Explanation
Background:
The City of Columbus is the owner of certain real property located in the vicinity of Riverside Drive, north of McCoy Road. The State of Ohio Department of Transportation, in preparing for the repair and improvement of Riverside Drive in accordance with its "FRA-33-7.35 Project" needs to acquire certain property rights to the aforementioned City owned property, more fully describe within the body of this ordinance. After investigation by the Department of Public Utilities, Division of Water has determined that the granting of the subject easement will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Department of Public Utilities to execute a purchase contract, Quitclaim deed, and/or temporary easement and any other incidental documents necessary for the transfer of the aforementioned real property to the State of Ohio.
Fiscal Impact: The City shall receive $2,000.00 to be deposited into the Recreation and Parks Department Permanent Improvement Fund as consideration for the transfer of the subject real property rights to the State of Ohio.
Emergency Justification: Emergency action is requested to allow for the immediate transfer of the aforementioned real property to the State of Ohio in accordance with the agreement made between the City of Columbus and the State of Ohio.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to transfer certain interests in and to City owned real property, located in the vicinity of Riverside Drive, north of McCoy Road, to the State of Ohio Department of Transportation for its FRA 33-7.35 Highway Improvement Project, and to declare an emergency.
Body
WHEREAS, the City of Columbus is the owner of certain real property located in the vicinity of Riverside Drive, north of McCoy Road; and
WHEREAS, the State of Ohio Department of Transportation, in preparing for the repair and improvement of Riverside Drive in accordance with its "FRA-33-7.35 Project", needs to acquire certain property rights to the aforementioned City owned property, more fully describe within the body of this ordinance; and
WHEREAS, after investigation by the Department of Public Utilities, Division of Water, it has been determined that the granting of the subject easement will not adversely affect the City and should be allowed; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Utilities to execute a purchase contract, Quitclaim deed, and temporary easement and any other incidental document necessary for the transfer of the aforementioned real property to the State of Ohio; 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 Utilities to execute those documents necessary to grant fee simple title and certain lesser interest in and to the aforementioned real property to the request of State of Ohio Department of Transportation 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 Utilities be and hereby is authorized to execute a contract of sale and purchase, a quitclaim deed, temporary construction easement 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 1-WD
Situated in the State of Ohio, County of Franklin, the City of Upper Arlington and Perry Township, Township 1, Range 19, United States Military Lands, and being part of a 266.605 acre parcel conveyed to the City of Columbus, and being a parcel of land lying on the right side of the centerline of survey of FRA-33-7.35 made by the Ohio Department of Transportation, and being located within the following described points in the boundary thereof:
Commencing for reference in the grantor's easterly line at the northwesterly corner of 14.015 acre parcel of land owned by John J. Chester as recorded in Official Records 29580,Pages H-16, I-01, I-06, I-11, I-16, J-01 and J-06, and Official Record 29729, Page F-17, in the Franklin County Recorder's Office, and being 2.52 feet left of the centerline of survey of U.S. Route 33 Sta. 386+14.36;
Thence S09 degrees 32 minutes 39 seconds E, a distance of 181.65 feet along the Grantor's easterly line, the existing centerline of right of way of U.S. 33, and the westerly line of the aforementioned Chester 14.015 acre parcel, to a point 6.66 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19, and being the True Place of Beginning;
Thence S09 degrees 32 minutes 39 seconds E, a distance of 253.53 feet continuing along the Grantor's easterly line, the existing centerline of right of way of U.S. 33 and the westerly line of the aforementioned Chester 14.015 acre parcel, to the southwesterly corner of said 14.015 acre parcel and being 2.38 feet right of the centerline of survey of U.S. Route 33 Sta. 390+ 49.69;
Thence S 07 degrees 54 minutes 31 seconds E, a distance of 176.50 feet continuing along the Grantor's easterly line, the existing centerline of right of way of U.S. 33, and the westerly line of a 6.041 acre parcel owned by John J. Chester and conveyed by Instrument 199905070115763, to a point 4.36 feet right of the centerline of survey of U.S. Route 33 Sta. 392+26.18;
Thence S 81 degrees 26 minutes 54 seconds W, a distance of 35.64 feet, into the grantor's lands, passing an iron pin set at 25.00 feet in the existing westerly right of way line of U.S. 33, to an iron pin set at the edge of the Scioto River 40.00 feet right of the centerline of survey of U.S. Route 33 Sta. 392+26.18;
Thence N 08 degrees 33 minutes 59 seconds W, a distance of 429.97 feet to an iron pin set at the edge of the Scioto River 40.00 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19;
Thence N 81 degrees 25 minutes 44 seconds E, a distance of 33.34 feet, passing an iron pin set at 8.34 feet in the existing westerly right of way of U.S. Route 33, to a point 6.66 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19; to the TRUE PLACE OF BEGINNING, containing 0.355 acres of land, more or less, with in the Franklin County Auditor's Permanent Parcel Number 580-198700, which includes 0.247 acres in the present road occupied, resulting in a net taking of 0.108 acres.
