Explanation
Background:
In the 1970's, the State of Ohio Department of Transportation ("ODOT") acquired certain real property, located in the vicinity of Interstate 270 and Claycraft Road, from the City of Columbus, necessary to its FRA I-270 Project. Recently it has come to the attention of the City that the conveyance of two of the acquired parcels were never recorded by the County and are in effect still owned by the City. As a part of the project one of the parcels was to subsequently be transferred by ODOT to the City of Gahanna. In order to reconcile this matter, it is now necessary that the City convey one parcel to ODOT and the second parcel directly to the City of Gahanna. After investigation by the Department of Public Service it has been determined that the conveyance of the subject properties will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the transfer of the aforementioned real property.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate conveyance and recording of the subject real properties necessary for the ODOT FRA I-270 Project.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to transfer certain City owned real property, located in the vicinity of 270 and Claycraft Road, to the State of Ohio Department of Transportation and to the City of Gahanna as part of ODOT's FRA I-270 Project Highway Improvement Project, to waive competitive bidding and Land Review Commission requirements of the Columbus City Codes, (1959) Revised, and to declare an emergency.
Body
WHEREAS, Beginning in 1970 The State of Ohio Department of Transportation ("ODOT") acquired certain real property, located in the vicinity of Interstate 270 and Claycraft Road, from the City of Columbus necessary for its FRA I-270 Project; and
WHEREAS, recently it has come to the attention of the City that the conveyance of the two of the acquired parcels were never recorded by the County and are in effect still owned by the City; and
WHEREAS, as a part of the project one of the parcels was to subsequently be transferred by ODOT to the City of Gahanna; and
WHEREAS, to reconcile this matter, it is now necessary that the City convey one parcel to ODOT and the second parcel directly to the City of Gahanna; and
WHEREAS, after investigation by the Department of Public Service it has been determined that the conveyance of the subject properties will not adversely affect the City and should be allowed; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to immediately authorized the Director of the Department of Public Service to execute those documents necessary to grant fee simple title and certain lesser interest in and to certain properties more fully described in the body of this legislation to State of Ohio Department of Transportation and to the City of Gahanna, respectively, for the immediate preservation of the public health, peace, property, safety 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 hereby is authorized to execute a quitclaim deed and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the State of Ohio Department of Transportation certain fee simple title and lesser interests in and to the following described City owned real property:
PARCEL 1228WL
Situated in the Village of Gahanna, County of Franklin, State of Ohio and in Quarter Township 3, Township 1, Range 16, United States Military Lands and bounded and described as follows:
Being a parcel of land lying on both sides of the centerline of a survey made by the Department of Highways in Plan FRA - 270 - 28.30N and recorded as file D06fs007 in the records of the Ohio Department of Transportation, District 6 Office, Delaware County, and being located within the following described points in the boundary thereof:
Being a part of a 98.923 Acre tract of land as the same being described in Deed Book 2963, Page 2976, Recorders Office, Franklin County, Ohio, and being further described as follows:
Beginning at the most northeasterly corner of said tract, said point being 160.00 feet, North 6° 05' 46" West of the intersection of Claycraft Road and Morrison Road, said point also being 160.00 feet left of Centerline Station 1707+09.84 of Interstate Route 270 per plan FRA-270-28.30N;
Thence along the East Right of Way line of IR 270, South 8° 15' 33" West, a distance of 1472.67 feet, also being Station 1721+97.44, 127.38' Left of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence continuing along the East Right of Way line of IR 270, South 4° 05' 45" West, a distance of 165.31 feet;
Thence continuing along the East Right of Way line of IR 270, South 0° 44' 23" East, a distance of 156.18 feet also being Station 1725+25.69, 120.00' Left of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence along the East Right of Way line of IR 270 with a curve to the left, with a radius of 5609.58 feet, a chord bearing of South 1° 27' 51" East, a chord distance of 51.07 feet, an arc length of 51.07 feet, and a delta angle of 0° 31' 18", also being Station 1725+77.85, 120.00' Left of centerline, Interstate Route 270 per plan FRA-270-28.30N, said point also being in the Northerly Right of Way of the Penn Central and Baltimore and Ohio Railroads;
Thence along a common line with said Penn Central and Baltimore and Ohio Railroads South 85° 13' 13" West, a distance of 300.41 feet to the West Right of Way line of IR 270 also being Station 1725+93.34, 180.00' right of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence along the West right of way line of IR 270 North 2° 35' 28" West, a distance of 354.84 feet, also being Station 1722+50, 195.00' right of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence along the West right of way line of IR 270 North 10° 31' 44" East, a distance of 260.09 feet, also being Station 1720+00, 160.00' right of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence along the West Right of Way line of IR 270 with a curve to the right, with a radius of 5889.58 feet, a chord bearing of North 6° 09' 12" East, a chord distance of 432.87 feet, an arc length of 432.97 feet, and a delta angle of 4° 12' 43", also being Station 1715+78.79, 160.00' Right of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence along the West Right of Way line of IR 270 North 8° 15' 33" East, a distance of 824.11 feet, also being Station 1707+54.68, 160.00' right of centerline, Interstate Route 270 per plan FRA-270-28.30N;
Thence leaving said West Right of Way line, South 89° 43' 02" East, a distance of 323.12 feet, to the True Point of Beginning, Containing 13.435 Acres more or less. Subject however to any rights of way or easements of record.
