Explanation
1. BACKGROUND
The Intersection Improvements - Cleveland Avenue at Schrock Road project is a joint project between the City of Columbus and the City of Westerville and was initiated by the City of Westerville as the lead agency. The City of Westerville advertised for and owned the construction contract for this project while the City of Columbus provided the inspection services and performed right-of-way acquisition for the project.
Pursuant to and under the authority of Ordinance No. 0297-2015, passed by the City Council of the City of Columbus, approved by the Mayor of said City, and attested to by the City Clerk on the 10th day of February 2015; and the City of Westerville, an Ohio municipal corporation, acting through its City Manager, pursuant to and under the authority of Ordinance No. 2015-12, passed by the City Council of the City of Westerville and attested to by the City Clerk on the 17th day of March 2015, the City of Columbus and the City of Westerville entered into a Cooperative Right-of-Way Acquisition and Inspection Services Agreement to provide for the efficient and coordinated right-of-way acquisition and for the City of Columbus to provide inspection services for the construction of the Improvements.
Two parcels, 7-WL and 10-WL, were acquired as Limited Access right-of-way, and were acquired in the name of the City of Columbus. At the beginning of the acquisition process, the Ohio Department of Transportation (ODOT) noted that these two parcels needed to be transferred to ODOT at the end of construction as they are contiguous with the existing ODOT Limited Access right-of-way on Cleveland Avenue. As construction on the project is nearing completion, ODOT has now followed up on that request to transfer the two properties to ODOT at no cost. The following legislation authorizes the Director of the Department of Public Service to execute documents necessary to transfer the two parcels (7-WL and 10-WL) to ODOT.
2. FISCAL IMPACT
The two parcels, 7-WL and 10 WL, are to be transferred to ODOT at no cost to ODOT. The City will not be expending funds to perform this transfer.
3. EMERGENCY DESIGNATION
Emergency action is requested in order to allow for the timely granting of the requested parcel transfer which will allow the project to proceed without unnecessary delay.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to transfer two land parcels acquired for the Intersection Improvements - Cleveland Avenue at Schrock Road project to the Ohio Department of Transportation; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus and the City of Westerville are involved in a joint project, the Intersection Improvements - Cleveland Avenue at Schrock Road project; and
WHEREAS, the City of Columbus performed right-of-way acquisition for the project; and
WHEREAS, two parcels acquired for the project, 7-WL and 10-WL, will be transferred to ODOT at no cost; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to authorize the Director of Public Service to execute those documents necessary to transfer the two parcels in order to prevent unnecessary delay to the project, thereby 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 Department of Public Service be and is hereby authorized to execute those documents necessary to the City to transfer two land parcels, 7-WL and 10-WL, to ODOT; to-wit:
PARCEL 7-WL
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 2, Township 2, Range 17 of the United States Military Lands, being out of Reserve “B” as shown on Lauffer Road Dedication and Reserves “A” & “B” and Easements of record in Plat Book 66, Pages 51 and 52, conveyed as Parcel One to Calvary Apostolic Church by deed of record in Instrument Number 200707240128997, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio), and being described as follows:
BEGINNING, FOR REFERENCE, at a 3/4 inch solid iron pin in a monument box found marking the intersection of the centerline of construction of Cleveland Avenue as shown on the right-of-way plans FRA-270-18.32N on file with the Ohio Department
of Transportation, District 6, Delaware, Ohio with the original centerline of Schrock Road, also being in the northerly line of Parcel 6062B-WL conveyed to the State of Ohio by deed of record in Deed Book 2762, Page 5;
thence South 03° 27’ 14” West, with said centerline of construction and across said Parcel 6062B-WL, a distance of 47.95 feet, to a point;
thence South 86° 32’ 46” East, across said Parcel 6062B-WL, a distance of 60.98 feet, to a point in the easterly line of said Parcel 6062B-WL, a southwesterly corner of the 0.174 acre tract conveyed as Parcel 12WD to Franklin County by deed of record
in Official Record 4132H13, the northwesterly corner of said Reserve “B”, and the intersection of the easterly limited access right-of-way line of Cleveland Avenue with the southerly right-of-way line of Schrock Road;
thence South 01° 35’ 10” West, with said easterly line, said easterly limited access right-of-way line, and the westerly line of said Reserve “B”, a distance of 33.28 feet, to an iron pin set at the TRUE POINT OF BEGINNING;
thence across said Reserve “B”, the following courses:
