EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Arterial - SR161 - I71 to Cleveland Avenue Phase 2, project number 533003-100000, PID 115797, also known as 2025 Ambleside Maple Canyon, (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of SR 161 from Ambleside to Maple Canyon (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0150-2025 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0147X-2025 establishing the City’s intent to appropriate the Real Estate. The City’s acquisition of the Real Estate will help make, improve, or repair certain portions of the public right-of-way of SR 161 from Ambleside to Maple Canyon which will be open to the public without charge.
The City Attorney, pursuant to Columbus City Code, Section 909.03, served notice to all of the owners of the Real Estate of the (i) Public Project’s public purpose and necessity, and (ii) adoption of Resolution 0147X-2025 However, the City Attorney was unable to either locate some of the Real Estate’s owner(s) or agree with some of the Real Estate’s owner(s) in good faith regarding the amount of just compensation.
CONTRACT COMPLIANCE: Not applicable.
FISCAL IMPACT: Funding to acquire the Real Estate is available through the Streets and Highways GO Bond Fund, Fund Number 7704 pursuant to existing Auditor’s Certificate ACDI002496-10 for 20% of the Public Project and the Federal Transportation Grants Fund, Fund number 7765, pursuant to existing Auditor’s Certificate ACDI002531-10 for 80% of the Public Project
EMERGENCY JUSTIFICATION: Emergency action is requested in order to acquire the Real Estate and allow DPS to meet the project clear date of February 13, 2026, which will preserve the public peace, health, property, safety and welfare.
TITLE
To authorize the City Attorney to file complaints in order to immediately appropriate and accept the remaining fee simple and lesser real estate necessary to timely complete the Arterial - SR161 - I71 to Cleveland Avenue Phase 2, also known as 2025 Ambleside Maple Canyon project, to authorize an expenditure of 325,335.00; and to declare an emergency. ($325,335.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial - SR161 - I71 to Cleveland Avenue Phase 2, project number 533003-100000, PID 115797, also known as 2025 Ambleside Maple Canyon, (“Public Project”); and
WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of the public right-of-way of SR 161 from Ambleside to Maple Canyon, and
WHEREAS, the City, pursuant to the passage of Ordinance Number 0150-2025 and the adoption of Resolution Number 0147X-2025, intends to authorize the City Attorney to spend City funds and file the necessary complaints to immediately appropriate and accept title to the remainder of the Real Estate; and
WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of the public right-of-way of SR 161 from Ambleside to Maple Canyon which will be open to the public without charge; and
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary to declare the City’s intent to appropriate and accept the Real Estate in order to prevent unnecessary delay in completing the Public Project, which will preserve the public peace, property, health, welfare, and safety; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the fee simple and lesser real estate associated with the project parcel numbers listed in Section Four (4) of this ordinance (“Real Estate”) are (i) fully described in Resolution 0147X-2025 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of the Department of Public Service (“DPS”) timely completing the Arterial - SR161 - I71 to Cleveland Avenue Phase 2, project number 533003-100000, PID 115797, also known as 2025 Ambleside Maple Canyon, (“Public Project”).
SECTION 2. That the City declares, pursuant to the City's power and authority under the Ohio Constitution, Ohio Revised Code Sections 715.01, 717.01, 719.01, and 719.02, the City's Charter, and Columbus City Code Chapter 909, the appropriation of the Real Estate is necessary for the Public Project, because the City was unable to locate the Real Estate’s owner(s) or agree in good faith with the Real Estate’s owner(s) regarding the amount of just compensation to be paid by the City for the Real Estate.
SECTION 3. That the City intends to obtain immediate possession of the Real Estate for the Public Project.
SECTION 4. That the City declares that the fair market value of the Real Estate as follows:
PUBLIC PROJECT PARCEL NUMBER(S) (FMVE)
REAL ESTATE OWNER
OWNER ADDRESS
Parcel 33-T - FMVE $1,300
Zomi Christian Church
c/o Thang C. Pau
4827 Almont Drive
Columbus, OH 43229
Parcel 35-WD, -T - FMVE $6,165
Metro Columbus Baptist Association
5959 Sharon Woods Blvd.
Columbus, OH 43229
Parcel 40-WD, -T - FMVE $14,270
Jaffar Properties, LLC
c/o Mazhar Hussain
7081 Palmer Court
Dublin, OH 43017
Parcel 41-WD, -T - FMVE $55,950
Big Brothers Big Sisters of Central Ohio, Inc.
c/o Mr. Steven Miller, Esq.
500 S. Front Street, Suite 1200
Columbus, OH 43215
Worthington Consulting and Marketing, Inc.
c/o Mr. Michael Hrabcak, Esq.
67 East Wilson Bridge Road
Worthington, OH 43085
Parcel 44-SH, -T - FMVE $20,264
Tamarack Condominium
c/o K&C Service Corporation
8101 North High Street Suite 370
Columbus, OH 43235
Parcel 51-WD, -T - FMVE $71,250
The Villas OAG, LLC
Tamarack Condominium Association
c/o K&C Service Corporation
8101 North High Street Suite 370
Columbus, OH 43235
Parcel 52-WD, -T - FMVE $47,006
Beechcroft Medical LLC
c/o Ashley Harbold
470 Olde Worthington Rd. Ste 100
Westerville, OH 43082
Parcel 53-T - FMVE $1,400
Ocean Reality, LLC
c/o Osman Hassan
2615 East Dublin Granville Road
Columbus, OH 43231
Parcel 54-T - FMVE $495
Sharon Woods Senior Village Condominium
c/o K&C Service Corporation
8101 North High Street, Suite 370
Columbus, OH 43235
Parcel 60-WD, -T1, -T2 - FMVE $16,311
ACR-Beechcroft LLC
300 Avenue of the Champions, Suite 140
Palm Beach Gardens, FL 33418
Parcel 61-WD, -T - $22,919
ACR-Village Centre LLC
300 Avenue of the Champions, Suite 140
Palm Beach Gardens, FL 33418
Parcel 63-WD, -WD2, -SW, -T, -T2 - FMVE $67,600
MIMG LXV Central Square, LLC
c/o CT Corporation System
4400 Easton Commons Way, Suite 125
Columbus, OH 43219
Parcel 64-T - FMVE $405
Michael A. West
5112 Claridge Drive
New Albany, OH 43054
SECTION 5. That the City Attorney is authorized to file petitions necessary to appropriate the Real Estate in the appropriate court of common pleas and impanel a jury to inquire and assess the amount of just compensation for the Real Estate.
SECTION 6. That the Real Estate’s acquisition for the Public Project is required to make, improve, or repair certain portions of the public right-of-way of SR 161 from Ambleside to Maple Canyon and associated appurtenances, which will be open to the public without charge.
SECTION 7. That the City Attorney, in order to pay for the Real Estate’s acquisition and appropriation costs for the Public Project, is authorized to spend up to Sixty Five Thousand Sixty-seven and 00/100 U.S. Dollars ($65,067.00), or so much as may be needed from existing Auditor’s Certificate ACDI002496-10 and Two Hundred Sixty Thousand Two Hundred Sixty-eight and 00/100 U.S. Dollars ($65,067.00), or so much as may be needed from existing Auditor’s Certificate ACDI002531-10.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source associated with this ordinance.
SECTION 9. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.