EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Arterial Street Rehabilitation - E. Broad Street Widening Phase I Project (PID 105734) (Project No. P530103-100061) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of East Broad Street from east of I-270 to Outerbelt Street (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1428-2021 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0234X-2022 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of East Broad Street from east of I-270 to Outerbelt Street which will be open to the public without charge.
The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution 0234X-2022. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Funding to acquire the Real Estate is available through the Federal Transportation Grant Fund, Fund Number 7765, pursuant to existing Auditor’s Certificates ACDI001517-10 and ACDI001517-20 with sixty percent of the funding coming from ACDI001517-10 and forty percent of the funding coming from ACDI001517-20.
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay in order to meet the right-of-way clear date of January 6, 2024, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Arterial Street Rehabilitation - E. Broad Street Widening Phase I Project; to authorize an expenditure of $1,429,126.00; and to declare an emergency. ($1,429,126.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial Street Rehabilitation - E. Broad Street Widening Phase I Project (PID 105734) (Project No. P530103-100061) (“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 the public right-of-way of East Broad Street from east of I-270 to Outerbelt Street; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 1428-2021 and the adoption of Resolution Number 0234X-2022, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of the public right-of-way of East Broad Street from east of I-270 to Outerbelt Street which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to meet the right-of-way clear date of January 6, 2024 and to prevent unnecessary delay in completing the Public Project, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Four (4) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0234X-2022 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Arterial Street Rehabilitation - E. Broad Street Widening Phase I Project (PID 105734) (Project No. P530103-100061) (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
Parcel 12WD1, WD2, T1, T2, T3 (FMVE $38,110.00)
Mount Carmel Health Systems
c/o Thomas Luba
Regional Director of Real estate
Mount Carmel Health System
3100 Easton Square Place, Suite 300
Columbus, Ohio 43219
Parcel 13WD, T (FMVE $2,690.00)
Mount Carmel Health Systems
c/o Thomas Luba
Regional Director of Real estate
Mount Carmel Health System
3100 Easton Square Place, Suite 300
Columbus, Ohio 43219
Parcel 14WD, SW, T (FMVE $770,491.00)
Mount Carmel Health Systems
c/o Thomas Luba
Regional Director of Real estate
Mount Carmel Health System
3100 Easton Square Place, Suite 300
Columbus, Ohio 43219
Parcel 16WD, SW, T (FMVE $35,571.00)
Womet Broad Street LLC
P.O. Box 171
Blacklick, Ohio 43004
Parcel 18WD1, WD2, T1, T2 (FMVE $36,702.00)
Columbus East Senior Living, LLC
150 East Broad Street
Columbus, Ohio 43215
Parcel 19WD, SW, T (FMVE $102,764.00)
Hammerhead East Broad, LLC
c/o Bricker Graydon
100 South Third Street
Columbus, Ohio 43215
Attn: Matthew Strayer
and
Parcel 19BS (FMVE $26,171.00)
SRI Operating Company
c/o Becky Travis Real Estate Legal Manager
Three Glenlake Parkway
Atlanta, Georgia 30328
Parcel 20T1, T2 (FMVE $11,270.00)
Wellesley Broad, LLC
2160 Ketterington Tower
Dayton, Ohio 45423
Parcel 21WD, S, T (FMVE $76,142.00)
Kemba Financial Credit Union
c/o Bryan Balemian
555 Officecenter Place
Gahanna, Ohio 43230
Parcel 23WD, S, T (FMVE $118,527.00)
CFA Real Property, LLC
5200 Buffington Road
Atlanta, Georgia 30349
Parcel 24WD, T (FMVE $34,574.00)
Buffalo-6350 EB Associates, LLC
c/o Corporation Service Company, Reg. Agent
3366 Riverside Drive, Suite 103
Upper Arlington, Ohio 43221
Parcel 25WD, T (FMVE $107,519.00)
GCR Retail, LLC
c/o Jaynul Dewani, Reg. Agent
6618 Weston Circle E
Dublin, Ohio 43016
Parcel 30WD, T (FMVE $14,509.00)
Speedway SuperAmerica, LLC
c/o Matthew Rasmussen
3200 Hackberry Road
Irving, Texas 75063
Parcel 31WD, T (FMVE $36,663.00)
AMAMATA LLC
6400 East Broad Street
Columbus, Ohio 43213
Parcel 33WD, T (FMVE $12,558.00)
INDUS Broad Street Hotel LLC
1555 Lennox Town Lane
Columbus, Ohio 43212
Parcel 36WD (FMVE $300.00)
Lifetime Investments Inc./
Leslie Development Co. Inc.
10085 Wellington Boulevard
Powell, Ohio 43065
Parcel 38WD, T (FMVE $2,969.00)
Abdiraghe Abdulaziz, Yusuf Abdirisaq,
Adam Abdirahman, and Elmi Mohamed
P.O. Box 28730
Columbus, Ohio 43228
Parcel 48T (FMVE $1,296.00)
Mount Carmel Health Systems
c/o Thomas Luba
Regional Director of Real estate
Mount Carmel Health System
3100 Easton Square Place, Suite 300
Columbus, Ohio 43219
Parcel 55WD (FMVE $300.00)
National Mortgage Co. of Ohio
Address unknown Notice by Publication dates:
March 13, 2023, March 20, 2023, and March 27, 2023
SECTION 5. That the City Attorney is authorized to file petitions necessary to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way of East Broad Street from east of I-270 to Outerbelt Street and associated appurtenances, which will be open to the public without charge.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Eight Hundred Fifty-Seven Thousand, Four Hundred and Seventy-five and 60/100 U.S. Dollars ($857,475.60), which is sixty percent of the total cost, from existing ACDI001517-10 and Five Hundred Seventy-One Thousand, Six Hundred and Fifty and 40/100 U.S. Dollars ($571,650.40), which is forty percent of the total cost, from ACDI001517-20 for a total expenditure of One Million Four Hundred Twenty-nine Thousand One Hundred Twenty-six and 00/100 U.S. Dollars ($1,429,126.00), or so much as may be needed from existing Auditor’s Certificates ACDI001517-10 and ACDI001517-20.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.