Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the relocation of certain public street as part of the Gateway Area Revitalization Initiative Project.Fiscal Impact: N/AEmergency Justification: Emergency action is requested to allow the City of Columbus to meet its commitments pursuant to the Economic Development Agreement, the Gateway Area Revitalization Initiative, which includes certain appropriation proceedings, without delay,
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title and lesser interests in and to real estate necessary for the relocation of certain public street as part of the Gateway Area Revitalization Initiative 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 relocation of certain public street as part of the Gateway Area Revitalization Initiative Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 214X-02, on the 13th day of January, 2003, 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 Trade and Development, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, for the 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 fee simple title and lesser interests in and to the following described real property, be appropriated for the public street purposes necessary to the Gateway Area Revitalization Initiative Project, 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;
Parcel 1
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Lots 16 and 17 of Burdell and Linen's Addition as recorded in Plat Book 4, page 124, being a 0.006 acre all out of 0.281 acre tract as conveyed to the Randall Benderson 1993-1 Trust of record in Instrument Number 199806100142870 and Instrument Number 199806100142866, all references are to the Recorder's Office, Franklin County, Ohio and described as follows:
Beginning, for reference, at an iron pin found at southeasterly corner of said 0.281 acre tract and the northeasterly corner of a 0.61 acre tract as conveyed to Taco Bell of America, Inc. by deed of record in Instrument Number 199904260103215;
Thence North 08º 15' 28" West, with the westerly right-of-way line of High Street (66 feet), a distance of 32.11 feet to an iron pin set, at the True Point of Beginning;
Thence crossing said 0.281 acre tract, the following described courses:
North 23º 36' 46" West, a distance of 16.64 feet to an iron pin set;
North 08º 45'07" West, a distance of 49.21 feet to an iron pin set in the southerly right of way line of West Tenth Avenue (60 feet);
Thence South 86º 44'32" East, with said southerly right of way line, a distance of 4.93 feet to an iron pin set at the intersection of said southerly right of way line with the westerly right of way line of said High Street;
Thence South 08º 15'23" East, with said westerly right of way line, a distance of 64.27 feet to the True Point of Beginning, containing 0.006 acre, more or less.
The bearings contained herein are based on the bearing of North 08º 15' 28" West for the centerline of a portion of High Street.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30 inches) long with a plastic plug placed in the top bearing the initials EMHT INC.
EVANS, MECHWART, HAMBLETONM & TILTON, INC.
Jeffrey A. Miller
Registered Surveyor No. 7211
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 Nine Thousand Seven Hundred Ten Dollars. ($9,710.00).
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 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.