Explanation
1. BACKGROUND
In 1966, as a part of the Interstate Route 270 construction, the State of Ohio, Department of Transportation (the "State"), found it necessary to purchase property to relocate portions of Franklin County Roads 75 and 83 and to construct Service Roads numbers 1, 2, 3 and 6. In 1971 the State transferred these lands to the Board of County Commissioners of Franklin County, Ohio (the "County") for use and maintenance for roadway purposes. The deed which transferred these rights-of-way to the County contains a reversionary clause that requires they be immediately returned to the State should they ever cease to be used and maintained for roadway purposes. In 1977 an area including these rights of way was annexed from the County into the City of Columbus. By operation of law arising from the annexation the City succeeded to ownership of the rights of way. In accordance with the reversionary clause, the State recently requested that the City return an unimproved portion of Service Road 3, a service road south of Schrock Road and east of Cleveland Avenue, now known as Lauffer Road to them. After the City transfers this unimproved portion of Lauffer Road to the State they in turn intend to transfer it to an abutting property owner who desires to construct an addition to an existing building to facilitate subsequent business expansion.
After investigation by the Division of Transportation staff it has been determined that transfer of the requested portion of unimproved Lauffer Road right of way to the State will not adversely impact the City. It has also been determined that in accordance with the reversionary clause this portion of unimproved Lauffer Road right of way shall be transferred to the State at no charge and that the Land Review Commission provisions of Columbus City Codes should be waived.
2. EMERGENCY DESIGNATION
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing the State to complete their transfer and the abutting property owner to proceed with business expansion without delay.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer an unimproved portion of Lauffer Road right of way to the State of Ohio; to waive the competitive bidding provisions and 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, in 1966, as a part of the Interstate Route 270 construction, the State of Ohio, Department of Transportation (the "State"), found it necessary to purchase property to relocate portions of Franklin County Roads 75 and 83 and to construct Service Roads numbers 1, 2, 3 and 6; and
WHEREAS, in 1971 the State transferred these lands to the Board of County Commissioners of Franklin County, Ohio (the "County") for use and maintenance for roadway purposes; and
WHEREAS, the deed which transferred these rights of way to the County contains a reversionary clause that requires they be immediately returned to the State should they ever cease to be used and maintained for roadway purposes; and
WHEREAS, in 1977 an area including these right of way was annexed from the County into the City of Columbus thus the City by virtue of the annexation succeeded to ownership of these rights of way; and
WHEREAS, in accordance with the reversionary clause, the State recently requested that the City return an unimproved portion of Service Road 3, a service road south of Schrock Road and east of Cleveland Avenue, now known as Lauffer Road, to them; and
WHEREAS, after the City transfers this unimproved portion of Lauffer Road to the State they in turn intend to transfer it to an abutting property owner who desires to construct an addition to an existing building to facilitate subsequent business expansion; and
WHEREAS, after investigation by Division of Transportation staff it has been determined that transfer of the requested portion of unimproved Lauffer Road right-of-way to the State will not adversely impact the City; and
WHEREAS, it has also been determined that in accordance with the reversionary clause this portion of unimproved Lauffer Road right-of-way shall be transferred to the State at no charge and that the Land Review Commission provisions of Columbus City Codes should be waived; 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 execute those documents which will provide for immediate transfer of a portion of unimproved Lauffer Road right-of-way to the State of Ohio, and the subsequent transfer by the State to an abutting property owner thereby allowing proposed business expansion to proceed without delay and preserving 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 Public Service Department be and is hereby authorized to execute quit claim deeds and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to transfer the following described right-of-way to The State of Ohio; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Quarter Township 2, Township 2, Range 17, United States Military District, being part of that 0.8507 acre tract of land described in Instrument No. 200712110212424 to Meredith E. Weller, also know as part of that property referred to as O.D.O.T. Parcel No. 6062 (see R/W Plan: FRA-270-18.32N, sheet 13 of 29) described in Deed Book 2749, Page 359 to the State of Ohio and conveyed to the Franklin County Commissioners in Deed Book 3151, Page 690 (record references to those of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at a point in the northerly line of said 0.8507 acre tract, located 25.00 feet left of Lauffer Road (Service Road No. 3) centerline Station 62+72.74 (see R/W plan FRA-270-18.32N, sheet 13 of 29);
Thence southerly 50.00 feet along the arc of a curve to the left, being 25.00 feet westerly of and concentric to the centerline of said Lauffer Road, (Radius = 1934.86 feet & bears North 86°40'26" East, Delta = 1°28'50"), a chord bearing and distance of South 4°03'59" East, 50.00 feet to a point of reverse curvature;
Thence continuing southerly, 193.12 feet along the arc of a curve to the right, being 25.00 feet westerly of and concentric to said centerline of Lauffer Road, (Radius = 1884.86 feet & bears South 85°11'36" West, Delta = 5°52'13"), a chord bearing and distance of South 1°52'17" East, 193.03 feet to the southerly line of said 0.8507 acre tract;
Thence westerly along the southerly line of said 0.8507 acre tract, North 85°44'16" West, 40.36 feet to the present westerly right-of-way line of said Lauffer Road (Service Road No. 3), being 65.30 feet left of centerline Station 60+29.85;
Thence northerly along said westerly right-of-way line, North 3°25'08" East, 82.17 feet to an angle point in said line, being 60.00 feet left of centerline Station 61+15;
Thence continuing northerly along said present right-of-way line of Lauffer Road, North 12°07'57" West, 166.10 feet to a point in the northerly line of said 0.8507 acre tract, being 85.07 feet left of centerline Station 62+80.52;
Thence easterly along the northerly line of said 0.8507 acre tract, South 85°37'37" East, 60.59 feet to the point of beginning, containing 0.249 of an acre of land, more or less, as described from existing records in February of 2008, by Carl E. Turner, Jr., Professional Surveyor No. 6702.
Subject, however, to all legal rights-of-way of previous record.
The reference meridian for the foregoing description is based upon that meridian used for the plat of "Lauffer Road Dedication And Reserves "A" & "B" And Easements", recorded in Plat Book 66, Page 51.
Section 2. That this Council has determined it is in the best interest of the City of Columbus to allow this right of way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the transfer of this right of way.
Section 3. That this Council has determined it is in the best interest of the City of Columbus to allow this right of way to be transferred without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provisions of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this right of way.
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 its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.