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TO APPROPRIATE A FEE SIMPLE INTEREST IN A 0.0092 ACRE TRACT OF LAND, OWNED BY MCDONALD'S CORPORATION, FNA FRANCHISE REALTY INTERSTATE CORPORATION; FOR THE PURPOSE OF WIDENING THE HAMILTON/GRANVILLE INTERSECTION, IMPROVEMENT NO. 883; AND TO DECLARE AN EMERGENCY.
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WHEREAS, the City of Gahanna is prepared to improve the Hamilton/Granville intersection as described by plans designated as Improvement No. 883 and said roadway is to be open to the public; and
WHEREAS, the improvement will require the City of Gahanna to obtain fee simple interests and a temporary easement to the property described in the attached exhibit; and
WHEREAS, a resolution of necessity and intent was adopted by Council in SR-0026-2009 on October 19, 2009; and
WHEREAS, it is imperative to move forward as quickly as possible in order to be able to move forward timely with the roadway project, and all for the preservation of the public peace, property, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That fee simple interests and a temporary easement in and to the premises located in the area of 110 North Hamilton Road, and more fully described in the legal description attached hereto as EXHIBIT A, are hereby appropriated for the public purpose of improvement of the Hamilton/Granville intersection pursuant to the Ohio Revised Code Chapters 163, 715, 717, and 719; and the Constitution of the State of Ohio and other applicable laws.
Section 2. That the appraised value of all the interests appropriated is Six Hundred Eighty Five Dollars ($685) including damages to residual lands, if any, which sum shall be deposited with the Franklin County Common Pleas Court for the use and benefit of the owners of the property appropriated and that upon such deposit, the City of Gahanna shall take possession of and enter upon the property pursuant to law.
Section 3. That the Mayor is authorized to serve notice of intent to acquire in accordance with Chapter 163 of the Ohio Revised Code.
Section 4. That the City Attorney, or his designee, is directed to file a petition for appropriation in the Franklin County Common Pleas Court, to have a jury impaneled to assess the compensation for the real estate herein described above should the City be unable to agree with the owners of the property.
Section 5. That the City Attorney hereby designates Craig Paynter Attorney, to perform the filing and all necessary legal work required to acquire the property.
Section 6. That SIX HUNDRED EIGHTY FIVE DOLLARS ($685) has been appropriated to Account No. 101.145.5513, Streets/Engineering, to cover the herein costs.
Section 7. That, for the reasons set forth in the preamble herein above, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.