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 "Arena West" Roadway Improvements - Neil Avenue project.
Fiscal Impact: It has been determined that Funding for this project will come from the Department of Public Service, Streets and Highways G.O. Bonds Fund.
Emergency Justification: Emergency action is requested to allow appropriation actions to proceed without delay thereby allowing this project to maintain its acquisition schedule.
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 "Arena West" Roadway Improvements - Neil Avenue project, to authorize the expenditure of $57,825.00 from the Public Service Department, Streets and Highways G.O. Bonds Fund; and to declare an emergency. ($57,825.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the "Arena West" Roadway Improvements - Neil Avenue project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0312X-2011, on the 21st day of November, 2011, 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, Division of Design and Construction, 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 peace, property, health and safety; 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 "Arena West" Roadway Improvements - Neil Avenue project, Project 440104-100009, 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 4-T
NEIL ARENA WEST (2701 Dr. E)
0.003 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being across the tract of land conveyed to CSX Transportation, Inc. of record in Official Record 13283G13, and described as follows:
Beginning at the northeasterly corner of said CSX Transportation tract and the southeasterly corner of the tract conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201, also being in the westerly right-of-way line of Neil Avenue (formerly Dennison Avenue);
thence with the easterly line of said CSX Transportation tract and said westerly right-of-way line, the following courses:
South 03° 34' 59" West, a distance of 11.73 feet, to a point; and
South 03° 23' 48" West, a distance of 2.85 feet, to a point;
thence across said CSX Transportation tract, the following courses:
North 87° 09' 14" West, a distance of 7.89 feet, to a point; and
North 03° 23' 49" East, a distance of 14.54 feet, to the northerly line of said CSX Transportation tract;
thence South 87° 24' 40" East, with said northerly line, a distance of 7.92 feet, to the Point of Beginning, containing 0.003 acre, more or less, from Auditor's Parcel Number 010-057573.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250, EJM:sg September 16, 2011
PARCEL 5-WD
NEIL ARENA WEST (2701 Dr. E)
0.029 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being a part of the tract of land conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201, now known as CSX Transportation Inc., successor by merger, Instrument Number 200507210144733 and Instrument Number 200507210144738 (more fully defined by Instrument Number 200711080194030) and part of Lots 1, 2, 3, 4, and 5 as shown on "J.R. Hughes Subdivision" of record in Plat Book 1, Page 299 and part of land shown on "Brecount, Smith and Conover's Northwest Addition" of record in Plat Book 1, Page 250, and described as follows:
Beginning at an iron pin set at a northeasterly corner of said New York Central Lines tract, the intersection of the existing westerly right-of-way line of Neil Avenue (formerly Dennison Avenue) with the southerly right-of-way line of Goodale Connector as shown on the right-of-way plans for FRA-670-1.25 (B-2 & B-3) on file at the Ohio Department of Transportation, District 6, Delaware , Ohio, also known as Vine Street, and in the westerly line of the 11,175.4 square foot tract conveyed to the City of Columbus of record in Deed Book 967, Page 579;
thence with the easterly line of said New York Central Lines tract, said existing westerly right-of-way line, and the westerly line of said 11,175.4 square foot tract, the following courses:
South 03° 23' 48" West, a distance of 87.79 feet, to an iron pin set; and
South 03° 34' 39" West, a distance of 116.03 feet, to an iron pin set;
thence across said New York Central Lines tract, the following courses:
North 86° 29' 52" West, a distance of 1.43 feet, to an iron pin set;
North 03° 30' 08" East, a distance of 72.08 feet, to an iron pin set;
North 02° 13' 01" West, a distance of 118.38 feet, to an iron pin set; and
North 22° 03' 15" West, a distance of 20.85 feet, to an iron pin set in the northerly line of said New York Central Lines tract and said southerly right-of-way line;
thence South 74° 08' 33" East, with said northerly line and said southerly right-of-way line, a distance of 22.75 feet, to the Point of Beginning, containing 0.029 acre, more or less, from Auditor's Parcel Number 010-180602.
Iron pins set, where indicated, are iron rebar, five eighths (5/8) inch diameter, thirty (30) inches long with a plastic plug placed on the top bearing the initials EMHT INC.
All references are to the records of the Recorder's Office, Franklin County, Ohio, unless otherwise noted.
This description was prepared from existing records and actual field surveys performed by EMH&T, Inc.
