Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from the State of Ohio asking that the City transfer three small portions of right-of-way to the State that were originally intended to be transferred in 1930 as authorized by Ordinance 24-30. During the State’s recent evaluation of its properties within the Downtown area, it was discovered that the deeds for these three properties where never recorded at the Franklin County Recorder’s Office and therefore not transferred to State ownership. These portions of right-of-way are located along the east side of Civic Center Drive, between West Broad Street and West Town Street and are more specifically detailed and depicted on the attached exhibit. The State of Ohio is requesting that a deed be prepared by the City of Columbus and recorded at the Franklin County Recorder’s Office to clear title and legitimize the transfer of these three parcels.
After investigation by Infrastructure Management staff it has been determined that transferring these portions of right-of-way to the State of Ohio subject to the retention of a general utility easement for those utilities currently located within these right-of-ways, will not adversely impact the City and will finalize the intent of Council’s 1930 ordinance. Therefore, these right-of-ways should be transferred to the State of Ohio at no charge, Land Review Commission provisions of Columbus City Codes should be waived, and an emergency declared to allow the transfer of the property at the earliest date possible
2. Fiscal Impact
N/A
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing the State to complete resolution of title issues and to proceed without delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer three small portions of right-of-way to the State of Ohio; to waive the Land Review Commission requirements of Columbus City Codes, to the extent that they may apply to this transfer; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from the State of Ohio asking that the City transfer of three small portions of right-of-way to the State: as originally intended in 1930 by City Council Ordinance 24-30; and
WHEREAS, during an evaluation of their properties within the Downtown area it was discovered that the deeds for these properties where not recorded at the Franklin County Recorder’s Office. These portions of right-of-way are located along the east side of Civic Center Drive, between West Broad Street and West Town Street and are more specifically detailed and depicted on the attached exhibit; and
WHEREAS, the State of Ohio has requested that a deed be prepared by the City of Columbus and be recorded at the Franklin County Recorder’s Office to clear title and legitimize the transfer of these three parcels to State ownership; and
WHEREAS, after investigation by Infrastructure Management staff it has been determined that transferring these portions of right of way to the State of Ohio, subject to the retention of a general utility easement for those utilities currently located within these right-of-ways, will not adversely impact the City and will finalize the intent of the Council’s 1930 ordinance; and
WHEREAS, the following legislation authorizes the Director of the Public Service Department to execute those documents required to transfer three small portions of right-of-way to the State of Ohio; to waive the Land Review Commission requirements of Columbus City Codes, to the extent that they may apply to this transfer; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to transfer the property in order to proceed without delay, all for the public safety, health and welfare; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Service be and is hereby authorized to execute a quit claim deed and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to transfer the following described rights-of-way to the State of Ohio; to-wit:
Parcel l
Situated in the County of Franklin, State of Ohio, City of Columbus, and being a part of Capital Street vacated by the council of the city of Columbus by Ordinance No. 1836, passed October 26, 1885, and parts of lots 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788 and 789 of Wharf Lots Addition to the City of Columbus as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 9, page 372, Franklin County Recorder's Office, the aforesaid parts intended herein to be conveyed being more particularly described as follows:
Beginning at the intersection of the west line of Scioto Street with the north line of State Street, being also the southeast corner of said Wharf lot No. 789;
Thence northwardly with the said west line of Scioto Street 404.62 feet to an angle in the said west line of Scioto Street;
Thence northwestwardly with the northwesterly line of Scioto Street 77.83 feet to a point;
Thence southwardly on a line curved to the west with a radius of 1262.44 feet to a distance of 478.61 feet (arc measurement) to a point in the said north line of State Street, being also in the south line of said Wharf lot No. 789;
Thence eastwardly with the said north line of State Street 20.49 feet to the place of beginning.
Parcel 2
Situated in the County of Franklin, State of Ohio, City of Columbus, and being parts of lots 790, 791, 792 and 793 of Wharf Lots Addition to the City of Columbus as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 9, page 372, Franklin County Recorder's Office, described more particularly as follows:
Beginning at the intersection of the west line of Scioto Street with the south line of State Street, being also the northeast corner of said Wharf lot No. 790;
Thence westwardly with the said south line of State Street 16.10 feet to a point;
Thence southwardly on a line curved to the west with a radius of 1262.44 feet a distance of 126.73 feet (arc measurement) to a point in the said west line of Scioto Street;
Thence northwardly along the said west line of Scioto Street 130.55 feet to the place of beginning.
Parcel 3
Situated In the county of Franklin, State of Ohio, City of Columbus, and being parts of lots 798, 799, 800 and 801 of Wharf Lots Addition to the City of Columbus as the same are numbered and delineated upon the recorded plat thereof, of record in Deed Book 9, page 372, Franklin County Recorder's Office, described more particularly as follows:
Beginning at the intersection of the west line of Scioto Street with the north line of Town Street, being also the southeast corner of said Wharf lot No. 801;
Thence northwardly along the said west line of Scioto Street 117.41 feet to a point;
Thence southwardly on a line curved to the west with a radius of 1262.44 feet a distance of 122.93 feet (arc measurement) to a point In the said north line of Town Street, being also In the south line of Wharf lot No.
801;
Thence eastwardly along the said north line of Town Street 16.42 feet to the place of beginning.
Section 2. That the Land Review Commission requirements of Columbus City Code, to the extent they may apply to this transfer, are hereby waived.
Section 3. That for the reasons stated in the Preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves or vetoes the same.