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File #: 0060-2004    Version: 1
Type: Ordinance Status: Passed
File created: 1/2/2004 In control: Utilities Committee
On agenda: 1/26/2004 Final action: 1/28/2004
Title: To authorize the Director of the Department of Public Utilities to execute a quitclaim deed to Sandra McCall to certain City owned property located in the vicinity of Sunbury Road and Harlem Road (Hoover Reservoir), in exchange for a deed of similar acreage previously granted to the City; to waive the Land Review Commission provisions of the Columbus City Codes (1959).
Explanation
 
Background:
The City of Columbus ("City") is the owner of certain real property located in the vicinity of Sunbury Road and Harlem Road (Hoover Reservoir).  It has come to the attention of the City that a neighboring property owner, Sandra Jean McCall, is currently encroaching on a 0.060 + acre portion of the aforementioned property.  The City proposes to grant a quitclaim deed to Mrs. McCall, to remedy the 0.060 + acres encroachment, in exchange for a previously granted deed of similar acreage from the encroaching property owner.  The Department of Public Utilities has determined that the granting of the subject deed will not adversely affect the City and should be granted.  The exchange will benefit both the City and the property owner, therefore no money will be exchanged between the parties.  This legislation authorizes the Director of the Department of Public Utilities to execute those document necessary grant a quitclaim deed to Sandra McCall to the aforementioned City owned property.
 
Fiscal Impact:  N/A
 
Emergency Justification:  N/A
 
 
Title
 
To authorize the Director of the Department of Public Utilities to execute a quitclaim deed to Sandra McCall to certain City owned property located in the vicinity of Sunbury Road and Harlem Road (Hoover Reservoir), in exchange for a deed of similar acreage previously granted to the City; to waive the Land Review Commission provisions of the Columbus City Codes (1959).
 
Body
 
WHEREAS,      the City of Columbus ("City") is the owner of certain real property located in the vicinity of Sunbury Road and Harlem Road (Hoover Reservoir); and
 
WHEREAS,      it has come to the attention of the City that a neighboring property owner, Sandra Jean McCall, is currently encroaching on a 0.060 + acre portion of the aforementioned property; and
 
WHEREAS,      the City desires to grant Mrs. McCall a quitclaim deed to remedy the 0.060 + acre encroachment in exchange for a deed of similar acreage previously granted to the City from the encroaching property owner; and
 
WHEREAS,      the Department of Public Utilities has determined that the granting of the subject deed will not adversely affect the City and should be granted; and
 
WHEREAS,      the exchange will benefit both the City and the property owner, therefore no money will be exchanged between the parties; now, therefore:
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
      Section 1.      That the Director of Department of Public Utilities be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant to Sandra Jean McCall a quitclaim deed in and to the following described real property, in exchange for a deed for similar acreage previously granted to the City:
 
      Situated in the State of Ohio, County of Delaware, Township of Genoa, and lying in Farm Lot 7, Section 1, Township 3 North, Range 17 West, United States Military Lands, and being a 0.060 acre parcel of land out of a 16.12 acre tract within the City of Columbus Hoover Reservoir and conveyed to the City of Columbus by a deed of record in Deed Book 256, Page 392, all records herein at the Recorder's Office, Delaware County, Ohio, and said 0.060 acre parcel being bounded and more particularly described as follows:
      Begin, for reference, at a PK survey nail found in the centerline of Sunbury Road (80 feet wide) marking the northwesterly corner of the HOPPES SUBDIVISION No. 3, the southeasterly corner of a 1 acre parcel conveyed to Sandra Jean McCall by a deed of record in Deed Book 566, Page 790, and the northeasterly corner of a 3.58 acre parcel conveyed to David L. and Mary Ann Pemberton by a deed of record in Deed Book 410, Page 109;
      Thence N 86º 14' 52" W, a distance of 774.64 feet, along the line common to said 1 acre and 3.58 acre parcels, and then continuing along the line common to a 2.107 acre remainder conveyed to Sandra Jean McCall by a deed of record in Deed Book 566, Page 787 and said 3.58 acre parcel, to a monument (an iron pin encased in concrete) found in the east line of the City of Columbus Hoover Reservoir, said monument marking the southeasterly corner of a 16.12 acre parcel conveyed to the City of Columbus by a deed of record in Deed Book 256, Page 392, and also marking the westerly common corner of said 2.107 acre remainder and 3.58 acre parcels;
      Thence N 01º 06' 46" E, a distance of 83.74 feet, along the line common to said 2.107 acre remainder and 16.12 acre parcels, to a monument found in the east line of the City of Columbus Hoover Reservoir marking a common corner of said 2.107 acre remainder and 16.12 acre parcels, and also marking the Point Of True Beginning of the 0.060 acre parcel described herein;
      Thence N 17º 53' 05" E, a distance of 129.69 feet, along a new line over and across said 16.12 acre parcel within the City of Columbus Hoover Reservoir to a concrete monument set in a line common to said 2.107 acre remainder and 16.12 acre parcels;
      Thence along the following three (3) courses and distances along lines common to said 2.107 acre remainder and 16.12 acre parcels:
      1.      S 28º 41' 46" E, a distance of 51.44 feet, to a concrete monument found;
      2.      S 34º 56' 31" W, a distance of 47.44 feet, to a concrete monument found;
      3.      S 43º 28' 04" W, a distance of 54.30 feet, to the Point Of True Beginning, containing 0.060 acres of land, more or less.
      The bearing used in this description are based on the same meridian as the bearing of N 01º 06' 46" E for the east line of said Hoover Reservoir as established by a network of GPS observations emanating from Delaware Control Monuments within the NAD83 Ohio State Plane Coordinate System, North Zone.
R.D. Zande & Associates, Inc., Chris Y. Scheeres, Registered Surveyor No. 7385.
      Being more commonly known as:       a 0.060 acre portion of Hoover Reservoir.
Prior Instrument Reference:       D.B. Vol. 256, Pg. 392,
             Recorder's Office, Delaware County, Ohio.
      Delaware County Tax Parcel No. 31713004001000.
 
 
      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.