The bearings shown hereon are based on the same meridian as the north right-of-way line of Nationwide Boulevard, having a bearing of North 82° 18' 16" East, per Ohio State Plane Coordinate System, South Zone (NAD83) 1986 Adjustment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250
PARCEL 5-T
NEIL ARENA WEST (2701 Dr. E)
0.044 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 9, Township 5, Range 22 of the Refugee Lands, being across the tract of land conveyed to New York Central Lines, LLC of record in Instrument Number 200212180325201 and across Lots 1, 2, 3, 4, and 5 as shown on "J.R. Hughes Subdivision" of record in Plat Book 1, Page 299 and across land shown on "Brecount, Smith and Conover's Northwest Addition" of record in Plat Book 1, Page 250, and described as follows:
Beginning, for reference, at an iron pin set at a northeasterly corner of said New York Central Lines tract, the intersection of the existing westerly right-of-way line of Neil Avenue (formerly Dennison Avenue) with the southerly right-of-way line of Goodale Connector as shown on the right-of-way plans for FRA-670-1.25 (B-2 & B-3) on file at the Ohio Department of Transportation, District 6, Delaware , Ohio, also known as Vine Street;
thence North 74° 08' 33" West, with the northerly line of said New York Central Lines tract and said southerly right-of-way line, a distance of 22.75 feet, to an iron pin set;
thence South 22° 03' 15" East, across said New York Central Lines tract with the proposed westerly right-of-way line of Neil Avenue, a distance of 6.12 feet, to the True Point of Beginning;
thence continuing across said New York Central Lines tract with the proposed westerly right-of-way line of Neil Avenue, the following courses:
South 22° 03' 15" East, a distance of 14.73 feet, to an iron pin set;
South 02° 13' 01" East, a distance of 118.38 feet, to an iron pin set;
South 03° 30' 08" West, a distance of 72.08 feet, to an iron pin set;
South 86° 29' 52" East, a distance of 1.43 feet, to an iron pin set in the easterly line of said New York Central Lines tract and said existing westerly right-of-way line;
thence South 03° 34' 59" West, with said easterly line and said existing westerly right-of-way line, a distance of 128.61 feet, to the southeasterly corner of said New York Central Lines tract;
thence North 87° 24' 40" West, with the southerly line of said New York Central Lines tract, a distance of 7.92 feet, to a point;
thence across said New York Central Lines tract, the following courses:
North 03° 23' 49" East, a distance of 31.07 feet, to a point;
North 04° 33' 47" East, a distance of 93.68 feet, to a point;
North 03° 30' 08" East, a distance of 75.82 feet, to a point;
North 02° 13' 01" West, a distance of 131.99 feet, to the True Point of Beginning, containing 0.044 acre, more or less, from Auditor's Parcel Number 010-180602.
Iron pins set, where indicated, are iron rebar, five eighths (5/8) inch diameter, thirty (30) inches long with a plastic plug placed on the top bearing the initials EMHT INC.
All references are to the records of the Recorder's Office, Franklin County, Ohio, unless otherwise noted.
The bearings shown hereon are based on the same meridian as the north right-of-way line of Nationwide Boulevard, having a bearing of North 82° 18' 16" East, per Ohio State Plane Coordinate System, South Zone (NAD83) 1986 Adjustment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250, EJM:sg September 16, 2011
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 declares the value of said fee simple title and /or lesser interests as follows:
1. 5WD CSX Transportation, Inc $38,800.00
2. 5T New York Central Lines, LLC $17,255.00
3. 4T CSX Transportation, Inc. $1,770.00
Section 5. That the City Attorney be and he hereby is authorized to file complaints for appropriation of real property, in the Franklin County Court of Common Pleas, 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 $50,075.00, or so much thereof as may be necessary from the Streets and Highways G.O. Bonds Fund, Dept./Div. 44-01; Project No.440104-100009; OCA Code 741049; Object Level Three 6601, Auditor Certificate: AC032908 (designated by Ordinance #1683-2011), to pay for acquisition costs related to this project's purpose is hereby authorized.
Section 7. That the expenditure of $7,750.00, or so much thereof as may be necessary from the Streets and Highways G.O. Bonds Fund, Dept./Div. 44-01; Project No.440104-100009; OCA Code 741049; Object Level Three 6601, Auditor Certificate: AC033186; (designated by Ordinance #0035-2012); to pay for acquisition costs related to this project's purpose is hereby authorized.
Section 8. That the City Auditor is authorized to make any accounting changes to revise the funding source, and amounts dispersed from those sources for all expenditures, contracts, or contract modifications associated with this ordinance.
Section 9. 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.