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 Operation Safewalks-Deshler Avenue Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Division of Mobility Options, Streets and Highways G.O. Bonds Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay so that the project may be completed in a timely manner.
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 Operation Safewalks-Deshler Avenue Project, to authorize the expenditure of $740.00 from the Streets and Highways G.O. Bonds Fund, and to declare an emergency. ($740.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Operation Safewalks-Deshler Avenue Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0070X-2011, on the 9th day of May, 2011, 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, Division of Design and Construction, 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 Operation Safewalks-Deshler Avenue Project, 590955-100002, 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:
3P
DESCRIPTION OF EASEMENT
For
SIDEWALK PURPOSES
Situated in the State of Ohio, County of Franklin, City of Columbus, also being in half section 32, Township 5 North, Range 22 West, Refugee Lands and being a part of Lot 1 of E J SWERER'S LOCKBOURNE AVE. ADDITION recorded in Plat Book 7, Page 436 and a part of INS. NO. 200901060001393 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being further herein described as follows:
Beginning at the northwest corner of Lot 1, said corner also being THE TRUE PLACE OF BEGINNING of the herein described easement,
Thence, S 85° 48' 04" E along the north line of Lot 1 a distance of 130 feet to the northeast corner of Lot 1,
Thence, S 3° 58' 56" W along the east line of Lot 1 a distance of 5.50 feet to a point,
Thence, N 85° 48' 04" W with a line parallel to and 5.50 feet from the north line of Lot 1 a distance of 130 feet to a point in the west line of Lot 1,
Thence, N 3° 58' 56" E along the west line of Lot 1 a distance of 5.5 feet to THE TRUE PLACE OF BEGINNING, containing 715 Square Feet or 0.016 Acres of land, more or less.
This description was prepared from existing deed and plat records recorded in the Franklin County Recorder's Office.
Basis of bearings is the centerline of DESHLER AVENUE and was established as
S 85° 48' 04" E by adjustment of existing property pins between LOCKBOURNE
AVE. & FAIRWOOD AVE. using RTK GPS observations and is for the determination
of angles only.
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 Seven Hundred Forty Dollars ($740.00).
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 $740.00, or so much thereof as may be necessary for the Operation Safewalks-Deshler Avenue Project, from the Streets and Highways G.O. Bonds Fund, Dept./Div. 59-10, Project 590105-100000, OCA Code 591089, Object Level Three, 6601, Auditor's Certificate No. 027919, 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.