The description was prepared and reviewed under the supervision of Walter Dodson, PS 6446, from a survey made by Burgess and Niple in 2003.
The iron pins set are to be ¾-inch diameter x 36-inch long rebar with a 1½-inch diameter aluminum identification cap marked "ODOT R/W-W Dodson #6446-Burgess & Niple.
The bearings in this description are based on Ohio State Plane coordinates, South Zone, NAD83 (1995 Adj.), as determined by GPS field techniques referenced to FCGS monument FRANK 61, also being known as PID KZ2216 of the National Geodetic System (NGS), and Frank 161, PID KZ2217, having a bearing between said monuments of N-85-31-37W and are for the purpose of angular measurements only.
The stations referred to herein are from the centerline of survey of U.S. 33 as found on ODOT right of way plan FRA-33-7.35.
Burgess & Niple, Inc., Consulting Engineers, Walter Dodson, PS
Professional Surveyor No. 6446
PARCEL 1-T
Situation in the State of Ohio, County of Franklin, the City of Upper Arlington and Perry Township, Township 1, Range 19, United States Military Lands, and being part of a 266.605 acre parcel conveyed to the City of Columbus, and being a parcel of land lying on the right side of the centerline of survey of FRA-33-7.35 made by the Ohio Department of Transportation, and being located within the following described points in the boundary thereof:
Commencing at a point in the westerly right-of-way line of U.S. 33, being 20.02 feet right of the centerline of survey of U.S. Route 33 Sta. 385+06.00 and being THE TRUE PLACE OF BEGINNING OF the easement described herein;
Thence, S17 degrees 16 minutes 22 seconds E, a distance of 105.40 feet along the westerly right-of-way line of U.S. 33 to a point 22.50 feet right of the centerline of survey of U.S. Route 33 Sta. 386.13.08;
Thence, S 09 degrees 32 minutes 39 seconds E, a distance of 179.53 feet along the westerly right of way of U.S. 33 to an iron pin set 31.66 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19;
Thence, S81 degrees 25 minutes 44 seconds W, a distance of 8.34 feet to an iron pin set 40.00 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19;
Thence S 08 degrees 33 minutes 59 seconds E, a distance of 429.97 feet to an iron pin set 40.00 feet right of the centerline of survey of U.S. Route 33 Sta. 392+26.18;
Thence N 81 degrees 26 minutes 54 seconds E, a distance of 10.64 to an iron pin set in the existing westerly rightly-of-way line U.S. at 29.36 feet right of centerline of survey of U.S. Route 33 Sta. 392+26.18;
Thence S 07 degrees 54 minutes 31 seconds E, a distance of 33.74 feet along the westerly right-of-way line of U.S. 33 to a point 29.69 feet right of centerline of survey of U.S. Route 33 Sta. 392+60.00;
Thence S 81 degrees 37 minutes, 15 seconds W, a distance of 65.31 feet to a point 95.00 feet right of the centerline of survey of U.S. Route 33 Sta. 392+60.00;
Thence N 08 degrees 33 seconds W, a distance of 463.48 to a point 95.00 feet right of the centerline of survey of U.S. Route 33 Sta. 387+96.19;
Thence N 03 degrees, 29 minutes 42 seconds W, a distance 280.54 to a point 40.00 feet right of the centerline of survey of U.S. Route 33 Sta. 385+06.00;
Thence N 69 degrees 06 minutes 24 seconds E, a distance of 19.98 feet to the True Place of Beginning, containing 0.891 acres of land, more or less, within the Franklin County Auditor's Permanent Parcel Number 580-198700.
This description was prepared and reviewed under the supervision of Walter Dodson, P.S. 6446 from a survey made by Burgess and Niple in 2003.
The iron pins set are to be ¾-inch diameter x 36-inch long rebar with a 1½ inch diameter aluminum identification cap marked "ODOT R/W-Dodson #6446-Burgess & Niple.
The bearings in this description are based on Ohio State Plane coordinates, South Zone, NAD83 (1995 Adj.), as determined by GPS field techniques referenced to FCGS monument FRANK 61, also being known as PID KZ2216 of the National Geodetic System (NGS) and Frank 161, PID KZ2217, having a bearing between said monuments of N 85-31-37 W, and are for the purpose of angular measurements only.
The stations referred to herein are from the centerline of survey of U.S. 33 as found on ODOT right of way plan FRA-33-7.35.
Burgess & Niple, Inc., Consulting Engineers, Walter Dodson, PS
Professional Surveyor No. 6446
Section 2. That the Two Thousand Dollars ($2,000.00), to be received by the City as consideration for the granting of the aforementioned subject real property rights, shall be deposited as follows: OCA: 053181/ Fund # 747/ Object Level Three: 0833/ Permanent Improvement Fund/ Project Number 747117 for the aforesaid purpose is hereby authorized.
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.