Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the Riverview Drive Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999, 2004 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition-related activities to continue so construction of the proposed improvement project can proceed without delay.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary the Riverview Drive Improvement Project, to authorize the expenditure of $11,793.00 from the 1995, 1999, 2004 Voted Streets and Highways Fund Fund, and to declare an emergency. ($11,793.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Riverview Drive Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0144X-2006, on the 11th day of September, 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 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 fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Riverview Drive Improvement Project, #530161, 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 19WD
RIVERVIEW DRIVE
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of a 0.509 acre tract in Section 3, Township I,Range 18, United States Military Lands, and being part of Lot No.3 of Exhibit "A" of an amicable partition made among the heirs of Henry T. Slyh, deceased, as the same is shown of record in Plat Book 5, Page 238, Franklin County, Ohio recorders office, and also being part of FI'tlIlk P. Colwells Riverview Parcels an unrecorded plat delineated in Plat Book 12, Page 38, Auditors Office, Franklin County, Ohio, now known as Lot No. 72, and described as follows:
Commencing at the intersection of Rivervi.ew Drive and Olentangy River Road, Station 39+38.99 centerline of survey of Riverview Drive, which equals Station 121+20.80 centerline of survey Olentangy River Road;
Thence along the centerline of Riverview Drive North 86°24'37" West a distance of 113.50 feet to a point Station 38+25.49 in the centerline of survey of Riverview Drive;
Thence North 03°35'23" East a distance of25.00 feet to a point in the grantor's southerly line and the northerly line of Riverview Drive, 25.00 feet left of Station 38+25.49 centerline of survey of Riverview Drive, said point being the TRUE POINT OF BEGINNING;
Thence North 77°46' 13" East a distance of 52.43 feet to a point in the westerly right of way line of Olentangy River Road, said point being 39.29 feet left of Station 38+75.93 centerline of survey of Riverview Drive;
Thence along the existing westerly right of way line of Olentangy River Road North 14°04'43" West a distance of 55.25 feet to a point in the grantors northerly line and the southerly line of an 0.887 acre tract conveyed to Magna National Realty, LLC by instrument of record 199912270315295 Franklin County Recorders office and being 48.58 feet left of Station 122+32.44 centerline of survey of Olentangy River Road;
Thence alOng the grantor's northerly line, the southerly line of said Magna National Realty, LLC, South 86°33'25" East a distance of 49.67 feet to the grantors northeasterly comer and in the original centerline of Olentangy River Road and in the westerly line of a 7.580 acre tract conveyed to River Road Hotel Corp. by instrument of record 12376B20 Franklin County, Ohio Recorders office said point bei~g 1.16 feet left of Station 122+ 17.67 centerline of survey Olentangy River Road;
Thence along the grantors easterly line, the westerly line of said River Road Hotel Corp., and the original centerline of Olentangy River Road, South 15°53'37" East a distance of
71.14 feet to the grantors southeasterly corner, said point being in the extension of the northerly right of line of Riverview Drive 25.00 feet left of Station 39+32.56 centerline of survey Riverview Drive;
Thence along the grantors southerly line and the northerly right of way line of Riverview Drive, North 86°24'37" West a distance of 107.07 feet to the TRUE POINT OF BEGINNING containing 0.087 acres more or less of which 0.078 acres are occupied by the present road leaving a net take of 0.009 acres more or less out of Auditors Pareel No. 010-117372
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
Said Stations stipulated in the plans for Riverview Drive and Olentangy River Road on file with the City of Columbus.
Grantor claims title by instrument of record in Deed Book 3333, Page 539, Franklin County Recorders Office.
PARCEL 19T
RIVERVIE\V DRIVE
Situated in the County of Franklin, State of Ohio, City of Columbus and bounded and described as follows:
Being part of Lot No. 72 in the Frank P. Colwells Riverview Parcels, an unrecorded plat which can be found in the Auditors Office, Franklin County, Ohio, Auditors Plat Book 12 Page 36.
Beginning at the grantor's southwesterly comer, the southwesterly corner of Lot No. 72, and in the northerly line of Riverview Drive, 25.00 feet left of Station 36+04.73 centerline of survey of Riverview Drive;
Thence along the grantor's westerly line and the westerly line of Lot No. 72. North 15°34'22" West a distance of 15.88 feet to a point 40.00 feet left of Station 35+99.52 centerline of survey of Riverview Drive;
Thence South 86°24'37" East a distance of 172.48 feet to a point 40.00 feet left of Station 37+72.00 in the centerline of survey of Riverview Drive;
Thence South 89°50'38" East a distance of 50.09 feet to a point 43.00 feet left of Station 38+ 22.00 centerline of survey of Riverview Drive:
Thence South 86°24'37" East a distance of 52.75 feet to a point in the westerly right of way line of Olentangy River Road, said point being 43.00 feet left of Station 38+74.75 centerline of suntey of Riverview Drive;
Thence along the said westerly right oC-way line, South 14°04'43" East a distance of3.89 feet to a point 39.29 feet left of Station 38+75.93 centerline of survey of Riverview Drive;
Thence South 27°46' 13" West a distance of 52.43 feet to a point in the grantors southerly line and the northerly line of Riverview Drive 25.00 feet left of Station 38+25.49 centerline of survey of Riverview Drive;
Thence along the grantor's southerly line, the southerly line of Lot No. 72, and the northerly line of Riverview Drive, North 86°24' 3 T' West a distance of 220.75 feet to the point of beginning containing 0.091 acres more or less.
Bearings are based on NAD 83 Ohio South Zone.
This description is based on a survey made by Eriksson Engineering Limited for the City of Columbus in 2000, William G. Young, Registered Surveyor No. 6109.
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 hereby fixes the value of said fee simple title and lesser interests (19WD, 19T) as $11,793.00.
Section 5 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 6 That the expenditure of $11,793.00, or so much thereof as may be necessary for the Riverview Drive Improvement Project, Project #530161, from the 1995, 1999, 2004, Voted Streets and Highways Fund, Fund #704, OCA Code 644385, Object Level Three 6601, Dept. No. 59-09, Auditor's Certificate No. 025724 ($10,856.40), and $936.60 previously unencumbered within the same Project #530161, 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 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.