Explanation
Background: The following legislation authorizes the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate necessary for the Agler Road and Cassady Avenue Intersection Improvement Project.
Fiscal Impact: Funding for this project is from the Department of Transportation Division, General Permanent Improvement Fund.
Emergency Justification: Emergency action is requested to allow acquisition-related activities to be completed without delay to allow construction of the proposed improvements to commence in 2006.
Title
To authorize the City Attorney to file the necessary complaints for the appropriation of permanent easements in and to real estate Agler Road and Cassady Avenue Intersection Improvement Project, to authorize the expenditure of $2,620.00 from the General Permanent Improvement Fund and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, a municipal corporation, is engaged in the acquisition of certain real property interests for the Agler Road and Cassady Avenue Intersection Improvement Project; and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0096X-2006, on the 5th day of June, 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 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 peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That construction and permanent easements in and to the following described real property, be appropriated for the public purpose of the Agler Road and Cassady Avenue Intersection Improvement Project, #537650, 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 Code (1959), Chapter 909:
3P
PID 010-107906
Situated in the State of Ohio, County of Franklin, City of Columbus, being in the southwest quarter Township 1, Range 17, United States Military Lands and being part of the 0.517 acres tract as conveyed by Instrument Number 199712040159776, Recorders Office, Franklin County, Ohio and bounded and described as follows:
Beginning at a point at the intersection of the Easterly edge of the Cassady Ave right-of-way (50 feet) and the southerly edge of the Agler Road right-of-way (50 feet), said point being the northwesterly corner of said 0.517 acre tract and northwesterly corner of the tract herein intended to be described;
Thence South 89° 25' East 30.05 feet parallel to the centerline of Agler Road to a point on the Southerly right-of-way of Agler Road;
Thence South 45° 17' 30" West 42.28 feet to a point on the Easterly right-of-way of Cassady Ave.;
Thence due North 30.05 feet parallel to the centerline of Cassady Ave. to a point and the Point of Beginning, containing 0.01 acres, more or less.
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, 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, Ohio, hereby declares the value of the subject real property interests to be Two Thousand Six Hundred Twenty Dollars ($2,620.00).
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 the expenditure of $2,620.00, or so much thereof as may be necessary for the Agler Road and Cassady Avenue Intersection Improvement Project, Project #537650, from the General Permanent Improvement Fund, OCA Code 748599, Object Level Three 6601, Certificate No. AC025687, 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.