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 Hard Road Phase C Project.
Fiscal Impact: Funding for this project is from the Federal/State Highway Engineering 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 take full advantage of 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 for the Hard Road Phase C Project, to authorize the expenditure of $20,515.00 from the Federal-State Highway Engineering Fund, and to declare an emergency. ($20,515.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Hard Road Phase C Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 235X-2004, on the 1st day of November, 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, Division of Transportation, 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 Hard Road Phase C Project, #561101, 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 NO. 161-WD
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
WITHOUT LIMITATION ACCESS
(FRA-CR61-4.34, Hard Road Phase C Roadway Improvement)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Section 2, Township 2 North, Range 18 West, United States Military Lands, lying on the north side of Hard Road (County Route 61) east of Linworth Road (County Route 63) and being part of a lot number 12 of Ravens Glen, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 77, Page 85, conveyed to Karen Maccracken by Instrument Number 200206200152922 of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning for reference at a railroad spike found and to be reset upon completion of construction, at the centerline intersection of Hard Road (Station 250+65.86) and the Hidden Hollow Drive centerline, as delineated on the Centerline Plat prepared by URS Corporation for said improvement to Hard Road, on record in the Franklin County Engineer's Office; Thence N 87º 06' 01" W, along the centerline of said Hard Road, a distance of 890.88 feet to Station 241+74.98, thence N 02º 53' 59" E, a distance of 50.00 feet to an iron pin set in the existing northerly Hard Road right-of-way line and the Grantor's southerly line, being the True Point Of Beginning;
Thence N 02º 53' 59" E, through the Grantor's property a distance of 30.00 feet to an iron pin set, being 80.00 feet left of centerline Station 241+74.98;
Thence N 77º 06' 27" E, through the Grantor's property a distance of 86.76 feet to a point of curvature in the westerly Ravens Nest Court right-of-way line, being 103.61 feet left of centerline Station 242+58.47;
Thence along said right-of-way with a curve to the right having a 125.00 feet radius, a length of 30.30 feet, and delta of 13º 53' 11" with a chord that bears S 22º 18' 10" E for a distance of 30.22 feet, to a point of compound curvature, being 76.27 feet left of centerline Station 242+71.34;
Thence along said right-of-way with a curve to the right having a 20.00 feet radius, a length of 37.79 feet, and delta of 108º 15' 33" with a chord that bears S 38º 46' 12" W for a distance of 32.41 feet, to a point of tangent with the northerly Hard Road right-of-way line, being 50.00 feet left of centerline Station 242+52.34;
Thence N 87º 06' 01" W, along the Grantor's southerly line and said Hard Road right-of-way line a distance of 77.36 feet to an iron pin set, being 50.00 feet right of centerline Station 241+74.98; and the True Point Of Beginning; Containing 0.091 acres of land, more or less, of which the present road occupies 0.000 acres, more or less.
This take is from Franklin County Auditor's Parcel 610-224618. Basis of Bearings:
The bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying FCGS 2218 and FCGS 4427, and are based upon Ohio State Plane Coordinate System, South Zone, NAD 83 (1986 Adjustment). The Hard Road centerline survey bearing of S 87º 06' 01" E, as delineated on the Centerline Survey Plat by the Franklin County Engineer's Office was used. This bearing is based on the centerline of Hard Road between railroad spikes found at Station 246+42.66 (at Gatestone Lane), being 0.05 feet right of centerline and Station 250+65.86 (at Hidden Hollow Drive), and correspond to the bearing on said Centerline Plat.
Iron pins will be set upon completion of construction and are ¾-inch diameter rebar, thirty inches long with yellow identification caps with URS.
The above description was prepared by Jay A. Muether, Registered Surveyor Number 7091, on February 26, 2004, from an actual survey performed by URS Corporation for the Hard Road Phase C roadway improvements project. This document was originally issued by Jay A. Muether on 4/23/04 and pre-approved by the Franklin County Engineer's Office on 4/26/04.
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 City of Columbus 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 real property interests to be Twenty Thousand Five Hundred Fifteen Dollars ($20,515.00).
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 the expenditure of $20,515.00, or so much thereof as may be necessary from the Federal-State Highway Engineering Fund, Fund #765; Dept./Div. 59-09; Project No. 561101; OCA Code 561101 and grant 561101; Object Level Three 6601; Auditor Certificate 022713, for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. That for the reasons state 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.