RESOLUTION NO. 2015-06
A RESOLUTION OF INTENTION TO APPROPRIATE CERTAIN LAND
LOCATED ALONG HARRMANN ROAD FROM THE INTERSECTION
OF CANAL STREET SOUTH TO THE INTERSECTION OF VICTORY LANE/HARRMANN ROAD FOR PUBLIC RIGHT-OF-WAY PURPOSES;
AND DECLARING THE SAME AN EMERGENCY
WHEREAS, the Council of the Village of Antwerp enacted an Ordinance, Ordinance No. 2015-08, approving preliminary participatory legislation for the project identified as PAU SRTS Antwerp Phase II PID 93589 on February 23, 2015, said Ordinance providing the Ohio Department of Transportation consent to construct the sidewalks along the west side of Harrmann Road from the Antwerp School to Canal Street and along the north side of Canal Street from Harrmann Road westerly to Kroos Street; and
WHEREAS, as part of this project, right-of-way must be acquired on the property along the west side of Harrmann Road from Canal Street; and
WHEREAS, the Council of the Village of Antwerp enacted an Ordinance, Ordinance No. 2015-13, authorizing the Village Administrator to enter into an agreement with O.R. Colan Associates for the purpose of right-of-way acquisition for the Safe Routes to School Program identified herein; and
WHEREAS, O.R. Colan Associates provided notice to the owner of the Village’s intent to acquire the property. O.R. Colan Associates also provided a value analysis and good faith offer to purchase the property to the property owner. O.R. Colan Associates’ efforts to acquire a right-of-way from the property owner of said property has been unsuccessful and, in order to proceed with the project, the Village of Antwerp must declare its intent to appropriate such right-of-way to allow the Ohio Department of Transportation to construct the sidewalks along the west side of Harrmann Road from the Antwerp School to Canal Street; and
WHEREAS, Ohio Revised Code Section 719.04 prescribes that the legislative authority of a municipal corporation, whenever it is deemed necessary to appropriate property, must pass a resolution declaring such intent, defining the purpose of the appropriation, and setting forth the pertinent description of the land and the estate or interest therein described to be appropriated.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Antwerp, Paulding County, Ohio:
Section 1. It is the intent of the Village of Antwerp to appropriate a right-of-way along the west side of Harrmann Road from Canal Street to the intersection of Victory Lane with Harrmann Road owned by Troy N. Russell, which is more particularly described in the legal description attached to this Resolution which is incorporated herein by this reference, said right-of-way part of a larger tract commonly known as 201 South Harrmann Road, Antwerp, Ohio 45813.
Section 2. The purpose of the acquisition is to acquire the right-of-way necessary for the construction of the public sidewalks by the Ohio Department of Transportation as part of the Safe Routes to School Program.
Section 3. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in an open meeting of the Council, and that all deliberations of the Council and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.
Section 4. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the reason to expedite the project referenced herein and to promote highway safety. This Resolution shall take effect and be in force immediately after its passage and approval, otherwise, it shall take effect and be in force from and after the earliest period allowed by law.
Passed this _____ day of October, 2015.
Thomas D. Van Vlerah, Mayor
Aimee Lichty, Fiscal Officer