Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary for the Lockbourne Road Roadway Improvement Project. The project will widen Lockbourne Rd between Groveport Rd to SR 104 from 2 to 3 lanes and add curb and sidewalk.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division 1995, 1999 Voted Streets and Highways Fund.
Emergency action is requested to allow right-of-way acquisition-related activities to begin without delay so that construction can begin as currently scheduled.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction easements in and to real estate necessary to the Lockbourne Road Roadway Improvement Project, to authorize the expenditure of $92.00 from 1995, 1999 Voted Streets and Highways Fund; and to declare an emergency ($92.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Lockbourne Road Roadway Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0193X-2006, on the 4th day of December, 2006, 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, 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 peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction easements in and to the following described real property, be appropriated for the public purpose of the Lockbourne Road Roadway Improvement Project, #530103, 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 Code (1959), Chapter 909:
PARCEL NO. 36T
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and being part of Parcel No. 2 of an unrecorded plat of Allen E. McDowell's Greenhill Acres No. 2, owned by James R. Burchfield as recorded in Official Record 00848, Page G03, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the left side of the proposed centerline of construction of Faber Avenue as shown in plans for Lockbourne Road C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at the Grantor's southwest property corner and the southwest corner of said Parcel No. 2, and also being on the northerly right of way line of Faber Avenue, as recorded Plat Book 22, Page 81, Recorder's Office, Franklin County, Ohio, and being 23.71 feet left of station 3+68.44 of the proposed centerline of construction of Faber Avenue and being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence along the Grantor's westerly property line, North 03 degrees 56 minutes 56 seconds East, a distance of 10.00 feet to a point on the proposed temporary right of way line and being 33.71 feet left of station 3+68.39 of the proposed centerline of construction of Faber Avenue;
Thence, South 85 degrees 50 minutes 04 seconds East, a distance of 60.00 feet to a point on the Grantor's easterly property line and on the easterly line of Parcel No. 2 and being 33.76 feet left of station 4+29.39 of the proposed centerline of construction of Faber Avenue;
Thence along said property line, South 03 degrees 56 minutes 56 seconds West, a distance of 10.00 feet to a point on the Grantor's Southeast property corner and southeasterly corner of said Parcel No. 2 and on the northerly right of way line of Faber Avenue and being 23.76 feet left of station 4+28.44 of the proposed centerline of construction of Faber Avenue;
Thence along said right of way line, North 85 degrees 50 minutes 04 seconds West, a distance of 60.00 feet to the TRUE POINT OF BEGINNING and containing 0.014 acres, more or less.
The above take area is from Auditor's Parcel Number 010-113437, which contains 0.328 acres, which present road occupies (P.R.O.) 0.00 acres more or less.
Michael D. Weeks, Professional Surveyor No. 7357.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
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, Ohio, 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, Ohio, hereby declares the value of the subject real property interests to be Ninety Two Dollars ($92.00).
Section 5. 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 6. That the expenditure of $92.00, or so much thereof as may be necessary for the Lockbourne Road Roadway Improvement Project, Project #530103, from the 1995, 1999 Voted Streets and Highways Fund, Fund# 704, OCA Code 644385, Object Level Three 6601, Auditors Certificate No. AC 022711, for the appropriation of said real property interests determined to be necessary for the stated public 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.