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File #: 1047-2010    Version: 1
Type: Ordinance Status: Passed
File created: 6/29/2010 In control: Judiciary And Court Administration Committee
On agenda: 7/19/2010 Final action: 7/21/2010
Title: To authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed and any ancillary documents necessary to grant the City of Gahanna, Ohio 0.038 +\- acres of City owned real property, land locked within Gahanna's corporate limits, at Interstate 270 and North Hamilton Road, for use as a public park, to waive competitive bidding and Land Review Commission requirements of the Columbus City Codes, (1959) Revised, and to declare an emergency.
Explanation
 
The City of Columbus ("City") desires to convey to the City of Gahanna, Ohio, ("Gahanna") a municipal corporation, 0.038 +\- acres of real property land locked within Gahanna's corporate limits and located in the vicinity of interstate 270 and North Hamilton Road.  Upon the construction of the interstate 270, several boundary changes took place, which were designed to re-locate the City's corporate limits inside of the outer belt and Gahanna's corporate boundary outside of the I-270 outer belt.  The subject real property is a triangular residual piece of a larger parcel annexed to the City of Columbus by the City of Gahanna.  However, after the completion of the interstate, the City is left with a residual parcel within the Gahanna's boundaries, for which it has no practical use.  In the spirit of intergovernmental cooperation, the City desires to convey the subject property by Quitclaim Deed to the City of Gahanna, at no charge, with a restriction that the property shall perpetually be used as a park for the use and benefit of the public.  After investigation by the Department of Finance and Management, it has been determined that the conveyance of the subject property will not adversely affect the City and should be allowed.  The following legislation authorizes the Director of the Department of Finance and Management to execute those documents necessary for the transfer of the aforementioned real property.
 
Fiscal Impact:  N/A
 
Emergency Justification:  In the spirit of intergovernmental cooperation, emergency action is requested as not to delay the public's benefit and use of the park.
 
 
 
Title
 
To authorize the Director of the Department of Finance and Management to execute a Quitclaim Deed and any ancillary documents necessary to grant the City of Gahanna, Ohio 0.038 +\- acres of City owned real property, land locked within Gahanna's corporate limits, at Interstate 270 and North Hamilton Road, for use as a public park, to waive 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 desires to convey to the City of Gahanna, Ohio, a municipal corporation, 0.038 +\- acres of real property land locked within Gahanna's corporate limits in the vicinity of interstate 270 and North Hamilton Road; and
 
WHEREAS, upon the construction of the interstate, several boundary changes took place designed to re-locate the City's corporate limits inside of the outer belt and Gahanna's corporate boundary outside of the I-270 outer belt; and
WHEREAS, the subject real property is a residual piece of a larger parcel annexed to the City of Columbus by the City of Gahanna; and
WHEREAS, however, after the completion of the interstate, the City is left with a residual parcel within Gahanna's boundaries, for which it has no practical use; and
 
WHEREAS, in the spirit of intergovernmental cooperation, the City desires to convey the subject property by Quitclaim Deed to the City of Gahanna, at no charge, with a restriction that the property shall perpetually be used as a park for the use and benefit of the public; and
 
WHEREAS, after investigation by the Department of Finance and Management it has been determined that the conveyance of the subject property will not adversely affect the City and should be allowed; 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 Finance and Management to execute a Quit Claim Deed and all ancillary documents necessary to convey the real property more fully described in the body of this legislation to the City of Gahanna 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 Finance and Management be and hereby is authorized to execute a Quit Claim Deed and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant the City of Gahanna, Ohio, a municipal corporation, the following described City owned real property for public park use:
 
0.386 OF AN ACRE
 
      Situated in the State of Ohio, County of Franklin, City of Gahanna, located in part of Quarter Township 4, Township 1, Range 17, United States Military District, being part of Parcel No. 52 of those lands described in the deed to the City of Columbus, recorded in Deed Book 3337, Page 584 (record references to those of the Recorder's Office, Franklin County, Ohio), and being more particularly described as follows:
      Beginning at an axle found at the northeasterly corner of said lands of the City of Columbus, being the southeasterly corner of that 11.071 acre tract of land described in the deed to the City of Gahanna, recorded in Instrument No. 200305230153440, and being at an angle point in the westerly line of that original 12.516 acre tract of land described in the deed to the City of Gahanna, recorded in Official Record Volume 31107-I07;
      thence southerly and southwesterly along the easterly line of said lines of the City of Columbus, being the westerly line of said 12.516 acre tract, the following two (2) courses and distances:
      1.      South 10°46'11" East, 107.98 feet to a ¾" iron pipe found; And,
      2.      South 30°06'26" West, 10.18 feet to the northeasterly corner of the 8.727 acre tract of land described in the deed to the State of Ohio (Parcel 749-WL1), recorded in Official Record Volume 654-E05, being the northwesterly corner of that 20.845 acre tract of land described in the deed to the State of Ohio (Parcel 1187-WL), recorded in Deed Book 3071, Page 555, and being 225.63 feet left of centerline station 1633+47.25 of Interstate Route 270 (I-270), as shown on R/W Plans FRA-270-28.30N, said corner being referenced by a ¾" iron pipe found 0.35 foot North;
      thence northwesterly along the northeasterly Limited Access right-of-way line of said I-270, being along the northeasterly line of said 8.727 acre tract, North 66°16'23" West, 331.95 feet to an iron pipe set in the northerly line of said lands of the City of Columbus, being the easterly corner of that 0.311 of an acre tract of land described in the deed to the State of Ohio (Parcel 1184-WL1), recorded in Deed Book 3343, Page 567, and being 237.00 feet left of centerline station 1630+15.51;
      thence easterly along said northerly line, being the southerly line of said 11.071 acre tract, South 86°17'43" East, 289.43 feet returning to the 'Point of Beginning,' containing 0.386 of an acre of land, more or less, as surveyed and described in May of 2010, by Carl E. Turner Jr., Registered Land Surveyor No. S-6702.
      Subject, however, to all legal rights-of-way, if any, of previous record.  It is the intent of the foregoing description to include all of said Parcel No. 52 of the City of Columbus lands lying northerly of said northeasterly Limited Access right-of-way line of Interstate Route 270.
      Bearings are based on that meridian used for the centerline of I-270 (i.e. North 68°14'13" West), and referenced to monumentation found at Stations 1600+21.91 & 1659+34.92, as shown on Sheet 1 of R/W Plans FRA-270-26.76N & 28.30N.  Iron pipes called for as set are ¾" I.D., 30 inches in length, driven flush to the ground, and capped with a yellow plastic plug inscribed "C. TURNER/P.S. 6702."
 
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 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.