Title
AN ORDINANCE TO APPROPRIATE PROPERTY FROM COER PROPERTIES, TRAILS OF HUDSON TWO, LLC AND MILKMART PROPERTY II, LLC FOR THE MAKING OF ROADS OPEN TO THE PUBLIC WITHOUT CHARGE; AND DECLARING AN EMERGENCY.
Executive Summary: This is the second piece of legislation required in order to proceed with the property acquisitions for SR 91 and Norton Road Intersection Improvement Project.
Body
Legislative History
Resolution 12-136 ODOT/LPA Agreement.
Resolution 13-137 Enter into a Cost Share and Cooperative Agreement with City of Stow.
Resolution 13-138 Enter into an Engineering Design Contract with URS
Resolution 15-139 Fifth Third Bank ROW Acquisition
Resolution 15-140 Martha Englehart ROW Acquisition
Resolution 15-151 Declaring City’s Intent to Appropriate
Purpose & Explanation
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, this was passed by Council on October 6, 2015. All property owners involved were served with a certified copy of Resolution No. 15-151, and proper service was confirmed.
In order to authorize the required funds to be appropriated and direct the City Solicitor to file the petitions to appropriate with the Court, this Ordinance to Proceed must be adopted by Council.
The total fair market value for all 6 parcels is $124,340.00. Below is a summary of the fair market value for each parcel:
COER Properties
Parcel: 30-09887 - $14,540.00
Parcel: 30-09997 - $6,250.00
Parcel: 30-09974 - $31,295.00
Parcel: 30-09886 - $26,205.00
Milkmart Property II, LLC
Parcel: 30-09439 - $43,240.00
Trails of Hudson Two, LLC
Parcel: 30-09439 - $2,810.00
Timing Considerations
Filing for access to these parcels will occur as soon as feasible, upon Council approval. Utility relocation will be able to proceed with this access. Initiation of construction activity is expected by March, 2016.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends the passage of this Ordinance in order to keep the project on schedule. City staff is also requesting that an emergency clause be added to the legislation in order to protect the welfare and safety of the public.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, PE, PS, City Engineer
Christopher J. Papp, PE, Assistant City Engineer