South 88° 24’ 50” East, a distance of 19.38 feet, to an iron pin set;
South 10° 56’ 39” West, a distance of 48.19 feet, to an iron pin set;
South 03° 18’ 46” West, a distance of 314.11 feet, to an iron pin set in the southerly line of said Reserve “B” and the northerly line of the 0.578 acre tract conveyed as Parcel Two to Calvary Apostolic Church by deed of record in Instrument Number 200707240128997;
thence North 55° 06’ 25” West, said southerly and northerly line, a distance of 2.48 feet, to a common corner thereof, the southeasterly corner of said Parcel 6062B-WL, the northeasterly corner of Parcel 6062A-WL conveyed to the State of Ohio by deed
of record in Deed Book 2717, Page 252, and in the easterly limited access right-of-way line of said Cleveland Avenue (reference a 3/4 inch iron pipe found, 0.18 foot westerly and 0.08 foot southerly);
thence North 01° 35’ 10” East, with the westerly line of said Reserve “B”, the easterly line of said Parcel 6062B-WL, and said easterly limited access right-of-way line, a distance of 360.15 feet, to the TRUE POINT OF BEGINNING, containing 0.066
acre, more or less, from Auditor’s Parcel Number 600-208624.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
The bearings herein are based on the Ohio State Plane Coordinate System, South Zone per NAD 83 (1986 adjustment). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and observations of selected Franklin County Engineering Department monuments FRANK 85 and WEST 17. The portion of the centerline of Schrock Road, having a bearing of North 78° 31’ 16” East, is designated the “basis of bearing” for the survey.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
This description was prepared using documents of record, prior plats of survey, and observed evidence located by an actual field survey performed by or under the direct supervision of Joshua M. Meyer, Registered Surveyor Number 8485 in November and December 2011, January 2012 and March 2013.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Joshua M. Meyer
Professional Surveyor No. 8485
PARCEL 10-WL
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 1, Township 2, Range 18 of the United States Military Lands, being out of the 0.532 acre tract conveyed to St. Charles Partners by deed of record in Official
BEGINNING, FOR REFERENCE, at a 3/4 inch solid iron pin in a monument box found marking the intersection of the centerline of construction of Cleveland Avenue as shown on the right-of-way plans FRA-270-18.32N on file with the Ohio Department
of Transportation, District 6, Delaware, Ohio with the original centerline of Schrock Road, also being in the northerly line of Parcel 6062B-WL conveyed to the State of Ohio by deed of record in Deed Book 2762, Page 5;
thence South 03° 27’ 14” West, with said centerline of construction and across said Parcel 6062B-WL, a distance of 148.67 feet, to a point;
thence North 86° 32’ 46” West, across said Parcel 6062B-WL and Parcel 6059-WL conveyed as a highway easement to the State of Ohio by deed of record in Deed Book 2625, Page 41, a distance of 59.67 feet, to a point in the westerly line of said Parcel 6059-WL, a southerly corner of the 0.093 acre tract conveyed as Parcel 23-WD to City of Columbus, Ohio by deed of record in Official Record 10048A03, an easterly line of said 0.532 acre tract, and the intersection of the westerly limited access right-of- way line of Cleveland Avenue with the southerly right-of-way line of Schrock Road, being the TRUE POINT OF BEGINNING;
thence South 07° 50’ 17” West, with the westerly line of said 0.532 acre tract, said westerly limited access right-of-way line, and the westerly line of said Parcel 6059-WL, a distance of 112.40 feet, to the southeasterly corner thereof and the northeasterly corner of the 0.5367 acre tract conveyed to Perfect Image Investments, LLC by deed of record in Instrument Number 200906300095161 (reference a 3/4 inch iron pipe found, 0.11 feet northerly and 0.06 feet westerly);
thence North 85° 59’ 46” West, with the line common to said 0.5367 acre and 0.532 acre tracts, a distance of 0.24 feet, to an iron pin set;
thence across said 0.532 acre tract, the following courses:
North 03° 27’ 14” East, a distance of 112.07 feet, to an iron pin set;
South 86° 32’ 46” East, a distance of 8.83 feet, to the TRUE POINT OF BEGINNING, containing 0.012 acre, more or less, from Auditor’s Parcel Number 010-191334.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
The bearings herein are based on the Ohio State Plane Coordinate System, South Zone per NAD 83 (1986 adjustment). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
This description was prepared using documents of record, prior plats of survey, and observed evidence located by an actual field survey performed by or under the direct supervision of Joshua M. Meyer, Registered Surveyor Number 8485 in November and December 2011, January 2012 and March 2013.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Joshua M. Meyer
Professional Surveyor No. 8485
SECTION 2. That the City will transfer the parcels 7-WL and 10-WL to ODOT at no cost.
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 nor vetoes the same.