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 Henderson Road (S.R. 315 to High Street) Improvement Project.
Fiscal Impact:
Funding for this project is from the Department of Public Service, Transportation Division, 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow rights-of-way acquisition-related activities being undertaken by the City Attorney's Real Estate Division to continue without delay interruption so that construction can begin as currently scheduled.
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 Henderson Road (S.R. 315 to High Street) Improvement Project, to authorize the expenditure of $2,615.00 from the 1995, 1999 Voted Streets and Highways Fund and to declare an emergency. ($2,615.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Henderson Road (S.R. 315 to High Street) Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 230X-2004, on the 18th day of October, 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 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 and lesser interests in and to the following described real property, be appropriated for the public purpose of the Henderson Road (S.R. 315 to High Street) Improvement Project, #530103 (fka 590315), 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 72WD
ROBERT H. LUBBERS & JUDITH R. LUBBERS
HENDERSON ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lot 84 of the Rosemary Addition in Plat Book 15, Page 23 as recorded in the Franklin County Recorders Office, and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of survey of Henderson Road made by the City of Columbus as recorded in Plat Book ___, Page ____ of the records of Franklin County and being located within the following described points in the boundary thereof;
BEGINNING at an existing iron pin found at the Grantor's southwesterly property corner, the southwesterly corner of said Lot 84 and the existing easterly right of way line of Rosemary Parkway 25.00 feet left of Station 51+97.93 Henderson Road;
Thence along the Grantor's westerly property line, the westerly line of said Lot 84 and said right of way line of Rosemary Parkway North 03o50'54" East a distance of 13.00 feet to an iron pin set 38.00 feet left of Station 51+97.93 Henderson Road;
Thence South 86o09'06" East a distance of 6.07 feet to an iron pin set 38.00 feet left of Station 52+04.00 Henderson Road;
Thence South 03o50'54" West a distance of 13.00 feet to an iron pin set on the Grantor's southerly property line and the southerly line of said Lot 84, 25.00 feet left of Station 52+04.00 Henderson Road;
Thence along the Grantor's southerly property line and the southerly line of said Lot 84 North 86o09'06" West a distance of 6.07 feet to THE POINT OF BEGINNING, containing 79 square feet (0.0018 acres).
The above-described area is contained within the Franklin County Auditor's Permanent Parcel Number 010-086703.
Grantor claims title by instrument(s) recorded in Official Record 09655, Page C20 Franklin County Recorder's Office.
The Grantor reserves the right of ingress and egress to and from the residual area.
Said stations being the Station numbers as stipulated in the hereinbefore-mentioned survey and as shown by plans on file in the City of Columbus.
This description is based on a survey for the City of Columbus from 2000-2001 by M-E Companies Inc., and prepared under the direction of Michael P. Lomano, Registered Surveyor No.7711.
Basis of Bearings was determined by GPS observations utilizing Franklin County Engineer's Monuments Astro and Frank72 on March 30, 2000.
Iron pins set are to be 5/8"x30" topped by a plastic cap, stamped M-E Companies S-7711. Michael P. Lomano, P.S. 7711
Date: January 28, 2004
PARCEL 72T
ROBERT H. LUBBERS & JUDITH R. LUBBERS
HENDERSON ROAD
TEMPORARY EASEMENT FOR SEEDING AND GRADING
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lot 84 of the Rosemary Addition in Plat Book 15, Page 23 as recorded in the Franklin County Recorders Office, and being more particularly described as follows;
Being a parcel of land lying on the left side of the centerline of survey of Henderson Road made by the City of Columbus as recorded in Plat Book _____, Page _____ of the records of Franklin County and being located within the following described points in the boundary thereof;
BEGINNING at an iron pin set on the Grantor's southerly property line, the southerly line of said Lot 84 and the proposed right of way line of Rosemary Parkway, 25.00 feet left of Station 52+04.00 Henderson Road;
Thence North 03o50'54" East a distance of 13.00 feet along the proposed right of way line of Rosemary Parkway to an iron pin set 38.00 feet left of Station 52+04.00 Henderson Road;
Thence North 86o09'06" West a distance of 6.07 feet continuing along the proposed right of way of Rosemary Parkway to an iron pin set on the Grantor's westerly property line, the westerly line of said lot 84 and the existing easterly right of way line of Rosemary Parkway 38.00 feet left of Station 51+97.93 Henderson Road;
Thence North 03o50'54" East a distance of 33.00 feet to a point 71.00 feet left of Station 51+97.93 Henderson Road;
Thence South 86o09'06" East a distance of 9.07 feet to a point 71.00 feet left of Station 52+07.00 Henderson Road;
Thence South 03o50'54" West a distance of 34.00 feet to a point 37.00 feet left of Station 52+07.00 Henderson Road;
Thence South 47o27'47" East a distance of 19.22 feet to a point on the Grantor's southerly property line and the southerly line of said Lot 84, 25.00 feet left of Station 52+22.00 Henderson Road;
Thence along the Grantor's southerly property line and the southerly line of said Lot 84, North 86o09'06" West a distance of 18.00 feet to THE POINT OF BEGINNING, containing 428 square feet.
