests to be as follows:
1. 5WD $19,075.00.
2. 19WD $2,860.00
Section 6. 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 7. That for the purpose of paying for said acquisition costs for the Sidewalk Installation Program, COTA Routes project, Project #530790, the City Attorney's Office, Real Estate Division be and hereby is authorized to expend $21,935.00 or so much thereof as may be necessary from Fund 765, the Federal State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 595010 and Grant 595010, Auditors Certificate #024585.
Section 8. 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.