EXPLANATION
BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the FRA-16-9.27 Broad Street Phase 2 Project (Project No. 530103-100066, PID 115646) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of East Broad Street east of I-270 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 0840-2025 and 2956-2025 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution 0246X-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 located in the vicinity of East Broad Street east of I-270 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 Resolutions 0246X-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 ACDI002546-10, fund number 7765, Federal Transportation Grants Fund for 80% and ACDI002546-20, fund number 7704, Streets and Highway GO Bonds Fund for 20%, pursuant to ordinance number 0840-2025, until depleted; and then ACDI002726-10, fund number 7704, Streets and Highway GO Bonds Fund, pursuant to ordinance number 2956-2025, until depleted; and then ACDI002726-20, fund number 7704, Streets and Highway Go Bonds Fund, until depleted; and then ACDI002726-30, fund number 7704, Streets and Highway Go Bonds Fund.
EMERGENCY JUSTIFICATION: Not applicable.
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 Broad Street Phase 2 Project and to authorize an expenditure of Four Hundred Ninety-Two Thousand and Fifty-Two dollars. ($492,052.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the FRA-16-8.24 Broad Street Phase 2 Project (Project No. 530103-100066, PID 115646) (“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 East Broad Street east of I-270; and
WHEREAS, the City, pursuant to the passage of Ordinance Numbers 0840-2025 and 2956-2025, and the adoption of Resolution Number 0246X-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 East Broad Street east of I-270, which will be open to the public without charge; and
WHEREAS, it has become necessary in the usual daily operations of DPS 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 0246X-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 FRA-16-9.27 Broad Street Phase 2 Project (Project No. 530103-100066, PID 115646) (“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 No.: 40-WD, -T FMVE: $21,236
WH Capital, L.L.C.
c/o Corporation Service Company
1160 Dublin Road, Suite 400
Columbus, Ohio 43215
Parcel 50-WD, -T FMVE $51,898.00
Tim Donut U.S. Limited, Inc.
5707 Blue Lagoon Drive
Miami, FL 33126
AND
Tim Donut U.S. Limited, Inc.
PO Box 460389
Houston, TX 77056
Parcel 53-WD, -SH, -T FMVE $36,076
AFI East Broad Commons LLC
c/o Pegasus Asset Management Inc.
Attn: Connor Dickel
1901 Avenue of the Stars, Suite 630
Los Angeles, CA 90067
Parcel 56-WD, -U, -T FMVE $1,159
Columbus Corporate Center, Inc.
c/o C.H. Waterman, E.V.P. & General Counsel
250 Civic Center Drive, Suite 500
Columbus, OH 43215
Parcel No. 57-WD, -SL, -U, -T FMVE $183,461
Menards Inc.
Attn: Property Division
5101 Menard Drive
Eau Claire, WI 54703
Parcel No. 59-WD, -SW, -T1, -T2 FMVE $60,123
RB Broad, LLC
c/o Don Plank
411 East Town Street, Floor 2
Columbus, OH 43215
Parcel No. 60-WD, -CH1, -CH2, -T1, -T2, -T3, -T4 FMVE $99,765
Broad Street Retail, LLC
c/o Mark A. Damante, Reg. Agent
150 E. Broad Street, Suite 800
Columbus, OH 43215
Parcel No. 61-CH, -T1, -T2 FMVE $29,744
The Villas at East Pointe Condominium Association
c/o Sherrie McCall
4249 Easton Way, Suite 220
Columbus, OH 43219
Parcel No. 69-SW, -T1, and -T2 FMVE: $8,290
Charley’s Steakery, Inc.
c/o Gosh Enterprises, Inc.
Attn: LEGAL
5000 Arlington Centre Blvd., Suite 5300
Columbus, Ohio 43220-3383
Parcel No. 97-WD FMVE $300
Columbus Corporate Center, Inc.
c/o C.H. Waterman, E.V.P. & General Counsel
250 Civic Center Drive, Suite 500
Columbus, OH 43215
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 East Broad Street east of I-270 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 Four Hundred Ninety-Two Thousand and Fifty-Two dollars ($492,052), or so much as may be needed from existing ACDI002546-10, fund number 7765, for 80% and ACDI002546-20, fund number 7704, for 20%, until depleted; and then ACDI002726-10, fund number 7704, until depleted; and then ACDI002726-20, fund number 7704, until depleted; and then ACDI002726-30, Fund number 7704.
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 shall take effect and be in full force and effect from and after the earliest period allowed by law.