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 Phase II 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 for the Morse Road Improvement Project, to authorize the expenditure of $22,379.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($22,379.00).
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. 0033X-2006, on the 3rd day of April 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 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 39 WD (0.019 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 1, Range 18, United States Military Lands, and being part of a 8.954 acre tract described in a deed to Columbus-Morse Rd. BNK Investors, L.L.C. of record in Instrument Number 199812220329592, 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 39 WD being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road and Cleveland Avenue found in a monument box at centerline Sta. 180+49.60;
Thence N 85° 06' 44" W with the centerline of Morse Road, a distance of 465.47 feet to a point being at centerline Station 175+84.13;
Thence S 04° 53' 16" W leaving the centerline of Morse Road at a right angle, a distance of 80.81 feet to a point in the southerly right-of way line of Morse Road, at a northeast corner of said 8.954 acre tract, a northwest corner of a 0.358 acre tract described in a deed to Pallone Enterprises, Inc., of record in Deed Book 3524, Page 659, being 80.81' Right of Station 175+84.13 and being the True Place of Beginning for the parcel described herein;
Thence S 03° 43' 43" W leaving the southerly right-of-way line of Morse Road, along the easterly line of said 8.954 acre tract, the westerly line of said 0.358 acre tract, distance of 6.19 feet to a iron pin set, being 87.00' right of Station 175+84.26;
Thence N 85° 06' 44" W, crossing said 8.954 acre tract, a distance of 267.35 feet to an iron pin set in the southerly right-of-way line of Morse Road, being 87.00' right of Station 173+16.91;
Thence S 86° 26' 24" E, along the southerly right-of-way of Morse Road, the northerly line of said 8.954 acre tract, a distance of 267.29 feet to the True Place of Beginning.
The above described tract contains 0.019 acres of land from Auditor's Parcel # 010-103248.
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 S 0° 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 39 T (0.141 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 1, Township 1, Range 18, United States Military Lands, and being part of a 8.954 acre tract described in a deed to Columbus-Morse Rd. BNK Investors, L.L.C. of record in Instrument Number 199812220329592, 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 39 T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road and Cleveland Avenue found in a monument box at centerline Sta. 180+49.60;
Thence N 85° 06' 44" W with the centerline of Morse Road, a distance of 465.47 feet to a point being at centerline Station 175+84.13;
Thence S 04° 53' 16" W leaving the centerline of Morse Road at a right angle, a distance of 80.81 feet to a point in the southerly right-of way line of Morse Road, at a northeast corner of said 8.954 acre tract, a northwest corner of a 0.358 acre tract described in a deed to Pallone Enterprises, Inc., of record in Deed Book 3524, Page 659, being 80.81' Right of Station 175+84.13;
Thence S 03° 43' 43" W leaving the southerly right-of-way line of Morse Road, along the easterly line of said 8.954 acre tract, the westerly line of said 0.358 acre tract, distance of 6.19 feet to a point, being 87.00' Right of Station 175+84.26 and being the True Place of Beginning for the parcel described herein;
Thence S 03° 43' 43" W, continuing along the easterly line of said 8.954 acre tract, the westerly line of the said 0.358 acre tract, a distance of 8.29 feet to a point, being 95.29' Right of Station 175+84.43;
Thence N 86° 10' 10" W, crossing said 8.954 acre tract, a distance of 526.44 feet to a point in the easterly line of Service Road as described in a plat of National Diversified Corp., Subdivision of record in Plat Book 43, Page 89, being in the westerly line of the said 8.954 acre tract, being 105.00 feet right of centerline Station 170+58.08;
Thence N 03° 32' 20" E, along the easterly line of said Service Road, the westerly line of said 8.954 acre tract, a distance of 12.00 feet to a point at the northwest corner of said 8.954 acre tract, the northeast corner of said Service Road, the southerly right-of-way line of Morse Road, being 93.01' Right of Station 170+57.79;
Thence S 86° 26' 24" E, along the southerly right-of-way line of Morse Road, the northerly line of said 8.954 acre tract, a distance of 259.12 feet to an iron pin set being 87.00' Right of Station 173+16.91;
Thence S 85° 06' 44" E, crossing said 8.954 acre tract, a distance of 267.35 feet to the True Place of Beginning.
The above described tract contains 0.141 acres of land from Auditor's Parcel # 010-103248.
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 S 0° 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
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 fixes the value of said fee simple title and lesser interests as $22,379.00.
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 $22,379.00, 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# AC025198, 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 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.