Explanation
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Arterial Street Rehabilitation - Hamilton Road Phase A (FRA CR 103-2.56 - PID # 99852) Project (“Public Project”). The City must acquire certain fee simple title and lesser real property interests located in the vicinity of Hamilton Road between Morse Road and Menerey Lane (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 2939-2017 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0037X-2018 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of real property in the vicinity of Hamilton Road between Morse Road and Menerey Lane which will be open to the public without charge.
The City Attorney, pursuant to Columbus City Code Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolutions 0037X-2018. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Funding to appropriate the Real Estate will be split 80% and 20% from the Federal Transportation Grants Fund, Fund No. 7765 pursuant to existing Auditor’s Certificate ACDI000805-20 and the Streets and Highway Bond Fund, Fund No. 7704 pursuant to existing Auditor’s Certificate ACDI000805-10.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety and welfare.
Title
To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real property interests necessary to timely complete the Arterial Street Rehabilitation - Hamilton Road Phase A Project; and to declare an emergency. ($299,368.00)
Body
WHEREAS, the City intends to make, improve, or repair certain public right-of-way by completing the Arterial Street Rehabilitation - Hamilton Road Phase A (FRA CR 103-2.56 - PID # 99852) Project (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real property interests located in the vicinity of Hamilton Road between Morse Road and Menerey Lane; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 2939-2017 and the adoption of Resolution Number 0037X-2018, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain public right-of-way in the vicinity of Hamilton Road between Morse Road and Menerey Lane which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the fee simple and lesser real property interests associated with the project parcel numbers listed in Section Four (4) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0037X-2018 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Arterial Street Rehabilitation - Hamilton Road Phase A (FRA CR 103-2.56 - PID # 99852) Project (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
18A WD T1 T2 FMVE $207,260.00
CRI Outparcels LLC
250 Civic Center Drive Suite 500
Columbus Ohio 43215
18A BS (tenant)
O’Charley’s Inc.
C/o American Blue Ribbon Holdings
3038 Sidco Drive
Nashville, TN 37204
45 WD T1 T2 FMVE $20,445.00
42 Shangai Realty Corp.
Attn: Herman Gans
16346 Vintage Oaks Lane
Delray Beach Fl 33484
45 BS (tenant)
Walgreens
Attn: Cathy Norman
200 Wilmot Road, MS#2002
Deerfield, IL 60015
51 WD S T FMVE $28,660.00
Barton Investment, LLC
C/o Vorys, Sater, Seymour and Pease LLP
52 East Gay Street
Columbus, Ohio 43215
Panda Express, Inc.
C/o Panda Restaurant Group, Inc
1683 Walnut Grove Avenue
Rosemead, CA 91770
75WD,S, T1 ,T2 FMVE $37,985
POWERCO Credit Union, Inc.
471 Morison Road, Suite M
Columbus, OH 43230
78T FMVE $5,018
JKM Investments, Ltd.
300 W. Wilson Bridge Road, Suite 310
Worthington, OH 43085-2271
SECTION 5. That the City Attorney is authorized to file petitions necessary to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way in the vicinity of Hamilton Avenue and associated appurtenances.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Two Hundred Ninety-Nine Thousand Three Hundred sixty-eight and 00/100 ($299,368.00), or so much as may be needed from existing Auditor’s Certificates ACDI000805-20 and ACDI000805-10.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.