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 FRA Olentangy Trail Bridge Project ( State Job 465874).
Fiscal Impact:
Funding for this project is from the Recreation and Parks Department, Voted 1995/1999 Recreation and Parks Bond Fund.
Emergency Justification: Emergency action is requested to allow acquisition activities to begin as soon as possible as not to delay the benefit to the City.
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 FRA Olentangy Trail Bridge Project (State Job 465874), 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 FRA Olentangy Trail Bridge Project (State Job 465874); and
WHEREAS, the Council of the City of Columbus, Ohio, adopted Resolution No. 0121X-2005, on the 19th day of September, 2005, 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 Recreation and Parks Department, 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 FRA Olentangy Trail Bridge Project (State Job 465874) Project, #510316, 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;
1WD
Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress to and from any residential area. (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter).
The land herein described is situated in the City of Columbus, Franklin County, Range 18, Township 2, Quarter Township 3, U.S.M.L., further described as follows:
Being a parcel of land lying on the right and left sides of the centerline of a survey of FRA-OLENTANGY TRAIL BRIDGE Bike Path made by the Ohio Department of Transportation, and recorded in Book _________, Page _________, of records of Franklin County and being located within the following described points in the boundary thereof;
Commencing at a rebar found at the most westerly end point of the existing centerline of right-of-way of Broad Meadows Boulevard as described in a deed of easement for ingress and egress to the City of Columbus, Ohio, recorded in Deed Book 3230, Page 124, and accepted by Ordinance No. 629-72, and being within that 9.035-acre tract of land conveyed to Riverlodge Partners by deed recorded in Official Record 33836A19, said rebar being at FRA-OLENTANGY TRAIL BRIDGE Centerline of Construction Station 8+09.40;
Thence South 32 degrees 53 minutes 33 seconds West for a distance of 50.00 feet, crossing said 9.035-acre tract and the existing right-of-way of Broad Meadows Boulevard, to a point on a curve of the existing westerly right-of-way line of Broad Meadows Boulevard, said point being the southeasterly corner of said PARCEL 1-WD, and being the True Point of Beginning of the herein described PARCEL 1-WD, and an iron pin set at Station 7+61.56, 14.53 feet Right;
Thence South 81 degrees 58 minutes 06 seconds West for a distance of 211.93 feet, along a southerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point of curvature, and an iron pin set at Station 5+57.28, 12.00 feet Right;
Thence North 79 degrees 47 minutes 52 seconds West for a chord distance of 63.83 feet, with an arc length of 64.92 feet curving to the right, having a radius of 102.00 feet, a central angle of 36 degrees 28 minutes 02 seconds, along a southwesterly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point of tangency, and iron pin set at Station 5+00.00, 12.00 feet Right;
Thence North 61 degrees 33 minutes 51 seconds West for a distance of 54.73 feet, along a southwesterly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point on the southwesterly corner of said PARCEL 1-WD on a curve of the existing easterly right-of-way line of Parcel 169WD of the Olentangy River as shown on FRA-315/161-7.11/7.85 plan, said Parcel 169WD being that 3.510-acre tract of land conveyed to the State of Ohio by deed recorded in Deed Book 3156, Page 439, and an iron pin set at Station 4+55.67, 25.76 feet Right;
Thence North 05 degrees 09 minutes 44 seconds West for a chord distance of 151.38 feet, with an arc length of 151.39 feet curving to the right, having a radius of 3606.53 feet, a central angle of 02 degrees 24 minutes 18 seconds, along the westerly line of said PARCEL 1-WD, the existing easterly right-of-way line of said Parcel 169WD, the westerly property line of said 9.035-acre tract, to an iron pin set at Station 3+06.69, 0.64 foot Right;
Thence North 03 degrees 09 minutes 04 seconds West for a distance of 51.54 feet, along the westerly line of said PARCEL 1-WD, the existing easterly right-of-way line of said Parcel 169WD, the westerly property line of said 9.035-acre tract, to an iron pin set at Station 3+01.54, 50.14 feet Left;
Thence North 88 degrees 51 minutes 18 seconds East for a distance of 25.00 feet, along a northerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 3+09.41, 55.64 feet Left;
Thence South 16 degrees 20 minutes 03 seconds East for a distance of 77.71 feet, along a northeasterly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 3+39.27, 25.00 feet Left;
Thence South 01 degrees 08 minutes 42 seconds East for a distance of 99.05 feet, along an easterly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point on the end of a curve, and an iron pin set at Station 4+47.62, 17.00 feet Left;
Thence South 63 degrees 07 minutes 33 seconds East for a chord distance of 83.55 feet, with an arc length of 88.95 feet curving to the left, having a radius of 73.00 feet, a central angle of 69 degrees 48 minutes 42 seconds, along a northeasterly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point of tangency, and an iron pin set at Station 5+57.28, 17.00 feet Left;
Thence North 81 degrees 58 minutes 06 seconds East for a distance of 142.72 feet, along a northerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 7+00.00, 17.00 feet Left;
Thence North 08 degrees 01 minutes 54 seconds West for a distance of 8.04 feet, along a westerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 7+00.00, 25.04 feet Left;
Thence South 78 degrees 50 minutes 32 seconds East for a distance of 26.47 feet, along a northerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 7+25.00, 16.33 feet Left;
Thence North 89 degrees 33 minutes 59 seconds East for a distance of 25.22 feet, along a northerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to an iron pin set at Station 7+50.00, 13.00 feet Left;
Thence North 81 degrees 58 minutes 06 seconds East for a distance of 3.62 feet, along a northerly line of said PARCEL 1-WD, crossing said 9.035-acre tract, to a point on a curve of the existing westerly right-of-way line of Broad Meadows Boulevard, and an iron pin set at Station 7+53.62, 13.00 feet Left;
Thence South 39 degrees 58 minutes 25 seconds East for a chord distance of 29.46 feet, with an arc length of 29.90 feet curving to the left, having a radius of 50.00 feet, a central angle of 34 degrees 16 minutes 05 seconds, along the existing westerly right-of-way line of Broad Meadows Boulevard, crossing said 9.035-acre tract, to the place of Beginning, and Containing 0.368 Acres of Land, more or less.
It is understood that the above described area contains a total of 0.368 acres, more or less, including the present road which occupies 0.000 acres, more or less, which is further described as being:
0.368 acres, more or less, including the present road which occupies 0.000 acres, more or less, to be deducted from the value of Auditor's Parcel Number 010-009002.
Grantor claims title by Official Record 33836A19 (for Auditor's Parcel No. 010-009002) of the 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 Ohio Department of Transportation, Columbus, Ohio.
The Basis of Bearing in this description was transferred from a GPS survey of Franklin County monuments FRANK 61 and FRANK 74 performed by Jones-Stuckey Ltd., Inc. in 2004, and is based on the NAD 83 (1986) Ohio State Plane Coordinate System South Zone, and determines the most westerly tangent of the centerline of right-of-way of Broad Meadows Boulevard as being North 87 degrees 01 seconds 58 minutes West.
All set iron pins are 3/4 inch diameter by 30 inch long rebar with yellow I.D. caps inscribed "O.D.O.T. District 6".
Description prepared from an actual field survey performed in the year 2004 by Jones-Stuckey Ltd., Inc. under the supervision of Dwight D. Stuckey, Ohio registered surveyor number 4992.
Dwight D. Stuckey, P.S. No. 4992 Date
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 the value of the subject real property interests to be Fifty Three Thousand Three Hundred Ninety Three Dollars ($53,393.00).
Section 4. 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 5. That for the reasons state in the preamble hereto, which are 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.