Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Oakland Park Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999 Voted Streets and Highways Fund, Department
Emergency Justification: Emergency action is requested to allow for the immediate acquisition of the necessary parcels for this project as not to delay the Division of Transportation's construction schedule.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary to the Oakland Park Improvement Project, to authorize the expenditure of $10,230.00 from the 1995, 1999 Voted Streets and Highways Fund; and to declare an emergency. ($10,230.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Oakland Park Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0187X-2006, on the 4th day of December, 2006, 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 Public Service Department, Transportation Division,, in that it is necessary to appropriate such real property interests so that there will be no delay in the 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 Oakland Park Improvement Project, # 440005, 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 Code (1959), Chapter 909:
10WD
Situate in Quarter Township I, Township I, Range 18, United States Military Lands, City of Columbus, County of Franklin, State of Ohio, and being part of a 0.562 acre tract of land as conveyed to Oasis Properties Condominium Owners' Association by deed as recorded in Inst. No. 200312120393604 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorders Office, unless noted otherwise) and being more particularly bounded and described as follows:
Commencing for reference at a spike found at the intersection of the centerline of Oakland Park Avenue with the centerline of Reis Avenue;
Thence along the centerline of said Reis Avenue South four degrees twenty minutes twenty seconds West (S04°20'20"W) for twenty-five and 00/1 00 feet (25.00') to an iron pin found at the northeast comer of said 0.562 acre tract, said point also being the TRUE POINT OF BEGINNING of the herein described tract;
Thence continuing along the centerline of said Reis Avenue and the east line of said 0.562 acre tract South four degrees twenty minutes twenty seconds West (S04°20'20"W) for eight and 00/1 00 feet (8.00') to an iron pin set;
Thence leaving said centerline and said east line across said 0.562 acre tract North eighty-five degrees thirty-nine minutes forty seconds West (N85°39'40"W) for one hundred forty and 00/1 00 feet (140.00') to an iron pin set on the west line of said 0.562 acre tract;
Thence along the west line of said 0.562 acre tract North four degrees twenty minutes twenty seconds East (N04°20'20"E) for eight and 00/1 00 feet (8.00') to a point at the northwest comer of said 0.562 acre tract;
Thence along the north line of said 0.562 acre tract South eighty-five degrees thirty-nine minutes forty seconds East (S85°39'40"E) for one hundred forty and 00/100 feet (140.00') to the TRUE POINT OF BEGINNING, containing zero and 026/1 000 (0.026) acres, more or less.
This description was prepared from a field survey performed by Woolpert, Inc., in July 2003, with bearings based upon Ohio State Plane Coordinate System, South Zone, NAD83 (CORS). Said bearings originated from said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station network. The portion of the centerline of Oakland Park Avenue having a bearing of South eighty-five degrees thirty-nine minutes forty seconds East (S85°39'40"E) and monumented as described herein, is designated the "basis of bearing" for this survey.
Iron pins set are 5/8" rebar, 30" in length, with a plastic plug placed on top inscribed with the name WOOLPERT", unless otherwise noted. All monuments found are in good condition unless otherwise noted. Previously noted in Resolution 0187-2006, 12-04-06 as 1WD.
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, Ohio, 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, Ohio, hereby declares the value of the subject real property interests to be Ten Thousand Two Hundred Thirty Dollars.
($10,230.00).
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 be and hereby is authorized to expend $10,230.00, or so much thereof as may be necessary from Fund 704, the 1995, 1999 Voted Streets and Highways Fund, Department No. 59-09, Transportation Division, Object Level Code One 06, Object Level Three Code 6601, OCA Code 644385, Auditor's Cert. # 024296 and Project 440005 for this purpose.
Section 7. That for the reasons state 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.