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 begin construction in early 2006 requiring right-of-way acquisition to be complete by November 1, 2005.
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 $6,900.00 from the Federal-State Highway Engineering Fund, and to declare an emergency. ($6,900.00).
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 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 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 178WD
Description of Additional Right-of-Way for the Hard Road Phase C Roadway Improvements.
Situated in the State of Ohio, County of Franklin, Township of Sharon, 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 (County Route 63) and being part of the property conveyed to Phyllis A. James Tr. and George L. James Tr. by Official Record 34386 C11 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 S 87º 06' 01" E, along the centerline of said Hard Road, a distance of 136.53 feet to the Grantor's southwest corner at Station 252+02.39, being the TRUE POINT OF BEGINNING;
Thence N 00º 37' 01" W, along the Grantor's westerly line a distance of 30.05 feet to the existing Hard Road northerly right-of-way line, being 30.00 feet left of centerline Station 252+00.55;
Thence S 87º 06' 01" E, along the said right-of-way line a distance of 163.14 feet to a point in the Grantor's easterly line and the westerly line of the property conveyed to Phyllis A. James Tr. and George L. James Tr. (fee) and Barbara I. Bowers (land contract) by Official Record 34386 C08 and Instument Number 200106120132238, being 30.00 feet left of centerline Station 253+63.68;
Thence S 03º 56' 13" W, along said the Grantor's easterly line and said westerly line a distance of 30.00 feet, to the centerline of Hard Road, being 0.00 feet left of centerline Station 253+63.14;
Thence N 87º 06' 01" W, along the Grantor's southerly line and said centerline a distance of 160.75 feet, to the Grantor's southwest corner, being 0.00 feet left of centerline Station 252+02.39; and the TRUE POINT OF BEGINNING;
Containing 0.112 acres of land, more or less, of which the present road occupies 0.112 acres, more or less. This take is from Franklin County Auditor's Parcel 250-006928.
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
PARCEL 178T
10-14-05. Revised
Situated in the State of Ohio, County of Franklin, Township of Sharon, 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 (County Route 63) and conveyed to Phyllis A. James Tr. and George L. James Tr., by Official Record 34386 page C11 and Land Contract with Barbara I. Bowers by Instrument Number 200106120132238 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 S 87º 06' 01" E, along the centerline of said Hard Road, a distance of 136.53 feet to the Grantor's southwest corner at Station 252+02.39, thence N 00º 37' 01" W, along the Grantor's westerly line a distance of 30.00 feet being left of centerline Station 252+00.55, being the TRUE POINT OF BEGINNING;
Thence N 00º 37' 01" W, along the Grantor's westerly line and the easterly line of Hidden Hollow Estates, a distance of 125.24 feet to a point, being 155.00 feet left of centerline Station 251+92.86;
Thence S 87º 06' 01" E, through the Grantor's property a distance of 60.64 feet to a point, being 155.00 feet left of centerline Station 252+53.50;
Thence S 02º 53' 59" W, through the Grantor's property a distance of 125.00 feet to a point, in the Hard Road northerly right-of-way, being 30.00 feet left of centerline Station 252+53.50;
Thence N 87º 06' 01" W, along Hard Road northerly right-of-way line a distance of 52.96 feet, a corner in the said right-of-way line, being 30.00 feet left of centerline Station 252+00.55; and the TRUE POINT OF BEGINNING;
Containing 0.163 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 250-006928.
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.
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 said fee simple title and lesser interests as follows:
1. 178WD, 178T $6,900.00
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 $6,900.00, or so much thereof as may be necessary be and hereby is authorized to be expended from Fund 765, the Federal-State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 561101 and Project 561101, Auditor Certificate Number 024754, 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.