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 Project.
Fiscal Impact: Funding for this project is from the Public Service Department, Transportation Division, 1995, 1999 Voted Streets and Highways Fund.
Emergency Justification: Emergency action is requested to allow the acquisition of the parcels necessary for this project to proceed without delay in order to commence construction within this year's construction season.
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 Project, to authorize the expenditure of $25,100.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($25,100.00).
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 Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 004X-2004, on the 26th day of January, 2004, 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 Project, #530052, 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 22 WD ( 0.057 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of lands of Complete General Construction Company, et al., as described in Deed Book 2418 Page 263 and Deed Book 2424 Page 460 and also being part of Reserve E of Woodward Park No. 3 subdivision of record in Plat Book 36, Pages 96-97, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 22 WD being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at the centerline intersection of Morse Road with Maize Road, being at Station 84+35.23;
Thence S 84° 52' 20" E with the centerline of Morse Road, a distance of 193.98 feet to a point, being at centerline Station 86+29.21;
Thence N 5° 07' 40" E a distance of 72.06 feet to a point in the northerly right-of-way line of Morse Road, at the southeast corner of a 0.633 acre tract described in a deed to EMRO Marketing Company of record in Official Record 13340 I04, being 72.06' left of Sta. 86+29.21and being the True Place of Beginning for the parcel described herein;
Thence N 03° 43' 14" E with the easterly line of said 0.633 acre tract, a distance of 5.60 feet to an iron pin set, being 77.65' Left of Station 86+29.07;
Thence S 85° 08' 23" E passing through said lands of Complete General Construction Company, et al., a distance of 524.98 feet to a point in the northerly right-of-way line of Morse Road, being 80.10' Left of Station 91+54.05, (witness a 1" iron pipe found 79.72' Left of Station 91+54.09);
Thence N 86° 13' 59" W with the northerly right-of-way line of Morse Road, a distance of 454.06 feet to a point, being 69.32' Left of Station 87+00.12;
Thence N 82° 39' 37" W continuing with the southerly right-of-way line of Morse Road, a distance of 70.96 feet to the True Place of Beginning;
The above described tract contains 0.057 acres of land from Auditor's Parcel # 010-139189-00.
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
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 22 T (0.0854 Ac.)
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 2, Range 18, United States Military Lands, and being part of lands of Complete General Construction Company, et al., as described in Deed Book 2418 Page 263 and Deed Book 2424 Page 460 and also being part of Reserve E of Woodward Park No. 3 subdivision of record in Plat Book 36, Pages 96-97, all records are on file in the Recorder's Office, Franklin County, Ohio, all stations and offsets reference the centerline of survey and construction of Morse Road prepared by ms consultants, inc. for the City of Columbus, said Parcel 22 T being more particularly described as follows:
Beginning for Reference at a 1" diameter iron pin centerline monument for Morse Road found in a monument box at the centerline intersection of Morse Road with Maize Road, being at Station 84+35.23;
Thence S 84° 52' 20" E with the centerline of Morse Road, a distance of 193.84 feet to a point, being at centerline Station 86+29.07;
Thence N 5° 07' 40" E a distance of 77.65 feet to an iron pin set in the easterly line of a 0.633 acre tract described in a deed to EMRO Marketing Company of record in Official Record 13340 I04, being 77.65' left of Sta. 86+29.07 and being the True Place of Beginning for the parcel described herein;
Thence N 03° 43' 14" E with the easterly line of said 0.633 acre tract, a distance of 7.35 feet to a point, being 85.00' Left of Station 86+28.89;
Thence S 84° 52' 20" E passing through said lands of Complete General Construction Company, et al., a distance of 731.26 feet to a point in the northerly right-of-way line of Morse Road, being 85.00' Left of Station 93+60.16;
Thence N 86° 13' 59" W with the northerly right-of-way line of Morse Road, a distance of 206.15 feet to a point, being 80.10' Left of Station 91+54.05, (witness a 1" iron pipe found 79.72' Left of Station 91+54.09);
Thence N 85° 08' 23" W passing through said lands of Complete General Construction Company, et al., a distance of 524.98 feet to the True Place of Beginning;
The above described tract contains 0.0854 acres of land (0.0738 acres of land from Auditor's Parcel # 010-139189 and 0.0116 acres of land from Auditor's Parcel # 010-123466).
Iron Pin(s) Set in the above description are 5/8 inch dia. rebar 30" inches long with a yellow plastic cap stamped "7159-MS CONSULTANTS".
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
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 $25,100.00.
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 $25,100.00, or so much thereof as may be necessary for the Morse Road Improvement Project, Project #530052, Dept./Div. 59-09, from the 704 Fund, OCA Code 644385, Object Level Three 6601, Auditor's Certificate No.AC020918, 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 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.