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File #: 0041X-2020    Version: 1
Type: Resolution Status: Passed
File created: 2/12/2020 In control: Public Utilities Committee
On agenda: 3/16/2020 Final action: 3/19/2020
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 Linden Neighborhood Stormwater System Improvements Phase 2 Project. ($0.00)
Attachments: 1. 10 P- 1436 Oakland Park, 2. 18 T- 3065 Cheaves Place, 3. 26 P 3075 Framingham, 4. 26 T 3075 Framingham

EXPLANATION

 

BACKGROUND:  The City’s Department of Public Utilities (“DPU”) is performing the Linden Neighborhood Stormwater System Improvements Phase 2 Project (P610785-100000) (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of North Linden, Columbus, OH 43224 (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Number 2198-2017 authorizing the City Attorney to acquire the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate 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.

 

CONTRACT COMPLIANCE:  Not applicable.

 

FISCAL IMPACT: Not applicable.

 

EMERGENCY JUSTIFICATION: Not applicable.

 

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 Linden Neighborhood Stormwater System Improvements Phase 2 Project. ($0.00)

 

BODY

 

WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Utilities (“DPU”) to engage in the Linden Neighborhood Stormwater System Improvements Phase 2 Project (P610785-100000) (“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 North Linden, Columbus, OH 43224 (Real Estate”) in order to complete the Public Project; and

 

WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of the sewer infrastructure and associated appurtenances; and

 

WHEREAS, the City intends to appropriate and accept the Real Estate 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; and now, therefore:

 

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1.                     That the City, pursuant to the City’s Charter, Columbus City Revised Code, Chapter 909 (1959), Constitution of the state of Ohio, and Ohio Revised Code, Chapter 719, declares the necessity and intent to appropriate and accept the fee simple title and lesser real estate to the following listed parcels (“Real Estate”), which are fully described in their associated exhibits and incorporated into this resolution for reference, in order for the Department of Public Utilities (“DPU”) to complete the Linden Neighborhood Stormwater System Improvements Phase 2 Project (P610785-100000) (“Public Project”).

 

(Exhibit) … (Public Project Parcel Identification) … (Real Estate)

 

1)                     10-P                                           (Permanent Easement)

2)                     18-T                                          (One Year Temporary Easement)

3)                     26-P                                          (Permanent Easement)

4)                     26-T                                          (One Year Temporary Easement)

 

SECTION 2.                     That the City Attorney is authorized to cause a written notice of this resolution’s adoption to be served in the manner provided by law upon the owner(s), person(s) in possession, or person(s) possessing a real or possible real property interest of record in the Real Estate.

 

SECTION 3.                     This resolution shall take effect and be in full force and effect from and after the earliest period allowed by law.