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 Morse Road Improvement Phase II Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow right-of-way acquisition to continue without delay so that the project can stay current with the Transportation Divisions acquisition schedule.
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 Morse Road Improvement Phase II Project, to authorize the expenditure of $26,691.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($26,691.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Morse Road Improvement Phase II Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0033X-2006, on the 3rd day of April, 2006; and Resolution No. 0194X-2006, on the 4th day of December 2006, respectively, 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 Public Service Department, Transportation Division, 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 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 purpose of the Morse Road Improvement Phase II Project, #530052, 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:
PARCEL 5 WD (0.005 Ac.)
MORSE ROAD
WARRANTY DEED
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, Untied States Military Lands, and being a part of a 0.288 acre tract as described in a Quit Claim Deed to Robert G. Caldwell and Ruth Ann Caldwell of record in Official Record 14622 I-17, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said parcel 5 WD being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road at the intersection of Morse Road and Retail Ventures Boulevard found in a monument box at centerline Station 121+18.98;
Thence South 87°30'37" East with the centerline of Morse Road, a distance of 1452.76 feet to centerline Station 135+71.74;
Thence North 2°29'23" East a distance of 69.93 feet to an iron pin found in the existing northerly right-of-way line of Morse Road, being the southwesterly corner of the said 0.288 acre tract, being also the southeasterly corner of a 7.498 acre tract as described in a Deed to Medick-Krieger Ford, Inc. of record in Deed Book 3552, Page 363, being 69.93 feet left of centerline Station 135+71.74 and being the True Place of Beginning for the herein described parcel;
Thence North 3°56'35" East, along the westerly line of the said 0.288 acre tract, along the easterly line of the said 7.498 acre tract a distance of 5.07 feet to an iron pin set in the proposed northerly right-of-way line of Morse Road, being 75.00 feet left of centerline Station 135+71.87;
Thence South 87°30' 37" East, crossing the said 0.288 acre tract along the proposed northerly right-of-way of Morse Road a distance of 84.48 feet to an iron pin set in the existing northerly right-of-way line of Morse Road, being 75.00 feet left of centerline Station 136+56.35;
Thence South 89°03'49" West, along the southerly line of the said 0.288 acre tract, along the existing northerly right-of-way line of Morse Road a distance of 84.76 feet to the True Place of Beginning.
The above described parcel contains 0.005 acres from Auditor's Parcel number 010-024835-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8" x 30" long rebar with plastic cap stamped 7912-ms consultants. JAMES P. VILLACRES
Professional Surveyor No. 7912
PARCEL 5 T (0.119 Ac.)
MORSE ROAD
TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, Untied States Military Lands, and being a part of a 0.288 acre tract as described in a Quit Claim Deed to Robert G. Caldwell and Ruth Ann Caldwell of record in Official Record 14622 I-17, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said temporary construction easement 5 T being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road at the intersection of Morse Road and Retail Ventures Boulevard found in a monument box at centerline Station 121+18.98;
Thence South 87°30'37" East with the centerline of Morse Road, a distance of 1452.89 feet to centerline Station 135+71.87;
Thence North 2°29'23" East a distance of 75.00 feet to an iron pin set in the westerly line of the said 0.288 acre tract, being in the easterly line of a 7.498 acre tract as described in a Deed to Medick-Krieger Ford, Inc. of record in Deed Book 3552, Page 363, being 75.00 feet left of centerline Station 135+71.87, being in the proposed northerly right-of-way line of Morse Road, and being the True Place of Beginning for the herein described temporary construction easement;
Thence North 3°56'35" East, along the westerly line of the said 0.288 acre tract, along the easterly line of the said 7.498 acre tract a distance of 15.00 feet to a point, being 90.00 feet left of centerline Station 135+72.25;
Thence crossing the said 0.288 acre tract by the following two (2) described courses:
- South 87°30' 37" East, a distance of 127.75 feet to an angle point, being 90.00 feet left of centerline Station 137+00.00;
- North 87°48'57" East, a distance of 234.62 feet to a point in the existing westerly right-of-way line of Heaton Road, being 109.12 feet left of centerline Station 139+33.84;
3. 3. 3. 3. Thence South 51°55'23" West, along the southeasterly line of the said 0.288 acre tract, along the existing westerly right-of-way line of Heaton Road a distance of 30.40 feet to a point, being 89.35 feet left of centerline Station 139+10.74;
Thence North 86° 13' 09" West, along the southerly line of the said 0.288 acre tract, along the existing northerly right-of-way line of Morse Road a distance of 10.68 feet to a point, being 89.59 feet left of centerline Station 139+00.07;
Thence South 89°03'49" West, along the southerly line of the said 0.288 acre tract, along the existing northerly right-of-way line of Morse Road a distance of 244.15 feet to an iron pin set, being 75.00 feet left of centerline Station 136+56.35;
Thence North 87° 30' 37" West, crossing the said 0.288 acre tract along the proposed northerly right-of-way line of Morse Road a distance of 84.48 feet to the True Place of Beginning.
