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File #: 0268X-2016    Version: 1
Type: Resolution Status: Passed
File created: 11/3/2016 In control: Public Service & Transportation Committee
On agenda: 11/21/2016 Final action: 11/23/2016
Title: To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Livingston Avenue Phase C- Fifth Street to Kennedy Drive (530161-100166) Public Improvement Project (“Public Project”); and to declare an emergency. ($0.00)
Attachments: 1. 11 - Columbus Board of Education 11WD, 11T1, 11 T2, 11T3, 11 T$. 11T5,, 2. 12 - GMC Real Estate Investments 12 P, 12 T, 3. 13 - The Livingston Group Ltd 13 P, 13 T, 4. 14 - Toula Management LLC 14 T, 5. 18 - Siewert 18 T, 6. 19 - 313 East Livingston Avenue LLC 19 T, 7. 20 - CBS 20 T, 8. 22 - Bodies of Stamina and Strength LLC 22 T, 9. 23 - Spencer- 23 T, 10. 24 - Jordan and Michael 24 T, 11. 26 - Nationwide 26 WD, 26 T, 12. 27 - Education First Credit Union 27 WD, 27 T, 13. 28 - Livingston Lathrop Ltd 28 WD, 28 P. 28 T, 14. 29 - Livingston 431 LLC T 1, T2, 15. 30 - Evergreen Quality Catering 30 WD, 30 T, 16. 31 - 281 Livingston LLC 31 P, 31-T
...EXPLANATION

BACKGROUND:

The City’s Department of Public Service (DPS) is performing the Livingston Avenue Phase C- Fifth Street to Kennedy Drive (530161-100166) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located along the public right-of-way of Livingston Avenue from Fifth Street to Kennedy Drive, Columbus, Ohio 43215 (collectively, “Real Estate”) in order for DPS to complete the Public Project. Previously, the City passed Ordinance Number 2407-2016 authorizing the City Attorney to acquire the Real Estate. The acquisition of the Real Estate will help make, improve, or repair certain portions of the Livingston Avenue public roadway and associated appurtenances, which will be open to the public without charge. Accordingly, in order to complete the Public Project in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation, the City will need to appropriate the Real Estate.

CONTRACT COMPLIANCE:

Not applicable.

FISCAL IMPACT:

Not applicable.

EMERGENCY JUSTIFICATION:

Emergency action is requested in order to acquire the Real Estate and allow DPS to timely complete the Public Project without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.

...TITLE

To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Livingston Avenue Phase C- Fifth Street to Kennedy Drive (530161-100166) Public Improvement Project (“Public Project”); and to declare an emergency. ($0.00)

...BODY

WHEREAS, the City intends to make, improve, or repair certain public roadway and associated appurtenances by completing the Livingston Avenue Phase C - Fifth Street to Kennedy Drive (530161-100166) Public Improvement Project (“Public Project”);

WHEREAS, t...

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