Explanation
In 1995 the City of Columbus received a request from the State of Ohio, Department of Transportation, asking that the City transfer an unimproved portion of Morgan Road to the State for use as part of a wetland restoration area on the FRA-161-16.75 project. In exchange for the transfer of this unimproved right-of-way the State proposed to transfer State owned lands in the vicinity of 17th Avenue to the City, Recreation and Parks Department. In 1999 the State of Ohio transferred the State owned parcels valued at $125,897.00 to the City; however, the City never transferred the requested portion of unimproved Morgan Road to the State. The City Attorney's Office, Real Estate Division, determined a value of $33,050.00 for the unimproved portion of Morgan Road that the State would like to acquire. The Land Review Commission voted to recommend that this excess right-of-way be transferred to the State of Ohio, Department of Transportation, at no charge in recognition of the value of the lands previously transferred to the City of Columbus by the State of Ohio. The following legislation authorizes the Public Service Director to execute those documents necessary to transfer this unimproved portion of Morgan Road to the State of Ohio.
Title
To authorize the Public Service Director to execute those documents required to transfer a portion of unimproved Morgan Road to the State of Ohio, Department of Transportation and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, in 1995 the City of Columbus received a request from the State of Ohio, Department of Transportation, asking that the City transfer an unimproved portion of Morgan Road to the State for use as part of a wetland restoration area on the FRA-161-16.75 project; and
WHEREAS, in exchange for the transfer of this unimproved right-of-way the State proposed to transfer State owned lands in the vicinity of 17th Avenue to the City, Recreation and Parks Department; and
WHEREAS, in 1999 the State of Ohio transferred the State owned parcels valued at $125,897.00 to the City; however, the City never transferred the requested portion of unimproved Morgan Road to the State; and
WHEREAS, a value of $33,050.00 was determined for the unimproved portion of Morgan Road the State would like to acquire; and
WHEREAS, the Land Review Commission voted to recommend that this excess Morgan Road right-of-way be transferred to the State of Ohio, Department of Transportation, at no charge in recognition of the lands previously transferred to the City of Columbus by the State of Ohio; and
WHEREAS, the following legislation authorizes the Public Service Director to execute those documents necessary to transfer this unimproved portion of Morgan Road to the State of Ohio; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Public Service Director be and is hereby authorized to execute quit claim deeds and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to transfer the following described portion of unimproved Morgan Road to the State of Ohio, Department of Transportation; to-wit:
Morgan Road
Situated in the State of Ohio, County of Franklin, City of Columbus and being a part of Lot 9, Third Quarter, Township 2, Range 16, United States Military Lands and also being part of Morgan Road as dedicated in Plat Book 20, Page 45 and bounded and described as follows:
Commencing at a point in the centerline of Morgan Road, said point being North 03°24'33" East a distance of 1503.35 feet from a spike found where the centerline extended of Morgan Road would intersect the centerline of State Route 161 (also known as Dublin-Granville Road), said point also being North 03°24'33" East a distance of 10.21 feet from an iron pin found at the northwest corner of a 4.326 acre tract conveyed to Phyllis L. Fischer as recorded in Official Record 06212-J08;
Thence North 86°02'27" West (passing a railroad spike found at an angle point in the existing right-of-way line for Morgan Road at 20.29 feet, said spike also being at the northeasterly corner of a 30 acre tract conveyed to The New Albany Company as recorded in Official Record 12773-G01) a distance of 50.00 feet to an iron pin set at the southeasterly corner of the parcel herein intended to be described, said point also being the TRUE POINT OF BEGINNING;
Thence continuing with the northerly line of said 30 acre tract, said line also being the southerly right-of-way line for Morgan Road, North 86°02'27" West a distance of 720.00 feet to an iron pin set at the southwesterly corner of the tract herein intended to be described;
Thence North 03°57'33" East, a distance of 40.00 feet to an iron pin set on the existing northerly right-of-way line for Morgan Road, said point also being on the southerly property line of a 93.5 acre tract conveyed to The New Albany Company as recorded in Official Record 12773-G01;
Thence with said line South 86°02'27" East a distance of 719.61 feet to an iron pin set on the proposed westerly right-of-way line for Morgan Road;
Thence South 03°24'33" West a distance of 40.00 feet to the POINT OF BEGINNING containing 0.661 acres, more or less.
This description is based on a survey made by Dwight D. Stuckey, Registered Surveyor No. 4992, in 1993. The bearings for this description were based on the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1927, from Columbus Outerbelt Stations "N3-62" and "N4-62"
Section 2. That the above referenced real property shall be considered excess road rights-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quit claim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the above described excess right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 4. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the transfer of these properties.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.