The above described parcel contains 0.119 acres from Auditor's Parcel number 010-024835-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8"x30" long rebar with plastic cap stamped 7912-ms consultants. JAMES P. VILLACRES
Parcel 5S1 (0.010 AC.)
Morse Road
Permanent Drainage Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being a part of a 0.288 acre tract as described in a Quit Claim Deed to Robert G. Caldwell and Ruth Ann Caldwell of record in Official Record 14622 I-17, all offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 5S1 being more particularly bounded and described as follows:
Begging for Reference at a 1 inch diameter iron pin centerline monument for Morse Road at the intersection of Morse Road and Retail Ventures Boulevard found in a monument box at centerline Station 121+18.98;
Thence South 87º30'37" East with the centerline of Morse Road, a distance of 1452.89 feet to centerline Station 135+71.87;
Thence North 2º29'23" East a distance of 75.00 feet to an iron pin set in the westerly line of the said 0.288 acre tract, being in the easterly line of a 7.498 acre tract as described in a Deed to Medick-Kreiger Ford, Inc. of record in Deed Book 3552, Page 363, being 75.00 feet left of centerline Station 135+71.87, being in the proposed northerly right of way line of Morse Road, and being the True Place of Beginning for the herein described parcel;
Thence North 3º56'35" East, along the westerly line of the said 0.288 acre tract, along the easterly line of the said 7.498 acre tract a distance of 8.24 feet to a point, being 83.24 feet left of centerline Station 135+72.07;
Thence crossing the said 0.288 acre tract by the following three (3) described courses:
1. South 87°30'37" East, a distance of 52.93 feet to an angle point, being 83.24 feet left of centerline Station 136+25.00;
2. South 2º29'23"West, a distance of 8.24 feet to a point in the proposed northerly right of way line of Morse Road, being 109.12 feet left of centerline Station 139+33.84;
3. Thence North 87º30'37" West crossing the said 0.288 acre tract along the proposed northerly right of way line of Morse Road a distance of 53.13 feet to the True Place of Beginning.
The above described parcel contains 0.010 acres from Auditor's Parcel number 010-024835-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983 (1986), established by a field traverse originating on Franklin County burley control monuments "Clark Azimuth" and between these monuments is S0º39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8"x30" long rebar with plastic cap stamped 7912-ms consultants.
Parcel 5S2 (0.018 Ac)
Morse Road
Permanent Drainage Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being a part of a 0.288 acre tract as described in a Quit Claim Deed to Robert G. Caldwell and Ruth Ann Caldwell of record in Official Record 14622 I-77, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. of the City of Columbus, said temporary construction easement 5S2 being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road at the intersection of Morse Road and Retail Ventures Boulevard found in a monument box at centerline 121+18.98;
Thence South 87º30'37"East with the centerline of Morse Road, a distance of 1452.76 feet to centerline Station 135+71.74;
Thence North 2º29'23"East a distance of 69.93 feet to an iron pin found in the existing northerly right of way line of Morse Road, being the southwesterly corner of the said 0.288 acre tract, being also the southeasterly corner of a 7.498 acre tract as described in a Deed to Medick-Krieger Ford, Inc. of record in Deed Book 3552, Page 363, being 69.93 feet left of centerline Station 135+71.74
Thence North 89º03'49" East, along the southerly line of the said 0.288 acre tract, along the existing northerly right of way line of Morse Road a distance of 128.48 feet to a point being 77.61 feet left of centerline Station 137+00.00 and being the True Place of Beginning for the herein described parcel;
Thence crossing the said 0.288 acre tract by the following four (4) described courses"
1. Thence North 2º29'23" East a distance of 12.39 feet to a point being 90.00 feet left of centerline Station 137+00.00;
2. North 87º48'57" East, a distance of 60.20 feet to an angle point, being 77.61 feet left of centerline Station 137+60.00;
3. South 2º29'23" West, a distance of 13.70 feet to a point in the existing northerly right of way line of Morse Road, being 81.20 feet left of centerline Station 137+60.00
4. Thence South 89º03'49" West, along the southerly line of the said 0.288 acre tract along the existing northerly right of way line of Morse Road a distance of 60.11 feet to the True Place of Beginning.
The above described parcel contains 0.018 acres from Auditor's parcel 010-024835-00.
