EXPLANATION
BACKGROUND:
The City’s Department of Public Service (“DPS”) is engaged in the Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road (PID 530086-100025) Public Improvement Project (“Public Project”). The City is partnering with the City of Westerville, Ohio, an Ohio municipal corporation (“Westerville”), in order to complete the Public Project. The City and Westerville must acquire certain fee simple title and lesser real property interests located in the vicinity of Cleveland Avenue and Schrock Road, Columbus, Ohio 43229 (collectively, “Real Estate”) in order for DPS to complete the Public Project. The Real Estate will be acquired in both the names of the City or Westerville, and the City passed Ordinance Number 0297-2015 on February 9, 2015, authorizing the City Attorney to acquire the Real Estate on behalf of the City and Westerville. Furthermore, the City intends to appropriate the Real Estate in the event the City Attorney is unable to perform either of the following: (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation for the Real Estate. Accordingly, this resolution declares the City’s immediate necessity and intent to appropriate and accept the Real Estate in order for DPS to timely complete the Public Project.
CONTRACT COMPLIANCE №: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allowing the Public Project to be completed without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To declare the immediate necessity and intent to appropriate and accept the fee simple title and lesser real property interests necessary for the Department of Public Service to timely complete the Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road Public Improvement Project; and to declare an emergency. ($0.00)
BODY
WHEREAS, it is the City’s necessity and intent to appropriate and accept the fee simple title and lesser property interests (i.e. Real Estate) being acquired by the City Attorney in order for the Department of Public Service (i.e. DPS) to timely complete the Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road Public Improvement Project (i.e. Public Project);
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 the Real Estate in order to prevent unnecessary delays 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, OHIO:
SECTION 1. Pursuant to the City’s Charter, Columbus City Revised Code, Chapter 909 (1959), Constitution of the state of Ohio, and Ohio Revised Code, Chapter 719, the City declares the immediate necessity and intent to appropriate and accept in the names of the City of Columbus, Ohio, an Ohio municipal corporation (i.e. City), and the City of Westerville, Ohio, an Ohio municipal corporation (i.e. Westerville), as the case may be, for certain the fee simple title and lesser real property interests to the following listed parcels of real property (i. e. Real Estate), which are fully described in their associated exhibits and incorporated into this resolution for reference, in order for the Department of Public Service (i.e. DPS) to timely complete the Arterial Street Rehabilitation - Cleveland Avenue at Schrock Road (PID 530086-100025) Public Improvement Project (i.e. Public Project):
(EXHIBIT) … (PUBLIC PROJECT PARCEL IDENTIFICATION) … (TYPE OF REAL ESTATE) … (GRANTEE’S INFORMATION)
1) 7-WL (Fee Title with limitation of access) Columbus
2) 7-TV (Temporary construction easement) Westerville
3) 7-WD (Fee Title without limitation of access) Columbus
4) 8-WD (Fee Title without limitation of access) Columbus
5) 8-TV1 (Temporary construction easement) Westerville
6) 8-TV2 (Temporary construction easement) Westerville
7) 9-TV (Temporary construction easement) Westerville
8) 9-S (Sewer Utility Easement) Columbus
9) 10-TV (Temporary construction easement) Westerville
10) 10-WL (Fee Title with limitation of access) Columbus
11) 10-WD (Fee Title without limitation of access) Columbus
12) 12-TV (Temporary construction easement) Westerville
13) 12-WD (Fee Title without limitation of access) Columbus
14) 12-S (Sewer Utility Easement) Columbus
15) 13-SH (Standard Highway Easement) Columbus
16) 13-SHV (Standard Highway Easement) Westerville
17) 13-SV1 (Sewer Utility Easement) Westerville
18) 13-SV2 (Sewer Utility Easement) Westerville
19) 13-SV3 (Sewer Utility Easement) Westerville
20) 13-TV1 (Temporary Construction Easement) Westerville
21) 13-TV2 (Temporary Construction Easement) Westerville
22) 13-TV3 (Temporary Construction Easement) Westerville
23) 13-CH (Channel Easement) Columbus
24) 34-WD (Fee Title without limitation of access) Columbus
25) 35-WD (Fee Title without limitation of access) Columbus
26) 35-TV (Temporary Construction Easement) Westerville
27) 36-WD (Fee Title without limitation of access) Columbus
28) 36-TV (Temporary Construction Easement) Westerville
29) 37-WD (Fee Title without limitation of access) Columbus
30) 37-TV (Temporary Construction Easement) Westerville
SECTION 2. The City Attorney is authorized to cause a written notice of this resolution’s adoption to be served in the manner provided by law upon the owner(s), person(s) in possession, or person(s) possessing a real or possible real property interest of record in the Real Estate.
SECTION 3. For the reasons stated in the preamble of this resolution, which are fully incorporated into this resolution as if rewritten, this resolution is declared to be an emergency measure and shall take effect and be in force from and after its adoption and approval by the mayor or ten (10) days after its adoption if the mayor neither approves nor vetoes this resolution.