This survey was performed to clarify title issues using available recorded evidence no actual field measurements were taken. The distances and bearings listed herein are based upon a survey made by the Department of Highways in Plan FRA - 270 - 28.30N on or about 1970, and have not been field verified. Description prepared by James A. Stafa, Ohio Surveyor 7968, Ohio Department of Transportation District 6.
Section 2. That the Director of the Department of Public Service be and hereby is authorized to execute a quitclaim deed and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the City of Gahanna certain fee simple title and lesser interests in and to the following described City owned real property:
PARCEL 1228WD
Situated in the Village of Gahanna, County of Franklin, State of Ohio and in Quarter Township 3, Township 1, Range 16, United States Military Lands and bounded and described as follows:
Being a parcel of land lying on the left side of the centerline of a survey made by the Department of Highways in Plan FRA - 270 - 28.30N and recorded as file D06fs007 in the records of the Ohio Department of Transportation, District 6 Office, Delaware County, and being located within the following described points in the boundary thereof:
Being a part of a 98.923 Acre tract of land as the same being described in Deed Book 2963, Page 2976, Recorders Office, Franklin County, Ohio, and being further described as follows:
Beginning at the most northeasterly corner of said tract, said point being in the Centerline of Morrison Road, said point being 103.60 feet, North 0° 20' 11" East of the intersection of Claycraft Road and Morrison Road, said point also being 210.39 feet left of Centerline Station 1707+02.78 of Interstate Route 270 per plan FRA-270-28.30N;
Thence along the Centerline of Morrison Road, South 0° 20' 11" West, a distance of 586.35 feet (passing a Railroad Spike at 103.60 feet) to a Railroad Spike;
Thence continuing with the Centerline of Morrison Road, with a curve to the right, with a radius of 520.05 feet, a chord bearing of South 10° 27' 41" West, a chord distance of 182.85 feet, an arc length of 183.81 feet, and a delta angle of 20° 15' 02";
Thence continuing with the Centerline of Morrison Road, South 20° 35' 11" West, a distance of 165.08 feet;
Thence continuing with the Centerline of Morrison Road, with a curve to the left, with a radius of 577.74 feet, a chord bearing of South 1° 39' 19" East, a chord distance of 437.36 feet, an arc length of 448.54 feet, and a delta angle of 44° 28' 58";
Thence continuing with the Centerline of Morrison Road, with a curve to the left, with a radius of 1930.78 feet, a chord bearing of South 27° 52' 47" East, a chord distance of 268.26 feet, an arc length of 268.48 feet, and a delta angle of 7° 58' 01";
Thence continuing with the Centerline of Morrison Road, South 31° 51' 49" East, a distance of 58.33 feet;
Thence leaving said Centerline of Morrison Road South 58° 08' 11" West a distance of 40.00 feet to a point in the South right of way of the Morrison Road Connection;
Thence with the South right of way line of the Morrison Road Connection, with a curve to the left, with a radius of 160.00 feet, a chord bearing of North 57° 53' 02" West, a chord distance of 140.38 feet, an arc length of 145.32 feet, and a delta angle of 52° 02' 25";
Thence continuing with the South right of way line of the Morrison Road Connection, North 83° 54' 14" West, a distance of 97.87 feet to a point in the East right of way line of New Morrison Road;
Thence continuing with the Right of Way of New Morrison Road, with a curve to the left, with a radius of 1849.86 feet, a chord bearing of South 1° 49' 26" West, a chord distance of 195.78 feet, an arc length of 195.87 feet, and a delta angle of 6° 04' 00";
Thence continuing with the Right of Way of New Morrison Road, with a curve to the left, with a radius of 5519.58 feet, a chord bearing of South 1° 26' 18" East, a chord distance of 45.46 feet, an arc length of 45.46 feet, and a delta angle of 0° 28' 19" to the North Right of Way line of the Penn Central and Baltimore and Ohio Railroads;
Thence along a common line with said Penn Central and Baltimore and Ohio Railroads South 85° 13' 13" West, a distance of 90.13 feet to the East Right of Way line of IR 270 also being Station 1725+77.85, 120.00' left, per plan FRA-270-28.30N;
Thence along the East Right of Way line of IR 270 with a curve to the right, with a radius of 5609.58 feet, a chord bearing of North 1° 27' 51" West, a chord distance of 51.07 feet, an arc length of 51.07 feet, and a delta angle of 0° 31' 18", also being Station 1725+2569, 120.00' Left, per plan FRA-270-28.30N;
Thence continuing along the East Right of Way line of IR 270, North 0° 44' 23" West, a distance of 156.18 feet;
Thence continuing along the East Right of Way line of IR 270, North 4° 05' 45" East, a distance of 165.31 feet also being Station 1721+97.44, 127.38' Left, per plan FRA-270-28.30N;
Thence continuing along the East Right of Way line of IR 270, North 8° 15' 33" East, a distance of 1472.67 feet also being Station 1707+09.84, 160.00' Left, per plan FRA-270-28.30N;
Thence leaving the East Right of Way line of IR 270 and with the North line of the city of Columbus tract, North 89° 43' 02" East, a distance of 50.89 feet, to the point of beginning, containing 5.019 Acres. Subject however to any rights of way or easements of records.
This survey was performed to clarify title issues using available recorded evidence no actual field measurements were taken. The distances and bearings listed herein are based upon a survey made by the Department of Highways in Plan FRA - 270 - 28.30N on or about 1970, and have not been field verified. Description prepared by James A. Stafa, Ohio Surveyor 7968, Ohio Department of Transportation District 6.
Section 3. 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 they may apply to this transaction with regards to this ordinance only.
Section 4. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.