The bearings for this description are based on the Ohio State Plane Coordinate System South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth" and "Clark 1928 1982", located along Karl Road, south of Morse Road. The bearing between these monuments is S0º39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8"x30" long rebar with plastic cap stamped 7912-ms consultants.
Section 2. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Morse Road Improvement Phase II Project, #530052, 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:
PARCEL 13 WD (0.007 Ac.)
MORSE ROAD
WARRANTY DEED
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, Untied States Military Lands, and being a part of Lot 30 in the Suburban Homesite Company's Allotment of 21.75 acres in Lot 4 Subdivision 16, southeast corner, Sharon Township, Franklin County, Ohio as numbered and delineated in Plat Book 17 Pages 8, 9, and 10 and as described in a General Warranty Deed to Victoria Delfino, Trustee et. al. of record in Instrument Number 200407150164735, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said parcel 13 WD being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road found in a monument box at centerline Station 168+84.33;
Thence South 85°06'44" East with the centerline of Morse Road, a distance of 868.09 feet to a point at centerline Station 177+52.42;
Thence North 4°53'16" East a distance of 68.13 feet to a point in the westerly line of the said Lot 30, being in the existing northerly right-of-way line of Morse Road, being 68.13 feet left of centerline Station 177+52.42, and being the True Place of Beginning for the herein described parcel;
Thence North 3°56'11" East, along a westerly line of the said Lot 30, a distance of 6.87 feet to an iron pin set, being 75.00 feet left of centerline Station 177+52.22;
Thence South 85°06'44" East, crossing the said Lot 30 along the proposed northerly right-of-way line of Morse Road a distance of 46.52 feet to an iron pin set in the easterly line of the said Lot 30, being 75.00 feet left of centerline Station 177+98.74;
Thence South 3°56'11" West, along an easterly line of the said Lot 30, a distance of 5.79 feet to a point, being 69.21 feet left of centerline Station 177+98.92;
Thence North 86°26'24" West, along the existing northerly right-of-way line of Morse Road a distance of 46.51 feet to the True Place of Beginning.
The above described parcel contains 0.007 acres from Auditor's Parcel number 010-104713-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8"x30" long rebar with plastic cap stamped 7912-ms consultants. JAMES P. VILLACRES
Professional Surveyor No. 7912
PARCEL 13 T (0.014 Ac.)
MORSE ROAD
TEMPORARY CONSTRUCTION EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, Untied States Military Lands, and being a part of Lot 30 in the Suburban Homesite Company's Allotment of 21.75 acres in Lot 4 Subdivision 16, southeast corner, Sharon Township, Franklin County, Ohio as numbered and delineated in Plat Book 17 Pages 8, 9, and 10 described in a General Warranty Deed to Victoria Delfino, Trustee, et. al. of record Instrument Number 200407150164735, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said temporary construction easement 13 T being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road found in a monument box at centerline Station 168+84.33;
Thence South 85°06'44" East with the centerline of Morse Road, a distance of 867.89 feet to a point at centerline Station 177+52.22;
Thence North 4°53'16" East a distance of 75.00 feet to an iron pin set in a westerly line of the said Lot 30, being 75.00 feet left of centerline Station 177+52.22, and being the True Place of Beginning for the herein described temporary construction easement;
Thence North 3°56'11" East, along a westerly line of the said Lot 30, a distance of 12.08 feet to a point, being 87.08 feet left of centerline Station 177+52.09;
Thence South 86°25'49" East, crossing the said portion of Lot 30 a distance of 46.51 feet to a point in the easterly line of the said Lot 30, being 88.15 feet left of centerline Station 177+98.59;
Thence South 3°56'11" West, along an easterly line of the said Lot 30, a distance of 13.15 feet to an iron pin set, being 75.00 feet left of centerline Station 177+98.74;
Thence North 85°06'44" West, crossing the said Lot 30 along the proposed northerly right-of-way line of Morse Road a distance of 46.52 feet to the True Place of Beginning.
The above described temporary construction easement contains 0.014 acres from Auditor's Parcel number 010-104713-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. Iron pins set are 5/8"x30" long rebar with plastic cap stamped 7912-ms consultants. JAMES P. VILLACRES, Professional Surveyor No. 7912
Section 3. 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 4. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 5. That the Council of the City of Columbus hereby fixes the value of said fee simple title and lesser interests as follows:
1. 5WD, T, S1, S2 $16,270.00
2. 13WD, T $10,421.00
Section 6. 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 7. That the expenditure of $26,691.00, or so much thereof as may be necessary for the Morse Road Improvement Phase II Project, #530052, from the 1995, 1999 Voted Street and Highways Fund, Dept./Div. 59-09, Fund #704, OCA Code 644385, Minor Object Level Three 6601, Auditor Certificate No. 025198, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 8. 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.