Title
A RESOLUTION DECLARING THE CITY'S INTENT 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: Acquisition of these properties was discussed in Executive Session on September 22, 2015.
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
Purpose & Explanation
Acquisition of these parcels is necessary for the improvement of SR 91 and Norton Road in association with the SR 91 and Norton Road Intersection Improvement Project. The parcels will be used for SR 91 and Norton Road rehabilitation, including widening, curbs, storm sewer, sidewalks/multi-use path, and associated landscape improvements. To date, the City's consultant, AECOM, 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 petit...
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