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 Hard Road Phase C Project.
Fiscal Impact: Funding for this project is from the Federal/State Highway Engineering Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order begin construction in early 2006 requiring right-of-way acquisition to be complete by November 1, 2005.
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 for the Hard Road Phase C Project, to authorize the expenditure of $30,850.00 from the Federal-State Highway Engineering Fund, and to declare an emergency. ($30,850.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Hard Road Phase C Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 235X-2004, on the 1st day of November, 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 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 Hard Road Phase C Project, #561101, 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 187WD
Description of Additional Right-of-Way for the Hard Road Phase C Roadway Improvements.
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of Olentangy River Road, north of Hard Road, County Route (County Route 61) and being part of Lot 36 in Northbridge Section Four (4) as the same is numbered and delineated upon the recorded plat therof, of record in Plat Book 54, Page 58, conveyed to Edward A. Pollina by Deed Book 3764 Page 518, Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a railroad spike found and to be reset upon completion of construction, at the point of tangent on the centerline of Olentangy River Road,
Station 30+13.05, as delineated on the Centerline Plat prepared by URS Corporation for said improvement to Hard Road, on record in the Franklin County Engineer's Office;
Thence N 01º 44' 53" W, along the centerline of said Olentangy River Road, a distance of 148.40 feet to a point of intersection, thence N 01º 15' 01" W along the centerline of said Olentangy River Road, a distance of 109.37 feet to a point, thence N 88º 44' 59" W, a distance of 29.61 feet to the Grantor's southeast corner and the westerly right-of-way line of State Route 315, being the TRUE POINT OF BEGINNING;
Thence N 03º 00' 10" W, through the Grantor's property, a distance of 130.43 feet, to an iron pin set in the northerly line of said Lot 36 and the southerly line of Lot 37 conveyed to Edward A. Pollina by Official Record 3716 B03, being 39.18 feet left of centerline construction Olentangy River Road, Station 102+48.48;
Thence S 84º 31' 41" E, along the northerly line of said Lot 36 and the southerly line of said Lot 37, a distance of 10.00 feet, to the Grantor's northeast corner and southeast corner of Lot 37, said corner also being a corner in the westerly right-of-way line of State Route 315, being 29.31 feet left of centerline construction Station 102+46.78;
Thence S 01º 26' 32" W, along the Grantor's easterly line and the westerly right-of-way line of State Route 315, a distance of 91.00 feet, to the Grantor's southeast corner, being 31.96 feet left of centerline construction Station 101+53.35;
Thence S 01º 14' 34" W, along the Grantor's easterly line and the westerly right-of-way line of State Route 315, a distance of 38.34 feet, to the Grantor's southeast corner, being 32.34 feet left of centerline construction Station 101+15.15; and the TRUE POINT OF BEGINNING;
Containing 0.015 acres of land, more or less, of which the present road occupies 0.000 acres, more or less. This take is from Franklin County Auditor's Parcel 610-180237.
Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin County Engineer's Office was used. This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
PARCEL 187T
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of Olentangy River Road, north of Hard Road, County Route (County Route 61) and being part of Lot 36 in Northbridge Section Four (4) as the same is numbered and delineated upon the recorded plat therof, of record in Plat Book 54, Page 58, conveyed to Edward A. Pollina by Deed Book 3764 Page 518, of the Recorder's Office Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a railroad spike found and to be reset upon completion of construction, at the point of tangent on the centerline of Olentangy River Road,
Station 30+13.05, as delineated on the Centerline Plat prepared by URS Corporation for said improvement to Hard Road, on record in the Franklin County Engineer's Office;
Thence N 01º 44' 53" W, along the centerline of said Olentangy River Road, a distance of 148.40 feet to a point of intersection, thence N 01º 15' 01" W along the centerline of said Olentangy River Road, a distance of 109.37 feet to a point, thence N 88º 44' 59" W, a distance of 29.61 feet to the Grantor's southeast corner and the westerly right-of-way line of State Route 315, being the TRUE POINT OF BEGINNING;
Thence N 84º 50' 14" W, along Grantor's southerly line and the northerly line of property conveyed to Heather H. Ness, Tr. and Gary C. Ness, Tr. by Instrument Number 199907300194123, a distance of 20.43 feet, to a point, being 52.72 feet left of centerline construction Olentangy River Road, Station 101+16.72;
Thence N 26º 42' 10" W, through the Grantor's property, a distance of 37.50 feet, being 70.00 feet left of centerline construction Station 101+50.00;
Thence N 01º 01' 44" W, through the Grantor's property, a distance of 98.02 feet, to a point in Grantor's northerly line and the southerly line of Lot 37, conveyed to Edward A. Pollina by Official Record 3716 B03, being 71.00 feet left of centerline construction
Station 102+54.43;
Thence S 84º 31' 42" E, along Grantor's northerly line and the southerly line of said Lot 37, a distance of 32.27 feet, to an iron pin set, being 39.18 feet left of centerline construction
Station 102+48.48;
Thence S 03º 00' 10" E, through the Grantor's property, a distance of 130.43 feet, to the Grantor's southeast corner, being 32.34 feet left of centerline construction Station 101+15.15; and the TRUE POINT OF BEGINNING;
Containing 0.096 acres of land, more or less, of which the present road occupies 0.000 acres, more or less. This take is from Franklin County Auditor's Parcel 610-180237.
Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin County Engineer's Office was used. This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS. The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
Section 2. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Hard Road Phase C Project, #561101, 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 188WD
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of Olentangy River Road, north of Hard Road, County Route (County Route 61) and being part of Lot 37 in Northbridge Section Four (4) as the same is numbered and delineated upon the recorded plat therof, of record in Plat Book 54, Page 58, conveyed to Edward A. Pollina by Official Record 7316 B03, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a railroad spike found and to be reset upon completion of construction, at the point of tangent on the centerline survey of Olentangy River Road, Station 30+13.05, as delineated on the Centerline Plat prepared by URS Corporation for said improvement to Hard Road, on record in the Franklin County Engineer's Office;
Thence N 01º 44' 53" W, along the centerline of said Olentangy River Road, a distance of 148.40 feet to a point of intersection, Station 31+61.45, thence N 01º 15' 01" E, a distance of 148.40 feet the point of tangent, Station 33+09.85, thence S 88º 44' 59" E, perpendicular to the centerline survey, a distance of 2.39 feet to a point on the tangent of the centerline construction, Station 101+53.90, thence N 00º 44' 49" E, along the centerline construction, a distance of 48.88 feet to the point of curvature, Station 102+02.79, thence along a curve to the left having a radius of 573.00 feet, a length of 43.99 feet, a delta of 04º 23' 56" and a chord that bears N 01º 27' 09" W with a distance of 43.98 feet to Station 102+46.78, thence S 86º 20' 53" W, perpendicular to the centerline construction, a distance of 29.31 feet to the Grantor's southeast corner, the northeast corner of Lot 36 conveyed to Edward A. Pollina by Deed Book 3764 Page 518, and the esterly right-of-way line of State Route 315, being the TRUE POINT OF BEGINNING;
Thence N 84º 31' 42" W, along the northerly line of said Lot 36 and the Grantor's southerly line, a distance of 10.00 feet, to iron pin set, being 39.17 feet left of centerline construction Olentangy River Road Station 102+48.48;
Thence N 11º 52' 20" W, through the Grantor's property, a distance of 139.01 feet, to an iron pin set, being a corner, said corner being the Grantor's northeast corner, the southeast corner of Lot 38 conveyed to to Richard Flore by Instrument Number 200107020149142, and a corner in the westerly right-of-way line of State Route 315, being 40.55 feet left of said centerline construction Station 103+98.30;
Thence S 19º 57' 47" E, along the Grantor's easterly line and the westerly right-of-way line of State Route 315, a distance of 115.05 feet, to a corner in the Grantor's easterly line, being 25.99 feet left of centerline construction Station 102+76.90;
Thence S 01º 26' 49" W, along the Grantor's easterly line and the westerly right-of-way line of State Route 315, a distance of 28.86 feet, to the Grantor's southeast corner, being 29.31 feet left of centerline construction Station 102+46.78; and the TRUE POINT OF BEGINNING;
Containing 0.029 acres of land, more or less, of which the present road occupies 0.000 acres, more or less. This take is from Franklin County Auditor's Parcel 610-180238.
Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin County Engineer's Office was used. This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
PARCEL 188T
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the west side of Olentangy River Road, north of Hard Road, County Route (County Route 61) and being part of Lot 37 in Northbridge Section Four (4) as the same is numbered and delineated upon the recorded plat therof, of record in Plat Book 54, Page 58, conveyed to Edward A. Pollina by Official Record 7316 B03, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a railroad spike found and to be reset upon completion of construction, at the point of tangent on the centerline survey of Olentangy River Road, Station 30+13.05, as delineated on the Centerline Plat prepared by URS Corporation for said improvement to Hard Road, on record in the Franklin County Engineer's Office;
Thence N 01º 44' 53" W, along the centerline of said Olentangy River Road, a distance of 148.40 feet to a point of intersection, Station 31+61.45, thence N 01º 15' 01" E, a distance of 148.40 feet the point of tangent, Station 33+09.85, thence S 88º 44' 59" E, perpendicular to the centerline survey, a distance of 2.39 feet to a point on the tangent of the centerline construction, Station 101+53.90, thence N 00º 44' 49" E, along the centerline construction, a distance of 48.88 feet to the point of curvature, Station 102+02.79, thence along a curve to the left having a radius of 573.00 feet, a length of 43.99 feet, a delta of 04º 23' 56" and a chord that bears N 01º 27' 09" W with a distance of 43.98 feet to Station 102+46.78, thence S 86º 20' 53" W, perpendicular to the centerline construction, a distance of 29.31 feet to the Grantor's southeast corner, the northeast corner of Lot 36 conveyed to Edward A. Pollina by Deed Book 3764 Page 518, and the westerly right-of-way line of State Route 315, thence N 84º 31' 42" W, along the Grantor's southerly line and the northerly line of said Lot 36, a distance of 10.00 feet, to iron pin set, being 39.17 feet left of centerline construction Olentangy River Road Station 102+48.48, being the TRUE POINT OF BEGINNING;
Thence N 84º 31' 42" W, along Grantor's southerly line and the northerly line of said Lot 36, a distance of 32.27 feet, to a point, being 71.00 feet left of centerline construction Olentangy River Road, Station 102+54.43;
Thence N 20º 33' 02" E, through the Grantor's property, a distance of 45.83 feet to a point, being 50.00 feet left of centerline construction Station 103+00.00;
Thence N 34º 05' 18" W, through the Grantor's property, a distance of 24.71 feet to a point, being 60.00 feet left of centerline construction Station 103+25.00;
Thence N 13º 58' 24" W, through the Grantor's property, a distance of 44.75 feet to a point, being 60.00 feet left of centerline construction Station 103+75.00;
Thence N 37º 54' 23" W, through the Grantor's property, a distance of 29.41 feet, to a point in Grantor's northerly line and the southerly line of Lot 38, conveyed to Richard Flore by Instrument Number 200107020149142, being 70.00 feet left of centerline construction Station 104+06.20;
Thence N 84º 25' 09" E, along Grantor's northerly line and the southerly line of said Lot 38, a distance of 30.30 feet, to the Grantor's northeast corner, the southeast corner of said Lot 38 and a corner in the State Route 315 westerly right-of-way line, being 40.55 feet left of centerline construction Station 103+98.30;
Thence S 11º 52' 20" E, through the Grantor's property, a distance of 139.01 feet, to a point in the Grantor's southerly line, being 39.18 feet left of centerline construction Station 102+48.48; and the TRUE POINT OF BEGINNING;
Containing 0.056 acres of land, more or less, of which the present road occupies 0.000 acres, more or less. This take is from Franklin County Auditor's Parcel 610-180238.
Basis of Bearings: The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427 and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin County Engineer's Office was used. This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
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 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 said fee simple title and lesser interests as follows::
1. 187WD, T $22,300.00
2. 188WD, T $8,550.00
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 the expenditure of $30,850.00, or so much thereof as may be necessary be and hereby is authorized to be expended 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 561101 and Project 561101, Auditor Certificate Number 024754, for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 8. 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.