Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction easements in, over, under and through to real estate necessary for the Worthington-Galena Road and Worthington Road Improvements project.
Fiscal Impact: Funding for this project is from the Department of Public Service, Division Design and Construction, Streets and Highways G.O. Bonds.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order that the project may meet its deadline.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction easements in, over, under and through real estate necessary the Worthington-Galena Road and Worthington Road Improvements project, to authorize the expenditure of $14,900.00 from the Streets and Highways G.O. Bonds; and to declare an emergency. ($14,900.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Worthington-Galena Road and Worthington Road Improvements project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0041X-2009, on the 4th day of May, 2009, 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 health, peace, property, safety and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction easements in, over, under and through the following described real property, be appropriated for the public purpose of the Worthington-Galena Road and Worthington Road Improvements project, #530086, 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:
1T
GRACE BRETHREN CHURCH
Situated in the State of Ohio, County of Franklin, City of Columbus, being an area located within that original 98.231-acre tract as described in a deed to Grace Brethren Church of Columbus, Ohio, of record in Deed Volume 3752, Page 459, all references herein being to the records of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the intersection of the southerly right-of-way line of Lazelle Road with the westerly right-of-way line of Worthington-Galena Road, said rights-of-way being established as Parcel No. 6 and Parcel No. 4, respectively, of record in Deed Volume 3151, Page 683;
Thence along said westerly right-of-way line the following courses:
1. South 38˚ West, a distance of 215.27 feet to a point;
2. With the arc of a non-tangent curve to the left, having a radius of 999.93 feet, a central angle of 23˚, an arc length of 412.07 feet, the chord of which bears South 29˚ West, a chord distance of 410.05 feet to a point;
3. South 17˚ West, a distance of 82.62 feet to a point located 44.22 feet left of Station 200+00 (all stationing related to a temporary roadway);
Thence through said 98.231-acre tract the following courses:
1. North 02˚ East, a distance of 193.08 feet to a point located 40.00 feet left of Station 202+00;
2. North 26˚ East, a distance of 207.82 feet to a point located 40.00 feet left of Station 204+00;
3. North 06˚ East, a distance of 269.31 feet to a point located 40.00 feet left of Station 207+00;
4. North 24˚ West, a distance of 175.92 feet to a point located 40.00 feet left of Station 209+00;
5. North 68˚ West, a distance of 308.78 feet to a point in the southerly right-of-way line of Lazelle Road located 45.04 feet right of Station 138+00 (Lazelle Road stationing);
Thence along said right-of-way line with the arc of a non-tangent curve to the right, having a radius of 909.93 feet, a central angle of 35˚, an arc length of 571.53 feet, the chord of which bears South 65˚ East, a chord distance of 562.18 feet to a point;
Thence South 41˚ East, continuing along said right-of-way line, a distance of 110.82 feet to the place of beginning and containing 2.078 acres.
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 fixes the value of said fee simple title and lesser interests as follows:
1. 1T Grace Brethen Church $14,900.00
Section 5. That the City Attorney be and 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 City Attorney's Real Estate Division be and is hereby authorized to expend $14,900.00, or so much thereof as may be necessary from the Streets and Highways G.O. Bonds Fund as follows: Project 530086, Department-Division 59-12, O.L. 01/03 Codes 06/6601, OCA Code 590040, AC029417 to pay those costs relative to the acquisition of the additional rights-of-way required for this project.
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.