Title
A RESOLUTION DECLARING THE CITY’S INTENT TO APPROPRIATE A TEMPORARY EASEMENT INTEREST IN REAL PROPERTY, KNOWN AS PERMANENT PARCEL NO. 30-10358, 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 South from Stoney Hill Drive to Barlow Road in association with the SR 91 South Widening (PID 106445). The City’s consultant, O.R. Colan Associates, has been diligently trying to acquire the temporary easements, but has been unsuccessful with the properties noted below. Consequently, staff is requesting an emergency clause to keep the project on schedule according to the timetable approved by the Ohio Department of Transportation (ODOT).
Body
Legislative History
18-97 - Enter into Preliminary Engineering Agreement with GPD; 7/24/2018
18-0101 - Discussion on preliminary design; 10/9/2018
18-186 - Enter into LPA Agreement; 12/4/2018
20-165 - Submit to PC for Report and Recommendation; 12/15/2020
20-22 - Enter into Final Design Contract with GPD; 3/3/2020
21-30 - Enter into Contract with OR Colan for Acquisition Services; 3/16/2021
21-122 - Enter into Contracts for the Acquisition of Temporary Easements; 10/19/2021
Purpose & Explanation
Acquisition of the below parcels is necessary for the improvement of SR 91 South from Stoney Hill Drive to Barlow Road in association with the SR 91 South Widening Project. The parcel will be temporarily used for the widening of the roadway, and other improvements. Parcel exhibits showing the temporary easement areas are attached.
1.) Nicole Salmon - Summit County Parcel No. 30-10358, Parcel ID 10A-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 Ohio Revised Code, Chapter 163; Appropriation of Property. A more detailed memo regarding the appropriation process for these parcels is attached.
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.
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
Nate Wonsick, PE, Assistant City Engineer