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File #: 3283-2018    Version: 1
Type: Ordinance Status: Passed
File created: 11/16/2018 In control: Public Service & Transportation Committee
On agenda: 12/10/2018 Final action: 12/13/2018
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)
Attachments: 1. Legislation Report

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.