Explanation
Background:
The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Idlewild Drive Storm Sewer Project.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the immediate acquisition of the parcels necessary for this project to proceed and not delay the subsequent benefit to the City from the subject improvements.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of fee simple title in and to real estate necessary for the Idlewild Drive Storm Sewer 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 Idlewild Drive Storm Sewer Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0120X-2005, on the 19th day of September, 2005, 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 Utilities, Division of Sewerage and Drainage, in that it is necessary to appropriate such real property interests so that there will be no delay in the aforementioned project, for the 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 in and to the following described real property, be appropriated for the public purpose of the Idlewild Drive Storm Sewer Project, #610973, 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 Code (1959), Chapter 909;
1WD
(Revised 8-12-05)
Situated in the County of Franklin in the State of Ohio, and in the City of Reynoldsburg and bounded and described as follows:
Being a part of Section No. 14, Township 12, Range 21, Refugee Land, Franklin County, Ohio, and also known as part of Half Section No. 21 and a part of Lot 1, and bounded and described as follows:
Beginning at an iron spike in the center of Brice Road at the northeast corner of a 10 acre tract of land conveyed by Frank G. Taylor and wife to Martin Sisk, of record in Deed Book 415, page 221, in the Recorder's Office of Franklin County, Ohio, said spike being 848.75 feet north 3 degrees 45' east from the southeast corner of Lot 1 (the southeast corner of Lot 1 is 1744 feet north with the center of Brice Road from the south line of Section 14), thence north 3 degrees 45' east with the center of Brice Road 1011.93 feet to a point, thence north 86 degrees 15' west 514.32 feet to an iron pin (passing an iron pin at 30 feet); thence south 3 degrees 45' west 1011.93 feet to a stone in the northwest corner of the Martin Sisk 10 acre tract; thence with the north line of said 10 acre tract south 86 degrees 15' east 514.32 feet to the place of beginning, containing 11.948 acres, more or less.
Excepting there from, the following described real estate, situated in the County of Franklin, in the State of Ohio, and in the Township of Truro, and bounded and described as follows:
Being in Section 14, Township 12, Range 21, Refugee Lands and being part of that 11.948 acre tract conveyed by deed of Pauline H. Fluhart, et al. to The Burwell Nurseries Company, as the same is shown of record in Deed Book 1686, page 14, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point in the center of Brice Road at the northeast corner of the above mentioned 11.948 acre tract; thence N. 86 degrees 15' W., along the north line of the aforesaid 11.948 acre tract, a distance of 155.0 feet to an iron pin, passing an iron pin the west line of Brice Road at 30 ft.; thence S. 3 degrees 45' W., along a line parallel to the center line of Brice Road, a distance of 110.0 feet to an iron pin; thence S. 86 degrees 15' E., along a line parallel to the said north line of the 11.948 acre tract, a distance of 155.0 ft. to a point in the center of Brice Road, being also the east line of the aforesaid 11.948 acre tract, passing an iron pin in the west line of Brice Road at 125.0 feet; thence N. 3 degrees 45' E., along the center of Brice Road and the east line of said 11.948 acre tract, a distance of 110.0 feet to the place of beginning, containing 0.391 acres, more or less.
LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:
Situated in the City of Reynoldsburg, County of Franklin, State of Ohio, and more particularly described as follows:
Being part of Half Section 21, Section 14, Township 12, Range 21, Refugee Lands, and being part of the Burwell's, Inc., 11.557 acre tract of record in Deed Book 3118, Page 510, all references being to the records of the Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point in the centerline of Brice Road at the Southeasterly corner of the said 11.557 acre tract, being also the Northeasterly corner of "WILHELM ACRES SUBDIVISION" as shown of record in Plat Book 24, Page 59; thence along the Southerly line of the said 11.557 acre tract, being also the Northerly line of the said subdivision, North 86 deg. 15' West, 40.0 feet to a point at the Northeasterly corner of Lot No. 1 of said subdivision; thence North 3 deg. 45' East, (being 40 feet Westerly at right angles from the centerline of Brice Road), 901.93 feet to a point in the Northerly line of the said 11.557 acre tract being also the Southerly line of the James V. and Carol A. Starner 0.391 acre tract as shown of record in Deed Book 2734, Page 326; thence along the said line, South 86 deg. 15' East, 40.0 feet to a point in the centerline of Brice Road; thence along the said centerline, South 3 deg. 45' West, 901.93 feet to the place of beginning, containing 0.828 acres, more or less, of which 0.414 acre lies within the existing right-of-way of Brice Road.
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 the value of the subject property interests to be $1,019,000.00.
Section 4. 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 5. 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.