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 $3,800.00 from the Federal-State Highway Engineering Fund, and to declare an emergency. ($3,800.00).
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. 0056X-2005, on the 18th day of April, 2005, 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 Transportation, 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 193CH (revised 3-29-05)
FRA-CR61-4.34
PERPETUAL EASEMENT TO CONSTRUCT AND MAINTAIN A CHANNEL
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 State Route 315, north of Mason Place, and being part of the part of the property conveyed to John W. Hill Jr. by Instrument Number 199710160121104, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a point at the Grantor's northeast corner and the southeast corner of property conveyed to See Smiley Properties, LLC by Instrument Number 200312010381807, said point being 50.90 feet left of centerline construction State Route 315 Station 123+53.73 and on the westerly right-of-way line of State Route 315, said point also being the TRUE POINT OF BEGINNING;
Thence S 17º 30' 20" E, along the Grantor's easterly line and the State Route 315 westerly right-of-way line, a distance of 15.00 feet to a point being 51.14 feet left of centerline construction State Route 315 Station 123+38.96;
Thence S 70º 48' 11" W, a distance of 19.60 feet, through the Grantor's property, to a point being 70.73 feet left of centerline construction State Route 315 Station 123+38.75;
Thence N 17º 30' 20" W, through the Grantor's property, a distance of 15.00 feet, to a point on the Grantor's northerly property line and on the southerly property line of the aforementioned See Smiley property, said point being 70.49 feet left of said centerline construction Station 123+53.44;
Thence N 70º 48' 11" E, a distance of 19.60 feet, along the Grantor's northerly property line and the southerly property line of the See Smiley property, to the TRUE POINT OF BEGINNING;
Containing 0.007 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 610-101451.
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.
Jay A. Muether Date, Ohio Registered Surveyor S-7091
PARCEL 193T (revised 3-29-05)
FRA-CR61-4.34
TEMPORARY EASEMENT
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 State Route 315, north of Mason Place, and being part of the part of the property conveyed to John W. Hill Jr. by Instrument Number 199710160121104, of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for Reference at a point at the Grantor's southeast corner and the northeast corner of property conveyed to Ravines at Worthingridge Condominium I Homeowner's Association, by Official Record 4931 H12, said point being 56.86 feet left of centerline construction State Route 315 Station 121+77.53 and on the westerly right-of-way line of State Route 315, said point also being the TRUE POINT OF BEGINNING;
Thence N 76º 13' 01" W, along the Grantor's southerly line and the northerly line of said Condominium property, a distance of 22.92 feet, to a point being 75.96 feet left of centerline construction State Route 315 Station 121+80.21;
Thence N 17º 30' 23" W, through the Grantor's property, a distance of 150.15 feet, to a point being 70.73 feet left of said centerline construction Station 123+38.75;
Thence N 70º 48' 11" E, a distance of 19.60 feet, through the Grantor's property, to a point on the Grantor's east property line and the State Route 315 westerly right-of-way line, being 51.14 feet left of said centerline construction Station 123+38.96;
Thence S 17º 30' 20" E, along the Grantor's easterly line and the State Route 315 westerly right-of-way line, a distance of 162.63 feet, to the Grantor's southeast corner and the TRUE POINT OF BEGINNING;
Containing 0.070 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 610-101451.
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 March 14, 2005 from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project.
Jay A. Muether Date, Ohio Registered Surveyor S-7091
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 the subject real property interests to be Three Thousand Eight Hundred Dollars ($3,800.00).
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 $3,800.00, 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 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.