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 Sidewalk Installation Program, COTA Routes Project.
Fiscal Impact:
Funding for this project is from the Department of Public Service, Transportation Division of the Federal State Highway Engineering Fund.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition-related activities previously authorized by the Ohio Department of Transportation to be initiated by the City Attorney's Office, Real Estate Division, as soon as possible so that right-of-way acquisition and utility relocation can be completed and certified to the State of Ohio on or before March 1, 2007, as required by the above-referenced Real Estate Agreement.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Sidewalk Installation Program, COTA Routes Project, to authorize the expenditure of $7,925.00 from the Transportation Division of the Federal State Highway Engineering Fund and to declare an emergency. ($7,925.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Sidewalk Installation Program, COTA Routes Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0048X-2006, on the 3rd day of April, 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 Department of Public Service, Transportation Division, 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 in and to the following described real property, be appropriated for the public purpose of the Sidewalk Installation Program, COTA Routes Project, Project #530790, 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 17-WD
Situated in the State of Ohio, Franklin County, City of Columbus, Lot 5, Section 3, Township 1, Range 18, United States Military Lands and being a part of that 47.308 acre tract as conveyed to The Union Cemetery Association by deeds of record in Deed Volume 675, Page 332, Deed Volume 609, Page 585 and Deed Volume 570, Page 296 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the centerline intersection of Olentangy River Road and Dodridge Street; at Dodridge Street centerline station 156+37.25
Thence North 16° 43' 51" West, a distance of 56.98 feet, along the centerline of said Olentangy River Road, to a point;
Thence North 73° 16' 09" East, a distance of 58.47 feet to an iron pin set on the easterly right-of-way line of Olentangy River Road, 77.23 feet left of Dodridge Street centerline station 156+65.74, and being the TRUE POINT OF BEGINNING;
Thence South 54° 55' 57" East, a distance of 69.99 feet crossing said 47.308 acre tract to an iron pin set on the northerly right-of-way line of Dodridge Street, 42.47 feet left of centerline station 157+17.91;
Thence North 86° 56' 29" West, a distance of 46.00 feet, along said northerly right-of-way line of Dodridge Street, to the intersection with easterly right-of-way line of Olentangy River Road, 41.33 feet left of centerline station 156+83.92;
Thence North 16° 43' 51" West, a distance of 39.42 feet, along the easterly right-of-way line of Olentangy River Road, to the TRUE POINT OF BEGINNING, containing 0.020 acre, more or less.
The above described area is contained within Franklin County Auditor's Permanent Parcel Number 010-103673.
Bearings in the above description are based on a series of GPS observations made by ADR & Associates, Ltd. on March 12, 2003, using the State Plane Coordinate System, Ohio South Zone, NAD83, between the Franklin County Geodetic Survey Control Monuments Clark 1928/1982 and Clark Azimuth having a bearing of North 0° 39' 58" East .
All iron pins set shall be 5/8 inch rebar, 30 inches long and having a red plastic cap reading "City of Columbus Right-of-Way Marker".
Professional Surveyor S-7611
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 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 hereby declares the value of the subject property interests to be Seven Thousand Nine Hundred Twenty Five Dollars $7,925.00.
Section 5. That the City Attorney be and he 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 purpose of paying for said acquisition costs for the Sidewalk Installation Program, COTA Routes project, Project #530790, the City Attorney's Office, Real Estate Division be and hereby is authorized to expend $7,925.00 or so much thereof as may be necessary from Fund 765, the Federal State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 595010 and Grant 595010, Auditors Certificate #024585.
Section 7. That for the reasons stated 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.