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File #: 0320-2020    Version: 1
Type: Ordinance Status: Passed
File created: 1/27/2020 In control: Public Service & Transportation Committee
On agenda: 2/10/2020 Final action: 2/13/2020
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 Intersection Improvements - Hilliard Rome Road at Feder Road Project; and to declare an emergency. ($563,995.00)

EXPLANATION

 

BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Intersection Improvements - Hilliard Rome Road at Feder Road Project (FRA-CR03-12.96 PID 98557) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Hilliard Rome Road at Feder Road (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Number 1821-2018 authorizing the City Attorney to acquire the Real Estate. Furthermore, the City also adopted Resolution Number 0013X-2019 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 Hilliard Rome Road 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 Resolution Number 0013X-2019. 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 the Federal Grants Fund, Fund 7765 (80%) pursuant to existing Auditor’s Certificate ACDI000601-10 and the State & Highway GO Bond Fund, Fund 7704 (20%) pursuant to existing Auditor’s Certificate ACDI000602-20.

 

 

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 Intersection Improvements - Hilliard Rome Road at Feder Road Project; and to declare an emergency. ($563,995.00)

 

BODY

 

WHEREAS, the City intends to make, improve, or repair certain public right-of-ways by completing the Intersection Improvements - Hilliard Rome Road at Feder Road Project (FRA-CR03-12.96 PID 98557) (“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 Hilliard Rome Road at Feder Road, Columbus, Ohio; and

 

WHEREAS, the City, pursuant to the passage of Ordinance Number 1821-2018 and the adoption of Resolution Number 0013X-2019, 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 Hilliard Rome Road at Feder Road, Columbus, Ohio, which will be open to the public without charge; and

 

WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to declare the City’s intent 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 Number 0013X-2019 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 Intersection Improvements - Hilliard Rome Road at Feder Road Project (FRA-CR03-12.96 PID 98557) (“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 4-WD1, -WD2, -CH, -T1, -T2 -FMVE $142,548

LJKJ Rome Hilliard, LLC, Roy Hoffman, dec’d, & Ruth Ann Hoffman

c/o Clinton P. Stahler, Esq.

500 S. Front St., Ste. 1200

Columbus, OH 43215

 

Parcel 8WD1,WD2,T-FMVE-$22,514

Campbell Oil Company

7977 Hills & Dales Road NE

Massillon, Ohio 44646

 

Parcel 9-WD, -T - FMVE $76,983

The Richland Trust Company of Mansfield, Ohio, Trustee of the Barr Irrevocable Trust dated 5/2/96

The Richland Trust Company of Mansfield, Ohio, Trustee of the Don Barr GST Non-Exempt Trust A

The Richland Trust Company of Mansfield, Ohio, Trustee of the Donald W. Barr GRAT Trust FBO Melanie Staker

The Richland Trust Company of Mansfield, Ohio, Trustee of the Donald W. Barr GRAT Trust FBO Donna Jeanne Barr

c/o Huntington National Bank - Attn: Argirios Ragias

700 Easton Oval- EA5W83

Columbus, OH 43219

 

And

 

Steak N Shake, Inc.

c/o Callie Baldwin

107 South Pennsylvania Street, Suite 400

Indianapolis, IN 46204

 

Parcel 10-WD2  FMVE $37,580

Brynhaven Development Corporation

c/o Ronnie Beitzel, President

5017 Pine Creek Dr.

Westerville, OH 43081

 

Parcel 25WD,T-FMVE $24,570

Waypoint Midwest A Owner, LLC

3475 Piedmont Road NE, Suite #1640

Atlanta, GA 30305

 

Also

Jonathan M. Brundige

Chief of Portfolio Management

9 West Broad Street, Suite 800

Stamford, CT 06902

 

Parcel 25A-WD FMVE $203,230

Metro Development, LLC

c/o John M. Kuhl, Partner

Vorys Legal Counsel

52 East Gay Street

Columbus, Ohio 43215

 

Parcel 29-WD FMVE $17,600

Sam and Izzy 1, LLC

c/o Joseph Miller

Vorys, Sater, Seymour and Pease LLP

52 East Gay Street

Columbus, Ohio 43215

 

Parcel 31WD-FMVE $3,310

Image Hospitality, LLC

5655 Feder Road

Columbus, Ohio  43228

 

Parcel 33WD,T - FMVE $25,615

Andover Park II, LLC

GL Administrative Services

30195 Chagrin Boulevard #300

Pepper Pike, Ohio 44124

 

Parcel 34-WD -FMVE $2,745

LJKJ Rome Hilliard, LLC, Roy Hoffman, dec’d, & Ruth Ann Hoffman

c/o Clinton P. Stahler, Esq.

500 S. Front St., Ste. 1200

Columbus, OH 43215

 

Parcel 36WD  FMVE: $7,300

G&I IX Fisher, LLC

c/o Stephen Griffith, Jr.

Taft Stettinius & Hollister LLP

425 Walnut Street, Suite 1800

Cincinnati, OH 45202-3957

&

G&I IX Fisher, LLC

c/o Lauren Beuerlein

220 East 42nd St., 27th floor

New York, NY 10017

 

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 Hilliard Rome 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 Five Hundred Thousand Sixty-three Nine Hundred Ninety-Five and 00/100 U.S. Dollars ($563,995.00) or so much as may be needed from existing Auditor’s Certificates  ACDI000601-10 (80%) and ACDI000602-20 (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 ordinance and fully 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 ordinance’s adoption and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes this ordinance.