Explanation
BACKGROUND: The City’s Recreation and Parks Department (“CRPD”) is performing the Alum Creek Trail - Mock Road Connector Project (Project Number 513011-100000). The City must acquire certain fee simple title and lesser real estate in the vicinity of the Alum Creek Trail at Sunbury Road and Mock Road, heading west and connecting directly to the City’s new Hudson Street Greenway (collectively, “Real Estate”) in order for CRPD to timely complete the Public Project. The City passed Ordinance Numbers 2465-2023 and 1372-2024 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0185X-2024 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of the Alum Creek Trail at Sunbury Road and Mock Road, heading west and connecting directly to the City’s new Hudson Street Greenway.
The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution 0185X-2024. However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Funding to acquire the Real Estate is available through the Recreation and Parks Voted Bond Fund 7702 pursuant to existing Auditor’s Certificate ACDI002462-10.
EMERGENCY JUSTIFICATION: Not applicable.
Title
To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Alum Creek Trail - Mock Road Connector Project; to authorize an expenditure of $40,616.00. ($40,616.00)
Body
WHEREAS, the City intends to make, improve, or repair certain public right-of-way by completing the Alum Creek Trail - Mock Road Connector Project (Project Number 513011-100000) (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of the public right-of-way of the Alum Creek Trail at Sunbury Road and Mock Road, heading west and connecting directly to the City’s new Hudson Street Greenway; and
WHEREAS, the City, pursuant to the passage of Ordinance Numbers 2465-2023 and 1372-2024, and the adoption of Resolution Number 0185X-2024, intends to authorize the City Attorney to spend City funds and file the necessary complaints to appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of the public right-of-way of the Alum Creek Trail at Sunbury Road and Mock Road; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Three (3) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0185X-2024 and incorporated into this ordinance for reference as if rewritten, and (ii) to be appropriated and accepted for the public purpose of the City’s Recreation and Parks Department (“CRPD”) timely completing the Alum Creek Trail - Mock Road Connector Project (Project Number 513011-100000) (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
Parcel 30-WD, T1, T2 (FMVE $3,817.00)
Mock Investment Group LLC
c/o Ohio Statutory Agent LLC
6545 Market Avenue N., Suite 100
North Canton, Ohio 44721
Parcel 42-WD, T (FMVE $15,151.00)
Educational Solutions Co.
c/o Adam J. Schira
180 East Broad Street, Suite 3400
Columbus, Ohio 43215
Parcel 57-WD, S (FMVE $1,890.00)
Casey M. Karnes
2585 Mock Road
Columbus, Ohio 43219
Parcel 63-WD, T (FMVE $514.00)
Dianne A. Farington (aka Dianne A. Phares)
2655 Mock Road
Columbus, Ohio 43219
(Resolution Served via Publication September 12, 19, and 26, 2024)
Parcel 65-WD, T (FMVE $19,244.00)
Dianne A. Phares (aka Dianne A. Farington)
2655 Mock Road
Columbus, Ohio 43219
(Resolution Served via Publication September 12, 19, and 26, 2024)
SECTION 5. That the City Attorney is authorized to file petitions necessary to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way of the Alum Creek Trail at Sunbury Road and Mock Road, heading west and connecting directly to the City’s new Hudson Street Greenway and associated appurtenances which will be open to the public without charge.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Forty Thousand Six Hundred Sixteen U.S. Dollars and 00/100 ($40,616.00), or so much as may be needed from existing Auditor’s Certificate ACDI002462-10.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.