EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Arterial Street Rehabilitation - SR161 - I71 to Cleveland Avenue Phase I Project (PID 110376) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of the Northland Planning Area (35) (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0486-2021 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0134X-2021 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 Northland Planning Area (35) which will be open to the public without charge.
The City Attorney, pursuant to Columbus City Codes, 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 0134X-2021. 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 Streets and Highways GO Bond Fund, Fund Number 7704 pursuant to existing Auditor’s Certificate ACDI001454-10 and the Streets and Federal Transportation Grants Fund, Fund Number 7765 pursuant to existing Auditor’s Certificate ACDI001454-20 and will be equally divided between the two funds.
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, 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 - SR161 - I71 to Cleveland Avenue Phase I Project; to authorize an expenditures of up to $126,033.50 from existing ACDI001454-10 and $126,033.50 from existing ACDI001454-20; and to declare an emergency. ($252,067.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial Street Rehabilitation - SR161 - I71 to Cleveland Avenue Phase I Project (PID 110376) (“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 Northland Planning Area (35); and
WHEREAS, the City, pursuant to the passage of Ordinance Number 0486-2021 and the adoption of Resolution Number 0134X-2021, 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 Northland Planning Area (35) which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; 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 0134X-2021 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 - SR161 - I71 to Cleveland Avenue Phase I Project (PID 110376) (“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 Codes 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 12-WD, -T FMVE $44,264
Olympic Properties, LLC
c/o Spiros Spantithos, Reg. Agent
952 Circle Drive
Circleville, OH 43113
Parcel 13-WD, -T FMVE $21,608
Dorsten Enterprises, Inc.
c/o Daniel A. Bensman, Esq.
100 S. Main Avenue, Suite 300
Sidney, OH 45365
Parcel 14-WD, -T FMVE $50,711
Huntington National Bank of Columbus
c/o Mark Gearhart
5555 Cleveland Avenue
GW1097
Columbus, OH 43231
Parcel 15-T FMVE $3,660
Speedway SuperAmerica, LLC nka Speedway LLC
c/o CT Corporation System, Reg. Agent
4400 Easton Commons Way, Suite 125
Columbus, OH 43219
Parcel 16-WD, -T FMVE $37,140
Lukie Arkansas Ohio, LLC
c/o Corporation Service Company, Reg. Agent
50 West Broad Street, Suite 1330
Columbus, OH 43215
and
Ohio CVS Stores, L.L.C.
c/o Marja Larson
One CVS Drive, Mail Code 1105
Woonsocket, RI 02895
Parcel 17-WD, -T FMVE $23,451
Gougill, LLC
c/o Barry P. Reich, Reg. Agent
333 North Limestone St.
Springfield, OH 45503
Pcl 19-WD, -T FMVE $8,603
C&O Shopping, LLC
c/o Carlos Garcia, Reg. Agent
2034 Circle Drive
Columbus, OH 43220
Parcel 20-WD, -T FMVE $21,839
Northland Gate Senior Housing Limited Partnership
c/o Matt Bierlein
2245 North Bank Drive
Columbus, OH 43220
and
National Church Residences
2335 North Bank Drive
Columbus, OH 43220
Parcel 21-WD, -T FMVE $20,650
L.L.I.J.M.A.S., LLC
471 Northview Drive
Columbus, Ohio 43229
Parcel 22-WD, -T FMVE $20,141
Athletic Division of Midwest
Development Group, Inc.
7211 Sawmill Road, Suite 200
Columbus, Ohio 43016
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 Northland Planning Area (35) 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 Two Hundred Fifty-two Thousand Sixty-seven 00/100 U.S. Dollars ($252,067.00), or so much as may be needed equally from existing Auditor’s Certificates ACDI001454-10 and ACDI001454-20.
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.