Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the West Fifth Avenue Underpass Stormwater System Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to immediately begin acquisition and avoid delaying the project and subsequent benefit to the City.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the West Fifth Avenue Underpass Stormwater System Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the West Fifth Avenue Underpass Stormwater System Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0142-2005, on the 24th day of October, 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 Utilities, Division of Sewers and Drains, 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 construction and permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the West Fifth Avenue Underpass Stormwater System Project, #610846, 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:
2T
BP Exploration & Oil, Inc.
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Lot 8, William Neils Heirs Land, and being a strip of land Ten (10.00) feet in width across a part of said lot 8, as shown of record in Plat Book 3, Pages 168 and 169, as conveyed to BP Exploration & Oil, Inc. by deed of record in Instrument Number 199712220173197, all references refer to records of the Recorders Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a point in the southerly right-of-way line (60.00 feet in width) of West Fifth Avenue, being located South 86° 51' 00" East, a distance of 105.00 feet from the Grantor's northwesterly corner;
Thence South 86° 51' 00" East, being along said southerly right-of-way line of West Fifth Avenue, a distance of 50.00 feet to a point;
Thence crossing said Grantors tract the following three (3) courses and distances;
South 3° 09' 00" West, a distance of 10.00 feet to a point;
North 86° 51' 00" West, (being Ten (10.00) feet southerly from and parallel with the southerly right-of-way line of West Fifth Avenue) a distance of 50.00 feet to a point, and
North 3° 09' 00" East, a distance of 10.00 feet to the place of beginning containing 0.0115 acre of land more or less;
The bearings are based on the same meridian as the bearings in Instrument Number 199712220173197 in which the south right-of-way line of West Fifth Avenue has a bearing of North 86° 51' 00" East, Recorder's Office, Franklin County, Ohio.
Dynotec, Inc., James R. Hill, Professional Surveyor 6919
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 the value of the subject real property interests to be Seven Hundred Fifty Dollars ($750.00).
Section 4. 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 5. That for the reasons state in the preamble hereto, 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.