Explanation
Background: The City of Columbus is the owner of certain real property located in the vicinity of Sunbury Road, and Yankee Street (Hoover Reservoir area). Delaware County, Ohio is engaged in its DEL-C.R. 30-4.31 Sunbury Roadway Improvement Project, and desires to acquire certain real property rights, to the aforementioned City property, more fully described in the body of this legislation, necessary to the project. DLZ Ohio, Inc., acting "Right of Way Agent" for Delaware County, has requested that the City grant Delaware County a perpetual highway easement. After investigation by the Department of Public Utilities, it has been determined that the granting of the subject easement will not adversely affect the City and should be granted. The Department of Law, Real Estate Division, has established a value of $300.00 for the subject easement. The following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant a perpetual highway easement to Delaware County for its DEL-CR 30-3.41, Sunbury Road Project.
Fiscal Impact: The $300.00 to be received by the City, as consideration for the subject easement, shall be deposited in the appropriate City fund, as determined by the City Auditor.
Emergency Justification: This request has been thoroughly investigated and contemplated by the Department of Public Utilities and at this time emergency action is requested by the Division of Real Estate in the spirit of inter-governmental cooperation to allow this matter to proceed without delay.
Title
To authorize the Director of the Department of Public Utilities to execute a quitclaim deed of easement and any ancillary documents necessary to grant the Delaware County Board of Commissioners a perpetual highway easement, for its DEL-C.R. 30-4.31 Sunbury Roadway Improvement Project, 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, and to declare an emergency.
Body
WHEREAS, the City of Columbus is the owner of certain real property located in the vicinity of Sunbury Road, and Yankee Street (Hoover Reservoir area); and
WHEREAS, Delaware County, Ohio is engaged in its DEL-C.R. 30-4.31 Sunbury Roadway Improvement Project, and desires to acquire certain real property rights, to the aforementioned City owned real property, more fully described in the body of this legislation, in order to provide the required right-of-way necessary to the project; and
WHEREAS, DLZ Ohio, Inc., acting as "Right of Way Agent" for Delaware County, has requested that the City grant Delaware County Board of Commissioners a perpetual highway easement; and
WHEREAS, after investigation by the Department of Public Utilities, it has been determined that the granting of the subject easement will not adversely affect the City and should be granted; and
WHEREAS, the Department of Law, Real Estate Division, has determined a value of $300.00 for the aforementioned easement; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary to grant the subject easement to Delaware County; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, that it is immediately necessary to authorize the Director of Public Utilities to execute those instruments as approved by the Real Estate Division, Department of Law, necessary to grant a perpetual public highway easement to Delaware County, Ohio, necessary to its Sunbury Roadway Improvement Project for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute a Quitclaim Deed of Highway Easement and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant Delaware County Board of Commissioners a perpetual public highway easement in and to the following described real property:
PARCEL NO. 4-SH
PERPETUAL EASEMENT FOR HIGHWAY PURPOSES
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Situated in the Township of Genoa, County of Delaware, State of Ohio, and being a part of Farm Lot 7, Section 1, Township 3 North, Range 17 West, U.S. Military Lands, also being a part of a 2073.50 Acre parcel now or formerly owned by the City of Columbus as described in Deed Book Volume 253, Page 593, of the Delaware County Recorder's Office, and being more particularly bounded and described as follows:
Commencing at the northwest corner of Lot 1749 of Bunion Acres Subdivision as recorded in Plat Book 24, Pages 81-82, in the Delaware County Recorder's Office, said corner is marked by a ¾" capped rebar found and used stamped PS 6579, said rebar also being 37.79 feet right of the centerline of construction at Station 110 + 59.03;
Thence S 45º 51' 05" W, a distance of 77.11 feet to a point where the Grantor's southerly property line intersects the existing westerly right-of-way line of County Road 30 (Sunbury Road), said point being 36.68 feet left of the centerline of construction at Station 110 + 38.91 and being the Place Of Beginning;
Thence, along the Grantor's south property line and the north property line of Linda K. Wallace property as found in Official Records Volume 282, Page 555, in the Delaware County Recorder's Office, S 70º 29' 45" W, a distance of 25.00 feet to a point 61.26 feet left of the centerline of construction at Station 110 + 43.05;
Thence, along the proposed right-of-way line N 19º 49' 03" W, a distance of 29.17 feet to a point in the Grantor's north property line and the south property line of Fatanna Davis aka Fatanna Johnson as found in Deed Book Volume 372, Page 397, of the Delaware County Recorder's Office, 57.00 feet left of the centerline of construction at Station 110 + 68.71;
Thence, along the Grantor's north property line and the south property line of Fatanna Davis aka Fatanna Johnson, N 75º 04' 56" E, a distance of 25.09 feet to a point in the existing westerly right-of-way line of County Road 30 (Sunbury Road), 32.46 feet left of the centerline of construction at Station 110 + 63.93;
Thence, along the existing westerly right-of-way line of County Road 30 (Sunbury Road), S 19º 49' 03" E, a distance of 27.16 feet to the Place Of Beginning, containing a total of 0.016 acres, more or less.
The above-described parcel is a part of Auditor's Parcel Number 31713004001000.
County Road 30 (Sunbury Road) was established as 60.00 feet wide or greater by Delaware County Records, recorded subdivision plats, and existing property owner deeds.
This description was prepared by Franklin D. Blair, Registered Surveyor #5676, and is based on calculated values from a survey made by Barr Engineering, Inc. in 2004 for the project known as DEL-CR-30-4.31.
The basis of bearings for this project was determined from a GPS survey in obtaining State Plane Coordinates (Ohio Coordinate System of 1983, North Zone). The bearings are to be used for angular measurement only as deed and plat bearings have a different basis.
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 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.