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File #: 1053-2023    Version: 1
Type: Ordinance Status: Passed
File created: 3/30/2023 In control: Public Service & Transportation Committee
On agenda: 4/17/2023 Final action: 4/20/2023
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 Cassady Avenue; and to declare an emergency. ($0.00)
Attachments: 1. Ord 1053-2023 Exhbit .pdf, 2. Ord 1053-2023 Exhibit Cassady Avenue - 17-WD Exhibit ROW FROW_v3.pdf

Explanation

1.  BACKGROUND

The City of Columbus, Department of Public Service in engaged in the Arterial Street Rehabilitation - Cassady Avenue Widening project.  This project consists of improvements to Cassady Avenue from the CSX railroad tracks just north of Delmar Drive to E. 7th Avenue. Cassady Avenue is planned to be widened to a 3-lane section and reconstructed as a complete street with pedestrian and bikeway facilities, lighting, curb and gutter, and closed drainage. The project includes improvements to E. 5th Avenue at the intersection with Cassady Avenue.

 

A portion of real property owned by the City of Columbus known as 0 N Cassady Avenue, Franklin County Parcel Number 010-072994-00, needs to be converted to and dedicated as right-of-way for roadway purposes to accommodate the improvements contemplated by this project. Current plans indicate 0.014 acre will need to be converted and dedicated for this purpose, to dedicate the property as road right-of-way and name the road right-of-way as Cassady Avenue. 

 

This ordinance permits the City to convert and dedicate the property as road right-of-way and name the road right-of-way as Cassady Avenue.

 

2.  FISCAL IMPACT

There is no expenditure associated with this Ordinance.

 

3. EMERGENCY DESIGNATION

Emergency action is requested in order to meet the acquisition deadline so that construction of the proposed improvements for the Arterial Street Rehabilitation - Cassady Avenue Widening 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 Cassady Avenue; and to declare an emergency. ($0.00)

 

Body

WHEREAS, Ohio Revised Code Chapter 723.03 requires property to be used as a public street or alley 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 0.014 acre tract, will need to be converted and dedicated to right-of-way for this purpose; and

 

WHEREAS, the City desires to convert and dedicate a 0.014 acre tract, as public right-of-way; and

 

WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to dedicate a 0.014 acre tract as public right-of-way and to name the 0.014 acre tract as Cassady 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:

 

Situated in the State of Ohio, City of Columbus, Franklin County, Quarter Township No. 3, Township 1, Range 17, U.S. Military Lands and being part of Lot 533 in the C.E. Morris Trustee, ETAL., East Columbus Addition recorded in Plat Book 5, page 364-366 and conveyed to the City of Columbus, Ohio in Deed Book 1249, page 506. The below described parcel laying on the right side of the centerline of proposed right of way for Cassady Avenue in project FRA-C.R. 96-1.71. (Cassady Ave.) as platted by 2LMN, Inc. and recorded in Instrument 202109170166308, being Plat Book 131, Page 66, and being more particularly described as follows:

 

COMMENCING at an iron pin set at the northwest corner of Lot 537 in said C.E. Morris Trustee, ETAL., East Columbus Addition, being on the southerly existing right of way for E. 7th Ave. (50’ R/W) and the easterly existing right of way for Cassady Ave., said pin being 30.05 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 27+93.63; Thence, along the west line of Lots 533  through 537 and the easterly existing right of way for Cassady Ave., South 09 degrees 35 minutes 04 seconds West, 174.48 feet to the southwest corner of said Lot 533 being the grantor’s southwest corner and the northwest corner of Lot 532 a tract conveyed to Seneca Properties, LLC., in Instrument 201511240165886 and being on the easterly existing right of way for Cassady Avenue, said point being 16.76 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 26+18.40 and being the TRUE POINT OF BEGINNING for the parcel herein described:

 

1)                     Thence, along the west line of said Lot 533 and the easterly existing right of way for Cassady Avenue, North 09 degrees 35 minutes 04 seconds East, 35.00 feet to a point at the northwest corner of said Lot 533 and the southwest corner of Lot 534 also conveyed to Seneca Properties, LLC., said point being 19.70 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 26+53.18;

 

2)                     Thence, along the north line of said Lot 533 and the south line of said Lot 534, South 80 degrees 04 minutes 48 seconds East, 15.38 feet to an iron pin set, said pin being 35.00 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 26+51.79;

 

3)                     Thence, across said Lot 533, South 04 degrees 44 minutes 16 seconds West, 26.92 feet to an iron pin set, said pin being 35.00 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 26+24.87;

 

4)                     Thence, across said Lot 533 with a curve to the right having a radius of 1215.00, a central angle of 00 degrees 23 minutes 17 seconds, an arc length of 8.23 feet and a chord that bears, South 04 degrees 55 minutes 54 seconds West, 8.23 feet to an iron pin set on the south line of said Lot 533 and the north line of said Lot 532, said pin being 35.00 feet right of the centerline of proposed right of way and construction for Cassady Avenue at station 26+16.88;

 

5)                     Thence, along the south line of said Lot 533 and the north line of said Lot 532, North 80 degrees 03 minutes 09 seconds West, 18.32 feet to the TRUE POINT OF BEGINNING, containing 0.014 acres. 

 

The parcel of land described contains, 0.014 acres, more or less in Franklin County Auditor’s Parcel Number 010-072994-00 including the present road occupies 0.000 acres, more or less.

 

All irons pins set are 5/8 inch x 30 inch rebar with a 1 inch plastic cap stamped “2LMN, Inc”.

 

Description prepared from an actual field survey prepared by 2LMN, Inc. under the supervision of Richard F. Mathias, P.S. # 7798, September, 2020.

 

Grantor claim title by Deed Book 1249, page 506, as recorded in the Franklin County Recorder’s Office.

 

The bearings shown hereon are based on the centerline of Cassady Avenue from Margaret Street to East 7th Avenue as being North 09 degrees 35 minutes 04 seconds East, from an adjusted field survey using GPS methods from the nearby City of Columbus monument (COC32-82), nearby United States Geological Survey monument (802.52USGS), and Continually Operating Reference Station (CORS) COLB, based on the Ohio State Plane Coordinate System, South Zone, and North American Datum 1983 (NSRS 2007) scaled to ground by 1.000042617 about the projection origin (0,0).

 

SECTION 2. That the City of Columbus hereby converts and dedicates the above described road right-of-way as Cassady 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.