Title
A RESOLUTION DECLARING THE CITY’S INTENT TO APPROPRIATE PROPERTY FROM VARIOUS PROPERTY OWNERS FOR THE MAKING OF ROADS OPEN TO THE PUBLIC WITHOUT CHARGE; AND DECLARING AN EMERGENCY.
Brief Description: Acquisition of these parcels is necessary for the improvement of SR 91 North from Brandywine Drive to Middleton Road in association with the SR 91 North Turn Lane Improvement Project (PID 93822).
Body
Legislative History
14-113 - Authorize amended LPA Agreement, 9/3/2014
16-0067 - Discussion on Cost Estimates and Recommendations, 7/12/2016
17-7 - Authorize Contract with ms consultants for design, 1/17/2017
18-57 - Enter into Contract with Bowman Appraisal Services, 5/1/2018
18-58 - Enter into a Contract with OR Colan for ROW Acquisition Services, 5/1/2018
Purpose & Explanation
Acquisition of the below parcels is necessary for the improvement of SR 91 North from Brandywine Drive to Hines Hill Road in association with the SR 91 North Turn Lane Improvement Project. The parcels will be used for improvements to the roadway shoulder, storm sewer, lighting improvements, a new 8-foot pedestrian sidewalk on the east side of the road, two 12-foot through lanes, new 11-foot turn lanes at Valley View Road, Herrick Park Drive and Hines Hill Road intersections, 5-foot bike lanes on both sides of the road and a drainage/water quality swale on the west side of the road and resurfacing of the entire project corridor from Brandywine Drive to Middleton Road (1.24 miles).
1.) Sorgi Rental Properties, LTD. - Summit County Parcel Nos. 30-04783 and 30-02884, Parcel ID 15-T
2.) Sorgi Rental Properties, LTD. - Summit County Parcel No. 30-04218, Parcel ID 17A-WDR, 17A-T
3.) 7041 Darrow Road, LTD. - Summit County Parcel No. 30-04219, Parcel ID 17-WDR1, 17-WDR2, 17-T1, 17-T2
4.) Matthew L. Campbell - Summit County Parcel Nos. 30-01128 and 30-01129, Parcel ID 18-WD
5.) Nancy J. Sorgi, Trustee - Summit County Parcel No. 30-03445, Parcel ID 20-WD, 20-T
6.) Clarence E. Danford - Summit County Parcel No. 30-00588, Parcel ID 22-WD
7.) Maria Andrea Berti Stein and James Edward Stein - Summit County Parcel No. 30-06234, Parcel ID 27-T
8.) John C. Heinnickel - Summit County Parcel No. 30-01696, Parcel ID 31-T
9.) Victor W. Fowler and Lorette M. Fowler - Summit County Parcel No. 30-07733, Parcel ID 34-WD, 34-T
10.) Darren Oddenino and Jennifer Oddenino - Summit County Parcel No. 30-09609, Parcel ID 35-WD, 35-T
11.) Cory Skinner and Stephanie M. Liddy - Summit County Parcel No. 30-02225, Parcel ID 40-T
12.) John T. Sisler - Summit County Parcel No. 30-04644, Parcel ID 44-T
13.) Charles L. Greene - Summit County Parcel No. 30-02227, Parcel ID 49-T
14.) Thaddeus C. Bosman and Tina M. Bosman - Summit County Parcel No. 30-00495, Parcel ID 51-T
To date, the City’s consultant, OR Colan, has been unsuccessful in acquiring these properties, in accordance with the federally mandated real estate transaction process. This process is in accordance with ORC 163; appropriation of property.
Prior to filing an appropriation or eminent domain action in the Summit County Probate Court, the Council must adopt two pieces of legislation at separate meetings. First, a Resolution of Intent to appropriate the parcels must be adopted, which will declare the intent to appropriate, define the purpose of the appropriation and set forth a description of the land to be appropriated.
After the Resolution of Intent is passed, a certified copy of the Resolution must be served on the property owners. Once proper service is confirmed, the Council must adopt an Ordinance to Proceed with the appropriations which will authorize the required funds to be appropriated and direct the City Solicitor to file the petitions to appropriate with the Court. The Ordinance to Proceed is currently scheduled for the August 6, 2019 Council agenda.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes - In order to keep the project on schedule
No
Recommendation
Suggested Action
Staff recommends the passage of this Resolution in order to keep the project on schedule.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, PE, PS, Assistant City Manager - Professional Services
Bradley S. Kosco, PE, PS, City Engineer