Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, is currently engaged in a project identified as the Signals - Columbus Traffic Signal System Phase F project. The Columbus Traffic Signals System projects migrate the existing Columbus Traffic Signal System to an open architecture that will serve central Ohio stakeholders with regional system connectivity and interoperability. Phase F will upgrade signal and communications infrastructure that will connect 213 signalized intersections and 6 proposed communications node sites with the updated Columbus Traffic Signals System central software and traffic management center.
During the course of this project, a portion of real property owned by the City of Columbus known as 1385 East Fifth Avenue, Franklin County Parcel Number 010-033939, would need to be dedicated as right-of-way for roadway purposes to accommodate the improvements already completed by this project. Current plans indicate 0.112 acre will need to be dedicated for this purpose, to dedicate the property as road right-of-way and name the road right-of-way as Joyce Ave. After review of the preliminary plan sheets, the Division of Water, the Department of Finance and Management and the Real Estate Management Office has determined the dedication of this property to right of way will not adversely affect the City and should be allowed to proceed.
The following legislation permits the City to dedicate the property as road right-of-way and name the road right-of-way as Joyce Ave.
2. FISCAL IMPACT
There is no cost to the City to dedicate this property as road right-of-way.
3. EMERGENCY DESIGNATION
Emergency action is requested so that construction of the proposed improvements for the Signals - Columbus Traffic Signal System Phase F project can proceed without delay.
Title
To dedicate a tract of real property owned by the City of Columbus as road right-of-way; to name said public right-of-way as Joyce Ave; and to declare an emergency. ($0.00)
Body
WHEREAS, Ohio Revised Code Chapter 723.03 requires that property to be used as a public street or alley must be accepted and dedicated as public right-of-way by an ordinance specially passed for such purpose; and
WHEREAS, current plans indicate City owned land, totaling 0.112 acre tract, will need to be dedicated to right-of-way for this purpose; and
WHEREAS, the City desires to dedicate a 0.112 acre tract, as public right-of-way; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to dedicate a 0.112 acre tract as public right-of-way and to name the 0.112 acre tract as Joyce Avenue to allow construction to proceed as scheduled, 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 City of Columbus hereby dedicates the following described properties as road right-of-way; to-wit:
LEGAL DESCRIPTION
0.112 ACRE
RIGHT-OF-WAY DEDICATION
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Half Section 3, Township 5, Range 22, Refugee Lands, and being part of being part of Lots 1, 2, 5 through 8, inclusive, and vacated Alley by Ordinance 1141-69, of the Miller, Joyce, Gray, et al. Subdivision, as recorded in Plat Book 4, Page 5, as conveyed to The City of Columbus, Ohio in Deed Book 957, Page 371, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
COMMENCING at an iron pin found at the southeasterly corner of Lot 13 of said Miller, Joyce, Gray, et al. Subdivision, being the southeasterly corner of a tract conveyed to The Smoot Corporation in Official Record Volume 10974, Page D01, being on the northerly right of way line of Gray Avenue (50’) as dedicated in Plat Book 4, Page 5 and being on the westerly right of way line of Joyce Avenue (60’) as dedicated in Road Record 10, Page 289;
Thence leaving the northerly right of way line of said Gray Avenue, along the westerly right of way line of said Joyce Avenue, along the easterly line of said Smoot Corporation tract, along the easterly line of said Lot 13, and along the easterly line of Lots 9-12, inclusive, of said Miller, Joyce, Gray, et al. Subdivision, to a point referencing an iron pin found 0.09 feet South and 0.32 feet East, said point being the northeasterly corner of said Lot 9, being the northeasterly corner of said Smoot Corporation Tract, being the southeasterly corner of said Lot 8, and also being the TRUE POINT OF BEGINNING of the parcel herein described;
Thence leaving the westerly right of way line of said Joyce Avenue, along the northerly line of said Lot 9, along the northerly line of said Smoot Corporation tract, and along the southerly line of said Lot 8, North 86 degrees 36 minutes 57 seconds West, 10.00 feet to an iron pin set,
Thence leaving the northerly line of said Lot 9, northerly line of said Smoot Corporation tract and southerly line of said Lot 8, across said Lots 5 through 8, inclusive, across part of said vacated Alley, North 4 degrees 15 minutes 32 seconds East, 140.63 feet to an 8” mag spike set;
Thence across said vacated Alley and across part of said Lot 1, North 5 degrees 42 minutes 25 seconds West, 144.46 feet to an iron pin set;
Thence continuing across said Lot 1 and across part of Lot 2, North 65 degrees 14 minutes 33 seconds West, 16.01 feet to an iron pin set, said pin being on the northerly line of said Lot 2 and being on the southerly right of way line of East Fifth Avenue, as dedicated in Road Record 10, Page 17;
Thence along the northerly line of Lots 1 and 2, along the southerly right of way line of said East Fifth Avenue, South 86 degrees 28 minutes 28 seconds East, 50.00 feet to an 8” mag spike set, said spike being on the northeasterly corner of said Lot 1, and also being on the westerly right of way line of said Joyce Avenue;
Thence leaving the southerly right of way line or said East Fifth Avenue, along the westerly right of way line of said Joyce Avenue, along the easterly line of said Lot 1, along the easterly line of said vacated Alley and along the easterly line of said Lots 5 through 8, inclusive, South 4 degrees 15 minutes 32 seconds West, 289.00 feet to the POINT OF BEGINNING, containing 0.112 acres (4861 S.F.), more or less.
Subject however to all legal right of way, easements, and restrictions, if any, of previous record.
The above described parcel contains 0.112 acres (4861 S.F.), of which 0.112 acres are contained within Franklin County Auditor’s Parcel Number 010-033939, of which 0.000 acres are in the present road occupied, resulting in a net take of 0.112 acres (4861 S.F.) from Parcel Number 010-033939.
All monuments found are in good condition unless otherwise noted.
Iron pins set are 5/8” rebar, 30” long, with a yellow plastic cap inscribed “EP Ferris Surveyor 8342”.
Mag spikes set are 3/8” x 8” spikes with a 1” diameter head with a 1.5” diameter brass washer stamped “EP FERRIS SURVEYOR 8342” on top.
The bearings referenced herein are based on the Ohio State Plan Coordinate System, South Zone, NAD83 (2011). Said bearings originated from a field traverse which was referenced to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Virtual Reference Station Network. The portion of the centerline of right-of-way of East Fifth Avenue, from the intersection with Joyce Avenue, having a bearing of South 86°28’28” East, is designated the “Basis of Bearing” for this survey.
This description is based on a field survey conducted by E.P. Ferris and Associates from October 2021 to November 2021.
This description was prepared by Matthew Lee Sloat, Registered Surveyor No. 8342, of E.P. Ferris and Associates, Inc. on December 28, 2021.
SECTION 2. That the City of Columbus hereby names the above described road right-of-way as Joyce Avenue.
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.