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 Norton Road -Broad to Hall Road Project.
Fiscal Impact: N/A
Justification: Emergency action is requested to allow the Eminent Domain actions to proceed without delay thereby allowing this project to be in compliance with the requirements set forth by the Ohio Department of Transportation.
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 the Norton Road -Broad to Hall Road Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Norton Road -Broad to Hall Road Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 284X-2003, on the 14th day of July, 2003, 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, Division of 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 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 parcels listed in Section 3 hereof, as are fully described in Resolution No. 284X-2003, adopted July 14, 2003, said descriptions being incorporated herein, be appropriated for the public purpose of the Norton Road -Broad to Hall Road Project, #530161 (aka 530865), pursuant to the power and authority granted to the City of Columbus 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 20-WD
Situated in the City of Columbus, County of Franklin, State of Ohio, being located in V.M.S. #1474, and being 0.379 acres out of 5.668 acres, conveyed to Pipers Meadow Condominium Association, Condo Plat Book 11 Page 42, this and all further references being to the records of the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning for reference at monument number 7768 found and to be reset upon completion of construction, at 4.47 feet left of centerline Station 19+87.82 of Norton Road, County Road 3, being the PI of a curve in the said centerline, as delineated on the Centerline Plat prepared by Parsons Brinckerhoff for said improvement to Norton Road, County Road 3, on record in the Franklin County Engineer's Office; Thence North 13 degrees 26 minutes 50 seconds East, 101.30 feet, along the ahead tangent of the said curve to PT Station 20+88.85;
Thence North 13 degrees 26 minutes 50 seconds East along the Proposed centerline of Survey and Construction of Norton Road, County Road 3, a distance of 303.62 feet to the Grantor's Southwest Property Corner, at Station 23+92.48 and being the TRUE POINT OF BEGINNING;
Thence North 13 degrees 26 minutes 50 seconds East, along the Grantor's West property line and along the said centerline, a distance of 330.00 feet to the Grantor's Northwest property corner at Station 27+22.48;
Thence South 75 degrees 40 minutes 08 seconds East, leaving the said Grantor's property line and the said centerline and along the Grantor's North property line and along the South property line of a 4.5180 acre parcel conveyed to The DeRoberts Family Limited Partnership in Instrument Number 200105220112592, a distance of 50.01 feet to the Proposed Right of Way line at 50.00 feet right of Station 27+21.71;
Thence South 13 degrees 26 minutes 50 seconds West, leaving the said Grantor's property line and along the Proposed Right of Way line, a distance of 329.88 feet to the Grantor's South property line and the line between V.M.S. # 9221 and V.M.S. #1474 at 50.00 feet right of Station 23+91.82;
Thence North 75 degrees 48 minutes 19 seconds West, leaving the said Proposed Right of Way line and along the line between V.M.S. # 9221 and V.M.S. #1474, the Grantor's South property line and the North property line of Westbury Village Condominium, Condo No. 2, Condo Plat Book 2 Page 887, a distance of 50.00 feet to the TRUE POINT OF BEGINNING.
The above described area contains 0.379 acres of which the present road occupies 0.303 acres.
This description was prepared in March 2002 by Kerry D. Osborn, Registered Surveyor Number 7326, State of Ohio.
Bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying Franklin County Geodetic Control Monuments and are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 adjustment).
This description based on actual field survey performed by Parsons Brinckerhoff in 1994-1996 for the City of Columbus.
Parcel 20-T
Situated in the City of Columbus, County of Franklin, State of Ohio, being located in V.M.S. #1474, and being 0.033 acres out of 5.668 acres, conveyed to Pipers Meadow Condominium Association, Condo Plat Book 11 Page 42, this and all further references being to the records of the Franklin County Recorder's Office, and being more particularly described as follows:
Beginning for reference at monument number 7768 found and to be reset upon completion of construction, at 4.47 feet left of centerline Station 19+87.82 of Norton Road, County Road 3, being the PI of a curve in the said centerline, as delineated on the Centerline Plat prepared by Parsons Brinckerhoff for said improvement to Norton Road, County Road 3, on record in the Franklin County Engineer's Office; Thence North 13 degrees 26 minutes 50 seconds East, 101.30 feet, along the ahead tangent of the said curve to PT Station 20+88.85;
Thence North 13 degrees 26 minutes 50 seconds East, along the Proposed centerline of Survey and Construction of Norton Road, County Road 3, a distance of 481.15 feet to Station 25+70.00;
Thence South 76 degrees 33 minutes 10 seconds East perpendicular to the said centerline of Norton Road, County Road 3, a distance of 50.00 feet to the Proposed Right of Way line, at 50.00 feet right of Station 25+70.00 and being the TRUE POINT OF BEGINNING;
Thence North 13 degrees 26 minutes 50 seconds East, along the Proposed Right of Way line, a distance of 73.00 feet to the Proposed Temporary Easement line at 50.00 feet right of Station 26+43.00;
Thence South 43 degrees 49 minutes 00 seconds East, leaving the said Proposed Right of Way line and along the Proposed Temporary Easement line, a distance of 33.29 feet to the Proposed Temporary Easement line at 78.00 feet right of Station 26+25.00;
Thence South 13 degrees 26 minutes 50 seconds West, along the Proposed Temporary Easement line, a distance of 31.00 feet to the Proposed Temporary Easement line at 78.00 feet right of Station 25+94.00;
Thence South 62 degrees 50 minutes 48 seconds West, along the Proposed Temporary Easement line, a distance of 36.88 feet to the TRUE POINT OF BEGINNING.
The above described area contains 0.033 acres.
This description was prepared in March 2002 by Kerry D. Osborn, Registered Surveyor Number 7326, State of Ohio.
Bearings were derived from a GPS survey performed by the Franklin County Engineer's Office occupying Franklin County Geodetic Control Monuments and are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 adjustment).
This description based on actual field survey performed by Parsons Brinckerhoff in 1994-1996 for the City of Columbus.
Section 2. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 3. That the Council of the City of Columbus hereby fixes the value of said fee simple title and lesser interests as follows:
1. 20WD, T $33,259.00
Section 4. 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 5. 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.