EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Roadway - W. Fulton Street - Short Street to Second Street Project (P531027-100000) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of W. Fulton Street - Short Street to Second Street (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City Council passed Ordinance Number 3346-2022 authorizing the City Attorney to negotiate with property owners to acquire the additional rights of way necessary to complete the Public Project, to acquire fee simple title and lesser interest in and to the Real Estate, and contract for professional services related to the acquisition of the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (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.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Not applicable.
EMERGENCY JUSTIFICATION: Not applicable.
TITLE
To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Roadway - W. Fulton Street - Short Street to Second Street Project; ($0.00)
BODY
WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Service (“DPS”) to engage in the Roadway - W. Fulton Street - Short Street to Second Street Project (P531027-100000) (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of W. Fulton Street - Short Street to Second Street (“Real Estate”) in order to complete the Public Project; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of public right-of-way and associated appurtenances which will be open to the public without charge; and
WHEREAS, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (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; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City, pursuant to the City’s Charter, Columbus City Codes, Chapter 909 (1959), Constitution of the State of Ohio, and Ohio Revised Code, Chapter 719, declares the necessity and intent to appropriate and accept the fee simple title and lesser real estate to the following listed parcels (“Real Estate”), which are fully described in their associated exhibits and incorporated into this resolution by reference, in order for the Department of Public Service (“DPS”) to complete the Roadway - W. Fulton Street - Short Street to Second Street Project (P531027-100000) (“Public Project”).
(Exhibit) … (Public Project Parcel Identification) … (Real Estate)
1) 02-SH (Perpetual Highway Easement Without Limitation of Access)
2) 02-T (18 Month Temporary Easement)
3) 03-SH (Perpetual Highway Easement Without Limitation of Access)
4) 03-T (18 Month Temporary Easement)
SECTION 2. That 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. That the Real Estate’s acquisition will help make, improve, or repair certain portions of public right-of-way and associated appurtenances which will be open to the public without charge.
SECTION 4. That this resolution shall take effect and be in full force and effect from and after the earliest period allowed by law.