Explanation
Background: The Ohio Department of Transportation ("ODOT"), filed an appropriation action in Delaware County to acquire certain real property from Wynstone Development Company, necessary for improvements to State Route 750. Prior to ODOT's court action, the Wynstone Development Company had dedicated a substantial portion of the subject property needed by ODOT to the City of Columbus for right of way. Upon this discovery, ODOT agreed to voluntarily dismiss its case and enter into a settlement agreement by, among and between the Ohio Department of Transportation, the Wynestone Development Company, and the City of Columbus. Under the terms of the executed settlement agreement, the City is to transfer certain portions of the right-of-way, dedicated to the City by Wynstone to be a part of S.R. 750 and aid in any conveyances necessary to transfer the subject real property to the Ohio Department of Transportation. Therefore it is necessary to authorize the Director of Public Service to execute those documents necessary to transfer the aforementioned real property, more fully described in the body of this ordinance, to the Ohio Department of TransportationFiscal Impact: N/AEmergency Justification: N/A
Title
To authorize the Director of Public Service to execute those documents necessary to transfer certain real property, located in the vicinity of State Route 750 (Polaris Parkway) and South Old State Road, to the Ohio Department of Transportation as part of a settlement agreement by, among and between the Ohio Department of Transportation, the Wynstone Development Company, et al; and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised.
Body
WHEREAS, in the Delaware County Court of Common Pleas case of Wray v. Wynstone Development Company, the Ohio Department of Transportation ("ODOT"), filed an appropriation action to acquire certain real property from the Wynstone Development Company et al, necessary to its State Route 750 improvement project (DEL-750-5.45); and
WHEREAS, a portion of the property needed by ODOT had previously been dedicated as right of way by the Wynstone Development Company to the City of Columbus by ordinance 1539-94, passed July, 11, 1994 and recorded in Plat Cabinet 1 and Slide 451 and 451A of the Delaware County Recorder's Office; and
WHEREAS, upon this discovery, ODOT. agreed to voluntarily dismiss its case and has executed a settlement agreement by, among and between the ODOT, the Wynstone Development Company and the City of Columbus, and
WHEREAS, under the terms of the executed settlement agreement, the City is to transfer certain portions of the right-of-way dedicated to the City by Wynstone Development Company, to ODOT for use as part of S.R. 750 and to aid in any conveyances necessary to transfer the subject real property to the ODOT; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Public Service be and hereby is authorized to execute those documents as approved by the Real Estate Division, Department of Law, and any ancillary documents necessary to grant to the Ohio Department of Transportation the following right of way:
Description of the Parcel of Land to be conveyed to the State of Ohio by the City of Columbus as per the settlement for Delaware Common Pleas Court Case No. 95CV-H-02-042 between the State of Ohio (Department of Transportation), Wynstone Development Company and the City of Columbus.
Situated in the Township of Orange, County of Delaware, State of Ohio, and in Section 3, Township 3 North, Range 18 West, being more particularly described as follows:
Being a parcel of land lying on both sides of the centerline of a survey made by the Department of Transportation, and recorded in Book 567, Page 317 of the records of Delaware County and being located within the following described points in the boundary thereof:
PARCEL NO. 25 WLV (HIGHWAY) ALL RIGHT, TITLE AND INTEREST IN THE FEE SIMPLE, INCLUDING LIMITATION OF ACCESS IN THE FOLLOWING DESCRIBED PROPERTY
BEGINNING at a point at the intersection of the centerline of County Road 10 (South Old State Road), with the centerline of Polaris Parkway.
Thence S 16 deg 15 min. 40 sec. W along the centerline of County Road 10 for a distance of 150.51 feet to a point;
Thence N 73 deg. 44 min. 20 sec. W for a distance of 49.33 feet to a point on the west right of way line of County Road 10;
Thence along the west right of way line of said County Road 10, N 16 deg 48 min. 28 sec. E for a distance of 45.00 feet to a point;
Thence along the south right-of-way line of Polaris Parkway these courses and distances;
Thence N 25 deg. 51 min. 52 sec W for a distance of 37.46 feet to a point;
Thence N 71 deg. 26 min. 52 sec. W for a distance of 236.13 feet to a point;
Thence N 63 deg. 48 min. 44 sec. W for a distance of 203.04 feet to a point;
Thence N 54 deg. 20 min. 55 sec. W for a distance of 284.08 feet to a point;
Thence N 37 deg. 31 min. 07 sec W for a distance of 270.17 feet to a point;
Thence N 20 deg. 35 min. 39 sec. W for a distance of 82.49 feet to a point;
Thence along the south property line of a tract of land now or formerly owned by Donald Kelley, deed book 545, page 314, and the north property line of a tract of land now or formerly owned by Wynstone Development Company deed book 567, page 317, S 87 deg. 20 min. 09 sec. E for a distance of 169.37 feet to a point on the north right of way line of Polaris Parkway;
Thence along the north right of way line of Polaris Parkway these courses and distances:
Thence S 36 deg. 01 min. 06 sec. E for a distance of 173.82 feet to a point;
Thence S 50 deg. 51 min. 45 sec. E for a distance of 253.21 feet to a point;
Thence S 63 deg. 48 min. 44 sec. E for a distance of 203.04 feet to a point;
Thence S 72 deg. 35 min. 33 sec. E for a distance of 250.05 feet to a point;
Thence N 67 deg. 51 min. 21 sec. E for a distance of 38.24 feet to a point;
Thence along the west right of way line of County Road 10, N 16 deg. 15 min. 40 sec. E for a distance of 50.00 feet to a point;
Thence S 73 deg. 44 min. 20 sec. E for a distance of 30.00 feet to a point located on the centerline of County Road 10;
Thence along the centerline of County Road 10, S 16 deg. 15 min. 40 sec. W for a distance of 155.47 feet TO THE POINT OF BEGINNING;
Containing 3.843 acres more or less is in the PRO (present road occupied) This description was prepared by Steven A. Fox, Reg. Number 7000, surveyor.
Section 2. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.