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 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 the acquisition of the parcels necessary for this project to proceed without delay in order to commence construction within this year's construction season.
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 the Morse Road Improvement Project, to authorize the expenditure of $45,430.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($45,430.00).
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 Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 068X-2004, on the 29th day of March, 2004, 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 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 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 28A-WD ( 0.043 Ac.)
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 part of 2.584 acres of land described in a Certificate of Transfer to Anne D. Milano of record in Official Record 33136 B11, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28WD being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at centerline Sta. 105+06.64;
Thence N 84° 52' 20" W with the centerline of Morse Road, a distance of 131.28 feet to a point being at centerline Station 103+75.36;
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 83.11 feet to a point at the southeast corner of said 2.584 acres of land, at the northeast corner of a 0.380 acre tract described in a deed to the City of Columbus, Ohio of record in Deed Book 2655 Page 90, in the northerly right-of-way limits of Morse Road, being 83.11' left of Station 103+75.36 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the southerly line of said 2.584 acres of land, the northerly line of said 0.380 acre tract, the northerly right-of-way limits of Morse Road, a distance of 50.37 feet to an iron pin set, being 81.91' Left of Station 103+25.00;
Thence N 05° 07' 40" E into said 2.584 acres of land, a distance of 38.09 feet to an iron pin set, being 120.00' Left of Station 103+25.00;
Thence S 84° 52' 20" E continuing through said 2.584 acres of land, a distance of 49.66 feet to an iron pin set in the easterly line of said 2.584 acres of land, being 120.00' Left of Station 103+74.66;
Thence S 04° 02' 45" W with the easterly line of said 2.584 acres of land, a distance of 36.90 feet to the True Place of Beginning.
The above described tract contains 0.043 acres of land from Auditor's Parcel # 010-132395.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
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.
JAMES P. VILLACRES
Professional Surveyor No. 7912
PARCEL 28A T (0.099 Ac.)
TEMPORARY CONSTRUCTION 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 part of 2.584 acres of land, described in a Certificate of Transfer to Patrick J. Carter of record in Instrument Number 200311190369967, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28A T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at Sta. 105+06.64;
Thence N 84° 04' 55" with the centerline of Morse Road, a distance of 181.64 feet to a point being at centerline Station 103+25.00
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 81.91 feet to an iron pin set in the southerly line of saids lands of Patrick J. Carter, the northerly right-of-way limits of Morse Road, being 81.91 feet left of Station 103+25.00 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the northerly right-of-way limits of Morse Road a distance of 195.04 feet to a point at the southwest corner of said lands of Patrick J. Carter, the southeast corner of a 0.170 acre tract described in a Certificate of Transfer to Patrick J. Carter et. al. of record in Instrument Number 200311190369969; being 77.28' Left of Station 101+30.02;
Thence N 03° 11' 14" E with the westerly line of said lands of Patrick J. Carter and the easterly line of said 0.170 acre tract, a distance of 11.12 feet to a point, being 88.40' Left of Station 101+29.64;
Thence S 86° 35' 08" E into said lands of Patrick J. Carter, a distance of 120.41 feet to a point, being 92.00' Left of Station 102+50.00;
Thence N 05° 07' 40" E continuing through said lands of Patrick J. Carter, a distance of 28.00 feet to a point, being 120.00' Left of Station 102+50.00;
Thence S 84° 52' 20" E continuing through said lands of Patrick J. Carter, a distance of 75.00 feet to an iron pin set, being 120.00' Left of Station 103+25.00;
Thence S 05° 07' 40" W continuing through said lands of Patrick J. Carter, a distance of 38.09 feet to the True Place of Beginning.
The above described tract contains 0.099 acres from Auditor's Parcel # 010-132395.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
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. JAMES P. VILLACRES, Professional Surveyor No. 7912,
Revised 2/13/04
PARCEL 28 T (0.028 Ac.)
TEMPORARY CONSTRUCTION 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 part of a 0.281 acre tract of land, and a 0.170 acre tract of land, described in Certificates of Transfer to Patrick J. Carter et. al. of record in Instrument numbers 200311190369968 and 200311190369969 respectively, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 28 T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at Sta. 105+06.64;
Thence N 84° 04' 55" with the centerline of Morse Road, a distance of 376.62 feet to a point being at centerline Station 101+30.02;
Thence N 5° 07' 40" E leaving the centerline of Morse Road, a distance of 77.28 feet to a point at the southeast corner of said 0.170 acre tract, at the southwest corner of 2.584 acres of land described in a Certificate of Transfer to Patrick J. Carter of record in Instrument Number 200311190369967, the northerly right-of-way limits of Morse Road, being 77.28 feet left of Station 101+30.02 and being the True Place of Beginning for the parcel described herein;
Thence N 86° 13' 59" W with the northerly right-of-way limits of Morse Road a distance of 113.67 feet to a point at the southwest corner of said lands of Patrick J. Carter et. al., the northwest corner of a 0.147 acre tract in a deed described to City of Columbus, Ohio of record in Deed Book 2655, Page 86; being 74.58' Left of Station 100+16.35;
Thence N 03° 04' 55" E with the westerly line of said lands of Patrick J. Carter et. al. and the easterly line of a 0.280 acre tract of land described in a deed to Michael A. Verhage of record in Official Record 008904 A11, a distance of 10.43 feet to a point, being 85.00' Left of Station 100+16.01;
Thence S 86° 35' 08" E through said lands of Patrick J. Carter et. al., a distance of 113.68 feet to a point in the easterly line of said 0.170 acre tract, in the westerly line of said of 2.584 acres of land, being 88.40' Left of Station 101+29.64;
Thence S 03° 11' 14" W with the easterly line of said 0.170 acre tract, the westerly line of said of 2.584 acres of land, a distance of 11.12 feet to the True Place of Beginning.
The above described tract contains 0.028 acres of land (0.025 acres from Auditor's Parcel 010-132394, 0.003 acres from Auditor's Parcel # 010-100696).
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. JAMES P. VILLACRES, Professional Surveyor No. 7912,
Revised 2/13/04
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 $45,430.00.
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 $45,430.00, or so much thereof as may be necessary for the Morse Road Improvement Project, Project #530052, Dept./Div. 59-09, from the 704 Fund, OCA Code 644385, Object Level Three 6601, Auditor's Certificate No.AC020918, 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.