This description is based on a survey for the City of Columbus from 2000 to 2001 by ME Companies, Inc. and prepared under the direction of Michael P. Lomano, Registered Surveyor No. 7711.
Grantor claims title by instrument(s) recorded in Official Record 09655, Page C20 Franklin County Recorder's Office.
Said stations being the Station Numbers as stipulated in the hereinbefore-mentioned survey and as shown by plans on file in the City of Columbus.
Basis of Bearings was determined by GPS observations utilizing Franklin County Engineer's Monuments Astro and Frank72 on March 30, 2000.
This Temporary easement is for the purpose of performing the work necessary for seeding and grading.
PARCEL 72T1
ROBERT H. LUBBERS & JUDITH R. LUBBERS
HENDERSON ROAD
TEMPORARY EASEMENT FOR RECONSTRUCTION OF DRIVE
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lot 84 of the Rosemary Addition in Plat Book 15, Page 23 as recorded in the Franklin County Recorders Office, and being more particularly described as follows;
Being a parcel of land lying on the left side of the centerline of survey of Henderson Road made by the City of Columbus as recorded in Plat Book _____, Page _____ of the records of Franklin County and being located within the following described points in the boundary thereof;
BEGINNING at a point on the Grantor's southerly property line and the southerly line of said Lot 84, 25.00 feet left of Station 52+77.00 Henderson Road;
Thence North 03o50'54" East a distance of 13.00 feet to a point 38.00 feet left of Station 52+77.00 Henderson Road;
Thence South 86o09'06" East a distance of 22.00 feet to a point 38.00 feet left of Station 52+99.00 Henderson Road;
Thence South 03o50'54" West a distance of 13.00 feet to a point on the Grantor's southerly property line and the southerly line of said Lot 84, 25.00 feet left of Station 52+99.00 Henderson Road;
Thence along the Grantor's southerly property line and the southerly line of said Lot 84, North 86o09'06" West a distance of 22.00 feet to THE POINT OF BEGINNING, containing 286 square feet.
This description is based on a survey for the City of Columbus from 2000 to 2001 by ME Companies, Inc. and prepared under the direction of Michael P. Lomano, Registered Surveyor No. 7711.
Grantor claims title by instrument(s) recorded in Official Record 09655, Page C20 Franklin County Recorder's Office.
Said stations being the Station Numbers as stipulated in the hereinbefore mentioned survey and as shown by plans on file in the City of Columbus.
Basis of Bearings was determined by GPS observations utilizing Franklin County Engineer's Monuments Astro and Frank72 on March 30, 2000.
This Temporary easement is for the purpose of performing the work necessary for reconstructing a drive.
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 Columbus, Ohio, 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 as $2,615.00.
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 $2,615.00, or so much thereof as may be necessary from the 1995, 1999 Voted Streets and Highways Fund, Fund #704; Dept./Div.59-09; Project No. 530103; OCA Code 644385; Object Level Three 6601, Auditor's Certificate No. 022710, for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. 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.