EXPLANATION
BACKGROUND: The City’s Department of Public Service (DPS) is performing Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee (FRA-SR317-10.630 PID Number 95570) Public Improvement Project (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Hamilton Road between Refugee and I-70 (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 0229-2017 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolutions 0003X-2018 and 0297X-2018 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 Hamilton Road between Refugee Road and I-70 Columbus, Ohio 43232 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 0003X-2018 and 0297X-2018. 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 a reimbursement grant in the Federal Transportation Grants Fund, Fund 7765, Grant #G591703 (Hamilton RD I70 to Refugee Rd PID95570). This grant pays for 90% of allowable costs, requiring a 10% local match. The 10% local match will come from the Streets and Highways Bond Fund, Fund 7704, Project P530103-100052 (Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee Road). Auditor’s Certificate ACDI000475 was previously established via Ordinance 3311-2017 for the purpose of acquiring the needed Real Estate. ACDI000475-10 will be used for the 90% reimbursable grant portion of the acquisitions, and ACDI000475-20 will be used for the 10% local match portion. No additional funding is being requested at this time.
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 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 Street Rehabilitation - Hamilton Road - I-70 to Refugee Public Improvement Project; and to declare an emergency. ($630,758.00)
BODY
WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee (FRA-SR317-10.630 PID Number 95570) Public Improvement Project (“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 Hamilton Road between Refugee Road and I-70 Columbus, Ohio 43232; and
WHEREAS, the City, pursuant to the passage of Ordinance Number 0229-2017 and the adoption of Resolution Numbers 0003X-2018 and 0297X-2018, 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 Hamilton Road between Refugee Road and I-70 Columbus, Ohio 43232, which will be open to the public without charge;
WHEREAS, an emergency exists in the usual daily operations of DPS in that it is immediately necessary 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 (i.e. Real Estate) are (i) fully described in Resolution 0003X-2017 and incorporated into this ordinance for reference as if rewritten, and (ii) to be immediately appropriated and accepted for the public purpose of DPS timely completing the Arterial Street Rehabilitation - Hamilton Road - I-70 to Refugee (FRA-SR317-10.630 PID Number 95570) Improvement Project (“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
12-T FMVE $1,559.00
S & S Shopping Center, Ltd
40 NE Loop 410, Suite 185
San Antonio, TX 78216
15-T FMVE $3,543.00
AJV Capital Holdings, LLC (Fee owner)
7056 Archibald Ave., #102-313
Eastvale, CA 92880
DIlman Rabati (Tenant- 99 year lease)
3100 S. Hamilton Road
Columbus, OH 43232
17-WD, -T FMVE $7,113.00
JDH Properties, LLC
c/o Richard T. Ricketts
50 Hill Road South
Pickerington, OH 43147
18-WD, -T FMVE $19,671.00
Spirit SPE Portfolio 2004, LLC
c/o Kayode Ola
2727 North Harwood Street, Suite 300
Dallas, TX 75201
20-T FMVE $7,549.00
Store Master Funding VIII, LLC
c/o Karen Chambrski
8377 E. Hartford Dr, Suite 100
Scottsdale, AZ 85255
23-T FMVE $6,221.00
Global School Properties Ohio LLC
1650 Tysons Blvd., Suite 630
McLean, VA 22102
25-T FMVE: $5,865.00
Eastland Mall Holdings LLC
201 St Charles Ave., Suite 4600
New Orleans, LA 70170
26-T FMVE $8,275.00
Pep Boys - Manny Moe & Jack of Delaware, Inc.
c/o Tony DiFlavis
3111 W. Allegheny Ave
Philadelphia, PA 19132
27-WD -T1 -T2 FMVE $ 167,645.00
Eastland Mall Holdings LLC
201 St Charles Ave., Suite 4600
New Orleans, LA 70170
32-T FMVE $300.00
Burger King Corporation
5707 Blue Lagoon Drive
Miami Florida 33126
Parcel 33 T FMVE $6,277.00
The City National Bank and Trust Company of Columbus
C/o JPMorgan Chase/Global Real Estate
1111 Polaris Parkway
Columbus Ohio 43240
34-T FMVE $5,839.00
S & S Shopping Center, Ltd
40 NE Loop 410, Suite 185
San Antonio, TX 78216
40-WD, -T FMVE $5,734.00
V & W Horiuchi LLC
1821 Fulton Street
Palo Alto, CA 94303
42-T1, -T2 FMVE $1,646.00
Impala Capital, LLC
P.O.Box 110962
Campbell, CA 95011
46-T FMVE $1,843.00
Realty Income Corporation
11995 El Camino Real
San Diego, CA 92130-2565
50-T-FMVE $3,325.00
Marshall Acquisitions LLC
2910 Berwick Blvd.
Columbus, Ohio 43205
53-T1, T2-FMVE -$3,415.00
Eastland-Hamilton, LLC
2910 Berwick Blvd.
Columbus, Ohio 43209
54-WD-FMVE-$48,788.00
2150 Investment Co.
4329 Shelbourne Lane
Columbus, OH 43220
55-WD,-T-FMVE $175,722.00
ARCP RL Portfolio X, LLC
2325 E. Camelback Road #1100
Phoenix, AZ 85016
55-BS- FMVE-$27,958.00
Red Lobster Hospitality, LLC
C/O
Golden Gate Private Equity, Inc
One Embarcadero Center 39th Floor
San Francisco, CA 94111
56-WD, -T- FMVE-$114,415.00
CCHCC Operations, LLC
4100 Coca-Cola Plaza
Charlotte, NC 28211
73T FMVE-$$325.00
Eastland Center LLC
1568 Hunt Club Dr.
Milford, OH 45150
74T FMVE $665.00
Buckeye State 3530, LLC
c/o Scandinavian Designs Inc.
2250 S. McDowell Blvd.
Petaluma, CA 94954
76WD, T FMVE $7,065.00
Owner: Sylvestre Eastland LLC
3781 Brookmere Place
Mason, OH 45040
Tenant: Eastland Performance Academy
c/o Amy Borman, Esq.
Dickinson Wright PLLC
150 E. Gay St Floor 24
Columbus, Ohio 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 Hamilton Road 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 Six Hundred Thirty Thousand Seven Hundred Fifty-Eight and 00/100 U.S. Dollars ($630,758.00), or so much as may be needed from existing Auditor’s Certificates ACDI000475-10 and ACDI000475-20.
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 resolution and full 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 resolution’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor approves nor vetoes this resolution.