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 Morse Road Improvement Phase II Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, Federal-State Highway Engineering Fund.
Emergency Justification: Emergency action is requested to allow the Real Estate Division to continue acquisition of the necessary right-of-way without delay so the City can proceed with the installation of the proposed improvements and upgrades as currently scheduled.
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 Morse Road Improvement Phase II Project, to authorize the expenditure of $42,208.00 from the Federal-State Highway Engineering Fund, and to declare an emergency. ($42,208.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Morse Road Improvement Phase II Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0033X-2006, on the 29th day of March, 2006, and Resolution No. 0194X-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 fee simple title and lesser interests in and to the following described real property, be appropriated for the public purpose of the Morse Road Improvement Phase II Project, #530052 (aka #650052, #596009), 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 16 WD (0.070 Ac.)
MORSE ROAD
WARRANTY DEED
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 17, Untied States Military Lands, and being a part of a 0.742 acre tract and a 0.246 acre tract (0.988 acres together) described in a General Warranty Deed to Spiros Spantithos. of record Official Record 31581 A-06, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said parcel 16 WD being more particularly bounded and described as follows:
Beginning for Reference at a centerline monument box for Morse Road at the centerline intersection of Morse Road and Cleveland Avenue, being at centerline Station 180+49.60 and Cleveland Avenue centerline Station 60+00.00;
Thence South 85°50'18" East with the centerline of Morse Road, a distance of 215.23 feet to a point at centerline Station 182+64.83;
Thence North 4°09'42" East, a distance of 46.50 feet to southwesterly corner of the said 0.988 acre tract, being in the existing northerly right-of-way line of Morse Road, being 46.50 feet left of centerline Station 182+64.83, and being the True Place of Beginning for the herein described parcel;
Thence North 3°42'37" East, along the westerly line of the said 0.988 acre tract, along the easterly line of a 0.506 acre tract as described in a General Warranty Deed to Oxford Coventry I, LLC. of record Instrument Number 200408040181851 a distance of 13.50 feet to an iron pin set in a proposed northerly right-of-way line of Morse Road, being 60.00 feet left of centerline Station 182+64.72;
Thence South 85°50'18" East, crossing the said 0.988 acre tract along a proposed northerly right-of-way line of Morse road a distance of 226.56 feet to an iron pin found in the easterly line of the said 0.988 acre tract, being the southwesterly corner of a 0.819 acre tract as described in an Affidavit of Successor Trustee to James M. Volpe of record Instrument Number 200405110107535, being 60.00 feet left of centerline Station 184+91.39;
Thence South 3°42'37" West, along the easterly line of the said 0.988 acre tract, a distance of 13.50 feet to a point at the southeasterly corner of the said 0.988 acre tract, being 46.50 feet left of centerline Station 184+91.39;
Thence North 85°50'18" West, along the southerly line of the said 0.988 acre tract, along the existing northerly right-of-way line of Morse Road a distance of 226.56 feet to the True Place of Beginning.
The above described parcel contains 0.050 acres from Auditor's Parcel number 010-103151-00, and 0.020 acres from Auditor's Parcel number 600-168647-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth " and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by ms consultants, inc. from an actual field survey (2002) and existing records. JAMES P. VILLACRES
Professional Surveyor No. 7912
PARCEL 16 U (0.007 Ac.) MORSE ROAD PERMANENT UTILITY EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 2, Range 17, Untied States Military Lands, and being a part of a 0.742 acre tract and a 0.246 acre tract (0.988 acres together) described in a General Warranty Deed to Spiros Spantithos, of record Official Record 31581 A-06, all records are on file at the Recorder's Office, Franklin County, OH, all stations and offsets reference the centerline of construction of Morse Road prepared by MS Consultants, Inc. for the City of Columbus, said parcel 16 U being more particularly bounded and described as follows:
Beginning for Reference at a 1 inch diameter iron pin centerline monument for Morse Road at the centerline intersection of Morse Road and Cleveland Avenue found in a monument box at centerline Station 180+49.60 and Cleveland Avenue centerline Station 60+00.00;
Thence South 85°50'18" East with the centerline of Morse Road, a distance of 215.12 feet to a point at centerline Station 182+64.72;
Thence North 4°09'42" East a distance of 60.00 feet to an iron pin set in the westerly line of said 0.742 acre tract, the easterly line of a 0.506 acre tract as described in a General Warranty Deed to Oxford Coventry I, LLC. of record Instrument Number 200408040181851, being 60.00 feet left of centerline Station 182+64.72, being in a proposed northerly right-of-way line of Morse Road, and being the True Place of Beginning for the herein described easement;
Thence North 3°42'37" East, along the westerly line of the said 0.988 acre tract, along the easterly line of said 0.506 acre tract, a distance of 7.59 feet to a point, being 67.59 feet left of centerline Station 182+64.66;
Thence South 80°45'31" East, crossing the said 0.988 acre tract a distance of 85.67 feet to a point in a proposed northerly right-of-way line of Morse Road, being 60.00 feet left of centerline Station 183+50.00;
Thence North 85°50'18" West, along the proposed northerly right-of-way line of Morse Road a distance of 85.28 feet to the True Place of Beginning.
The above-described parcel contains 0.007 acres from Auditor's Parcel number 010-103151-00.
The bearings for this description are based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983(1986), established by a field traverse originating on Franklin County survey control monuments "Clark Azimuth" and "Clark 1928 1982 ", located along Karl Road, south of Morse Road. The bearing between these monuments is S0°39'58"W. This description was prepared by MS Consultants, Inc. actual field survey (2002) and existing records.
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 its intention to obtain immediate possession of the real property interests described herein.
Section 4. That the Council of the City of Columbus hereby fixes the value of said fee simple title and lesser interests as $42,208.00.
Section 5. 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 6. That for the purpose of paying for said costs the City Attorney's Office is hereby authorized to expend an additional of $42,208.00, or so much thereof as may be necessary from Fund 765, the Federal-State Highway Engineering Fund, Department No. 59-09, Transportation Division, Object Level One Code 06, Object Level Three Code 6601, OCA Code 596009, and Project 596009, AC#026907.
Section 7. 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.