Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Sidewalk Easement at Sunbury & Stelzer Roads 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 has been requested to allow for the immediate filing of certain complaints necessary to appropriate such real property interests identified herein, so that there will be no delay in the aforementioned project, for the preservation of the public health, peace, property, safety, and welfare.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Sidewalk Easement at Sunbury & Stelzer Roads Project, to authorize the expenditure of $115.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($115.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Sidewalk Easement at Sunbury & Stelzer Roads Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 204X-2004, on the 27th day of September, 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 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 permanent easements in, over, under, across and through the following described real property, be appropriated for the public purpose of the Sidewalk Easement at Sunbury & Stelzer Roads Project, Project #540007, 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:
Situated in the State of Ohio, County of Franklin, City of Columbus, Being located in Quarter Township 3 Township 2, Range 17, United States Military Lands and being part of the tract of land as conveyed to AERC Bradford, Inc by deed of record in Instrument Number 199911240293088 , Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Commencing for reference at an iron pin in the Easterly right-of-way line of Sunbury Road at the northwesterly corner of the tract of land as conveyed to Joyce Avenue Church of God by deed of record in Official Record 05688l03, said iron pin also being the southeasterly corner of that 0.711 acre tract as conveyed to the City of Columbus by deed of record in Official Record 21443C19:
Thence North 47°18'53" East a distance of 400.02 feet along the easterly line of the 0.711 acre tract also being the right-of-way line for Sunbury Road to a point also being a point of curvature for the southerly right-of-way line for Stelzer Road and the TRUE point of beginning;
Thence southeasterly along the arc of said curve (Delta =23°34'11", Radius = 20.00 feet) a cord bearing and distance of North 59°2'8" East a distance of 8.08 feet to a point being on the southerly right-of-way line for Stelzer Road and the existing sidewalk easement;
Thence South 43°22'2" East a distance of 12.52 feet along the southerly line of said sidewalk easement to a point;
Thence North 77°18'21" West a distance of 17.20 feet to a point on the easterly right-of-way line for Sunbury Road;
Thence North 47°18'53" East a distance of 1.71 feet along the easterly line of said 0.711 acre tract also being the right-of-way line for Sunbury Road to a point also being a point of curvature for the southerly right-of-way line for Stelzer Road and the TRUE point of beginning and containing .001 acres, more or less;
The Basis of Bearing for this description is the centerline of Morse Road west of Stelzer Road, being North 86°14'49" West as shown of record in Official Record 24271G08, Recorder's Office, Franklin County, Ohio.
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, Ohio, hereby declares the value of the subject real property interests to be One Hundred Fifteen Dollars ($115.00).
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 $115.00, or so much thereof as may be necessary for the Sidewalk Easement at Sunbury & Stelzer Roads Project, Project #540007, from the 704 Fund, OCA Code 644385, Object Level Three 6601, Auditor Certificate No. 022714, 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.