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 Henderson Road (S.R. 315 to High Street) Improvement Project.
Fiscal Impact:
Funding for this project is from the Department of Public Service, Transportation Division, 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow rights-of-way acquisition-related activities being undertaken by the City Attorney's Real Estate Division to continue 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 fee simple title and lesser interests in and to real estate necessary for the Henderson Road (S.R. 315 to High Street) Improvement Project, to authorize the expenditure of $35,100.00 from the 1995, 1999 Voted Streets and Highways Fund and to declare an emergency. ($35,100.00)
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Henderson Road (S.R. 315 to High Street) Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0042X-2008, on the 25th day of February, 2008, 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, Transportation Division, 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 and lesser interests in and to the following described real property, be appropriated for the public purpose of the Henderson Road (S.R. 315 to High Street) Improvement Project, #530103 (fka 590315), 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 81 WD (REVISED)
BP EXPLORATION & OIL INC., AN OHIO CORPORATION
HENDERSON ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lot 1 of the Rosemary Addition in Plat Book 15, Page 23 as recorded in the Franklin County Recorders Office, and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of survey of Henderson Road and High Street made by the City of Columbus as recorded in Plat Book 112, Page 1 of the records of Franklin County and being located within the following described points in the boundary thereof;
BEGINNING at the Grantor's southwesterly property corner and the southwesterly corner of said Lot I, 25.00 feet left of Station 56+56.66 Henderson Road;
Thence North 03°03'50" East a distance of 12.02 feet to an iron pin set on the Grantor's westerly property and the westerly line of said Lot 1,37.00 feet left of Station 56+56.50 Henderson road;
Thence South 58°44'36" East a distance of 15.21 feet to an iron pin set 30.00 feet left of Station 56+70.00 Henderson Road;
Thence South 86°09'06" East a distance of 94.00 feet to an iron pin set 30.00 feet left of Station 57+64.00 Henderson Road;
Thence North 78°45'36" East a distance of 26.37 feet to an iron pin set 37.00 feet left of Station 57+90.00 Henderson Road;
Thence North 47°55'50" East a distance of 16.74 feet to an iron pin set 50.00 feet left of Station 65+24.79 North High Street;
Thence North 02°49'07" East a distance of 21.33 feet to an iron pin set 50.00 feet left of Station 65+46.12 North High Street;
Thence South 86°09'06" East a distance of 5.00 feet to an iron pin set in the Grantor's easterly property line, the easterly line of said Lot 1 and the existing westerly right-of-way line of North High Street 45.00 feet left of Station 65+46.03 North High Street;
Thence South 02°49'07" West a distance or 33.35 feet along the Grantor's easterly property line, the easterly line of said Lot 1 and the said right-of-way line of North High Street to an iron pin found 45.00 feet left of Station 65+12.68 North High Street;
Thence South 62°40'42" West a distance of 22.95 feet along the Grantor's southerly property line, the southerly line of said Lot 1 and the northerly right-of-way line of Henderson Road to an iron pin set 25.00 feet left of Station 57+86.68 Henderson Road;
Thence North 86°09'06" West a distance of 130.02 feet continuing along the Grantor's southerly property line, the southerly line of said Lot 1 and said right-of-way line of Henderson Road to the POINT OF BEGINNING, containing 1122 square feet (0.0258 acre ).
The above-described area is contained within the Franklin County Auditor's Permanent Parcel Number 010-083849.
PARCEL 81A
BP EXPLORATION & OIL INC.
HENDERSON ROAD
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Lots 1 and 2 of the Rosemary Addition in Plat Book 15, Page 23 as recorded in the Franklin County Recorder's Office, and being more particularly described as follows:
Being a parcel of land lying on the left side of the centerline of survey of Henderson Road and North High Street made by the City of Columbus as recorded in Plat Book 112, Page 1 of the records of Franklin County and being located within the following described points in the boundary thereof;
Beginning FOR REFERENCE at the Grantor's northeasterly property corner, the northeasterly corner of Lot 3 of Rosemary Addition, and in the westerly right-of-way line of North High Street, 45.00 feet left of Station 66+50.80 North High Street;
Thence South 02°49'07" West along said right-of-way line a distance of 50.00 feet to the northeasterly corner of Lot 2, 45.00 feet left of Station 66+00.80 North High Street and the TRUE POINT OF BEGINNING;
Thence South 02°49'07" West continuing along said right-of-way line, a distance of 54.77 feet to a point 45.00 feet left of Station 65+46.03 North High Street;
Thence North 86°09'05" West a distance or 5.00 feet to an iron pin set 50.00 feet left of Station 65+46.12 North High Street;
Thence North 02°49'07" East a distance or 54.77 feet to a point in the northerly line of Lot 2,50.00 feet left of Station 66+00.89 North High Street;
Thence North 86°09'05" East a distance of 5.00 feet to the TRUE POINT OF BEGINNING, containing 274 square feet.
The above-described area is contained within the Franklin County Auditor's Permanent Parcel Number 010-083849.
Grantor claims title by instrument(s) recorded in instrument number 199712220173200 Franklin County Recorder's Office.
Said stations being the Station numbers as stipulated in the hereinbefore-mentioned survey and as shown by plans on file in the City or Columbus.
This description is based on a survey for the City of Columbus from 2000-200 1 by M-E Companies Inc., and prepared under the direction of Ronald J. Yarano, Registered Surveyor No.7169.
Basis of Bearings was determined by GPS observations utilizing Franklin County Engineer's Monuments Astro and Frank72 on March 30, 2000.
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 Columbus, Ohio, 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 $35,100.00.
Section 5. 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 6. That the expenditure of $35,100.00, or so much thereof as may be necessary from the 1995, 1999 Voted Streets and Highways Fund, Fund #704; Dept./Div.59-09; Project No. 530103 (fka 590315); OCA Code 644385; Object Level Three 6601, Auditors' Certificate #022710, for acquisition costs related to the aforesaid purpose is hereby authorized.
Section 7. That for the reasons state 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.