2024R-6 A RESOLUTION DECLARING IT NECESSARY TO APPROPRIATE AN INTEREST IN LAND FROM AMANDA LOS, TRUSTEE OF THE URSIC FAMILY IRREVOCABLE TRUST DATED 6-1-2020 (8-T) FOR THE PURPOSE OF CONSTRUCTING A SIDEWALK AS PART OF THE CITY’S SAFE ROUTES TO SCHOOLS PROJECT IN THE CITY OF VERMILION AND DECLARING AN EMERGENCY.
WHEREAS, the City of Vermilion, pursuant to contract with the Ohio Department of Transportation (ODOT), is constructing sidewalks along Langfitt Street, West River Road, Sweetbriar Drive, Larchmont Drive, Pineview Drive, and Mapleview Drive as part of a Safe Routes to Schools project; and
WHEREAS, pursuant to Chapter 163 of the Ohio Revised Code, it is necessary for the City to appropriate all the necessary interests in land for the purpose of constructing said sidewalk and all appurtenances thereto; and
WHEREAS, with respect to property owned by Amanda Los, Trustee of The Ursic Family Irrevocable Trust dated 6-1-2020, a temporary construction easement has been identified as necessary for the completion of the project; and
WHEREAS, Council hereby declares that the appropriation of land is necessary and will promote the health, safety, and welfare of the citizens of Vermilion and the general public by allowing for the construction of sidewalks along Langfitt Street, West River Road, Sweetbriar Drive, Larchmont Drive, Pineview Drive, and Mapleview Drive and thereby enhance pedestrian accessibility in this area of the City of Vermilion and is a public use, as defined in Ohio Revised Code Section 163.01(H)(2).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VERMILION, COUNTY OF ERIE AND STATE OF OHIO:
SECTION 1: That Council hereby declares it necessary to appropriate interests in real estate for the public purpose as defined in ORC 163.01(H)(2) of constructing sidewalks along Langfitt Street, West River Road, Sweetbriar Drive, Larchmont Drive, Pineview Drive, and Mapleview Drive, to wit, a temporary construction easement in and over premises owned by Amanda Los, Trustee of The Ursic Family Irrevocable Trust dated 6-1-2020 (8-T) located in the City of Vermilion and more fully described in the attached Exhibit A, all of which are incorporated herein by reference.
SECTION 2: The Clerk of Council is hereby directed to serve notice of the passage of this Resolution on the owner of the above-described property as provided by law. The Notice of Intent to Acquire and Good Faith Offer and appraisal required by Ohio Revised Code 163.04 was delivered in person to the property owner on November 3, 2023.
SECTION 3: That it is found and determined that all formal actions of the Council of the City of Vermilion concerning and relating to the adoption of this Resolution were taken in an open meeting of the Council of the City of Vermilion and that all deliberations of this City’s Council and any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 4: That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety, and welfare of the citizens of the City of Vermilion, the immediate emergency being the necessity to appropriate the aforementioned interests in land for the construction of sidewalks, to wit: sidewalks along Langfitt Street, West River Road, Sweetbriar Drive, Larchmont Drive, Pineview Drive, and Mapleview Drive; therefore, this Resolution shall be in full force and effect immediately upon its passage and approval by the Mayor.