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 Sidewalk Installation Phase IV 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 so that the project may be completed in a timely manner.
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 Sidewalk Installation Phase IV Project, to authorize the expenditure of $200.00 from the 1995, 1999 Voted Streets and Highways Fund, and to declare an emergency. ($200.00).
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Sidewalk Installation Phase IV Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 396X-2003, on the 8th day of December, 2003, 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 in and to the following described real property, be appropriated for the public purpose of the Sidewalk Installation Phase IV 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:
1WD
DESCRIPTION OF 0.001 ACRE
FOR RIGHT OF WAY
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Lot Number 1 of "THE HAAG ADDITION" a subdivision of record in Plat Book 10, Pages 356 and 357 as conveyed to Commercial Land Development LTD. (Auditor's Parcel No. 010-019024) by deed of record in Instrument No. 200008250171261, all records from the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Begin for reference at the centerline intersection of Lockbourne Road (60 feet in width) and Frebis Avenue (50 feet in width);
Thence North 86º05'15" West, a distance of 29.86 feet, along the centerline of said Frebis Avenue (50 feet in width);
Thence South 03º54'45" West, a distance of 25.00 feet, to a magnail set on the intersection of the southerly right of way line of Frebis Avenue and the westerly right of way line of Lockbourne Road, and being the POINT OF BEGINNING;
Thence South 03º 35'24" West, a distance of 10.00 feet along said westerly right of way line of Lockbourne, to a magnail set;
Thence North 41º14'55" West, a distance of 14.18 feet, crossing said Lot Number 1, to a magnail set on the southerly right of way line of said Frebis Avenue;
Thence South 86º 05'15" East, a distance of 10.00 feet, along said southerly right of way line of said Frebis Avenue to the POINT OF BEGINNING, containing 0.001 acre, more or less.
Bearings in the above description are based on a series of GPS observations (NAD 83) made on July 19, 2002 by ADR & Associates, Ltd.
Robert J. Sands, Registered Surveyor #8053
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 declares the value of the subject real property interests to be Two Hundred Dollars ($200.00).
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 $200.00, or so much thereof as may be necessary for the Sidewalk Installation Phase IV Project, Project # 530790, from the 1995, 1999 Voted Streets and Highways Fund, Fund #704, OCA Code 644385, Object Level Three, 6601, Auditor's Certificate No. 020107, for the appropriation of said real property interests determined to be necessary for the stated public purpose is hereby authorized.
Section 7. 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.