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 Sidewalk Installation Program Phase V Project. Sidewalk Installation Program Phase V Project. This project consists of approximately 2.3 miles of sidewalk and 125 ADA ramps.
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 and utility relocation activities to begin immediately to accommodate this construction schedule.
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 Sidewalk Installation Program Phase V Project, to authorize the expenditure of $400.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($400.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Sidewalk Installation Program Phase V Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0058X-2006, on the 24th 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 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 Public Service Department, Transportation Division, Sidewalk Installation Program Phase V Project, #530790, 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:
3T
Situated in the State of Ohio, Franklin County, City of Columbus, and lying on, over and across Lot 234 of "THUNDERBIRD ACRES II" a subdivision of record in Plat Book 30, Page 24 as conveyed to William A. Frederick by deed of record in Instrument Number 200006080113397 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the southeasterly corner of said Lot 234, at the intersection of the westerly right-of-way line of Vineshire Drive and the northerly line of Ellery Drive;
Thence North 85° 33' 28" West, a distance of 20.00 feet, along the northerly right-of-way line of Ellery Drive, to a point;
Thence the following two (2) courses and distances across said Lot 234;
1. North 04° 28' 32" East, a distance of 10.00 feet, to a point;
2. South 85° 33' 28" East, a distance of 20.00 feet, to a point on the westerly right-of-way line of Vineshire Drive;
Thence South 04° 28' 32" West, a distance of 10.00 feet, along said westerly right-of-way line of Vineshire Drive, to the POINT OF BEGINNING, containing 0.005 acre, more or less.
Bearings in the above description are based on the northerly right-of-way line of Ellery Drive which bears North 85° 33' 28" West.
Section 2. That fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Public Service Department, Transportation Division, Sidewalk Installation Program Phase V Project, #530790, 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 719.02; the Charter of the City of Columbus; and the Columbus City Code (1959), Chapter 909:
7T
Situated in the State of Ohio, Franklin County, City of Columbus, and lying on, over and across Lot 18 of "TONTI ADDITION" a subdivision of record in Plat Book 22, Page 22 as conveyed to Raymond E. and Cheryl A. Baker by deed of record in Official Record 31129 D08 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the northeasterly corner of said Lot 18 and being on the westerly right-of-way line of Highland Avenue;
Thence South 13° 03' 58" East, a distance of 18.79 feet, along said westerly right-of-way line of Highland Avenue, to the TRUE POINT OF BEGINNING;
Thence South 13° 03' 58" East, a distance of 13.07 feet, continuing along said westerly right-of-way line of Highland Avenue, to a point;
Thence the following three (3) course and distances across said Lot 18;
1. South 77° 04' 00" West, a distance of 5.90 feet, to a point;
2. North 13° 03' 58" West, a distance of 13.07 feet, to a point;
3. North 77° 04' 00" East, a distance of 5.90 feet, to the TRUE POINT OF BEGINNING, containing 0.002 acre, more or less.
Bearings in the above description are based on the westerly right-of-way line of Highland Avenue which bears South 13° 03' 58" East.
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 fee simple title and lesser interests as follows:
1. 3T $200.00
2. 7T $200.00
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 $400.00, or so much thereof as may be necessary for the Sidewalk Installation Program Phase V Project, Project #530790, from the 1995, 1999 Voted Streets and Highways Fund, Dept/Div. 59-09, Fund# 704, OCA Code 644385, Object Level Three 6601, Auditors Certificate No. AC-022554, 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 stated in the preamble hereto, which is hereby made a part hereby, 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.