Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary for the Lockbourne Road Roadway Improvement Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division 1995, 1999 Voted Streets and Highways Fund.
Emergency action is requested to allow right-of-way acquisition-related activities to begin without delay so that construction can begin as currently scheduled.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of construction and permanent easements in and to real estate necessary to the Lockbourne Road Roadway Improvement Project; to authorize the expenditure of $1,386.00 from the 1995, 1999 Voted Streets and Highways Fund; 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 Lockbourne Road Roadway Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0193X-2006, on the 4th day of December, 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 construction and permanent easements in and to the following described real property, be appropriated for the public purpose of the Lockbourne Road Roadway Improvement Project, #530103, 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 NO. 5T
DESCRIPTION OF TEMPORARY RIGHT OF WAY FOR THE CITY OF COLUMBUS
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southeast Quarter of Section 3, Township 4, Range 22, Southeast Quarter, Congress Lands, and being part of a 8.079 acre tract owned by Thomas A. McDowell and Diane A. Hornung as referenced in Instrument Number 200008240170874, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the left side of the proposed centerline of construction of Lockbourne Road as shown in plans for Lockbourne Road, C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at a point at the intersection of the westerly right of way line of Lockbourne Road with the southerly property line of said 8.097 acre tract, and being 35.69 feet left of station 4+73.82 of the proposed centerline of construction of Lockbourne Road and being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence along the Grantor's southerly property line, North 86 degrees 18 minutes 57 seconds West, a distance of 20.00 feet to a point on the proposed temporary right of way line and being 55.69 feet left of station 4+73.76 of the proposed centerline of construction of Lockbourne Road;
Thence, North 03 degrees 41 minutes 11 seconds East, a distance of 313.57 feet to a point on the Grantor's northerly property line and being 56.56 feet left of station 7+87.33 of the proposed centerline of construction of Lockbourne Road;
Thence along the Grantor's northerly property line, South 86 degrees 28 minutes 49 seconds East, a distance of 20.00 feet to a point on the westerly right of way line of Lockbourne Road and the Grantor's easterly property line and being 36.56 feet left of station 7+87.44 of the proposed centerline of construction of Lockbourne Road said point also North 86 degrees 28 minutes 49 seconds West, 1.35 feet from an iron pin found;
Thence along the Grantor's easterly property line and westerly right of way line of Lockbourne Road, South 03 degrees 41 minutes 11 seconds West, a distance of 313.63 feet to the TRUE POINT OF BEGINNING and containing 0.144 acres, more or less.
The above take is from Auditor's Parcel Number 010-112262, which contains 20.095 acres, which present road occupies (P.R.O.) 0.00 acres more or less.
The above description was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
Section 2. That construction and permanent easements in and to the following described real property, be appropriated for the public purpose of the Lockbourne Road Roadway Improvement Project, #530103, 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 NO. 57S
DESCRIPTION OF A STORM SEWER EASEMENT FOR THE CITY OF COLUMBUS
Situated in the City of Columbus, County of Franklin, State of Ohio and being a part of the Southwest Quarter of Section 2, Township 4, Range 22, Congress Lands, and being part of a 1.431 acre parcel owned by Russell E. Sr. and Kay F. Erby as referenced in Deed Book 3299, Page 136, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Being a parcel of land lying on the right side of the proposed centerline of construction of Koebel Road as shown in plans for Lockbourne Road, C.I.P. 937, and being located within the following described points in the boundary thereof:
Beginning at a point on the Grantor's northwest property corner and being on the southerly right of way line of Koebel Road and being 18.74 feet left of station 5+08.18 of the proposed centerline of construction of Koebel Road, and being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence along the Grantor's northerly property line, and south line of Koebel Road, South 85 degrees 49 minutes 53 seconds East, a distance of 125.00 feet to a point on the Grantor's northeast property corner and being 19.05 feet right of station 6+33.06 of the proposed centerline of construction of Koebel Road;
Thence along the Grantor's easterly property line, South 03 degrees 41 minutes 11 seconds West, a distance of 10.00 feet to a point on the proposed easement line and being 29.05 feet right of station 6+33.12 of the proposed centerline of construction of Koebel Road;
Thence along said easement line, North 85 degrees 49 minutes 53 seconds West, a distance of 125.00 feet, to a point on the Grantor's westerly property line and being 28.74 feet right of station 5+08.24 of the proposed centerline of construction of Koebel Road;
Thence along said property line, North 03 degrees 41 minutes 11 seconds East, a distance of 10.00 feet to the TRUE POINT OF BEGINNING and containing 0.029 acres, more or less.
The above take is from Auditor's Parcel No. 010-113459, which contains 1.43 acres, which present road occupies (P.R.O.) 0.00 acres more or less.
The above description was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
The bearings used herein are based on a Centerline Survey Plat of Lockbourne Road by the Franklin County Engineer's Office dated 10/2003, which was based on the Ohio State Plane Coordinate System, South Zone, NAD 83, (1986). As established from a GPS survey performed by the Franklin County Engineer's Survey Department in 1991. Occupying monuments "FCGS 8819" and "FCGS 8820".
Section 3. 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 4. That the Council of the City of Columbus hereby declares its intention to obtain immediate possession of the real property interests described herein.
Section 5. That the Council of the City of Columbus hereby fixes the value of said construction and permanent easements as follows:
1. 5T $1,066.00
2. 57S $320.00
Section 6. 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 7. That the expenditure of $1,386.00, or so much thereof as may be necessary for the Lockbourne Road Roadway Improvement Project, Project #530103, from the 1995, 1999 Voted Streets and Highways Fund, Fund #704, OCA Code 644385, Object Level Three: 6601, Auditor's Certificate No. 022711, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 8. That for the reasons state in the preamble hereto, 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.