Explanation
1. BACKGROUND
By virtue of the plat titled "Park Addition", of record in Plat Book 2, Page 51, Recorder's Office, Franklin County, Ohio, the City of Columbus ("City") is the owner of right-of-way identified as Rail Road Street, from Neil Avenue east to School Alley. Subsequent to the dedication of this right-of-way, the City granted the Columbus, Springfield & Cincinnati Railroad a license to use the north ½ of this road for railway purposes. There is no indication this road was ever vacated as public right-of-way, however the Cleveland, Cincinnati, Chicago & St. Louis Railway Company (a successor to the Columbus, Springfield & Cincinnati Railroad) transferred a portion of this road to Hamilton Parker Company in 1979 and Hamilton Parker Company subsequently transferred this property to Columbus and Southern Power Company. Columbus Southern Power Company in turn transferred this property to NWD Investments, LLC. NWD Investments, LLC recently requested the City quit claim any rights they may have in and to any land falling within the original limits of Railroad Street, as dedicated for public use on that plat titled Park Addition, to clear a cloud on the title to this property. The following legislation authorizes the Director of the Department of Public Service to execute a quitclaim deed, prepared by the City Attorney's Office, which will transfer and release any interest the City may still have in any land falling within the original limits of Rail Road Street as shown on the plat of Park Addition as more fully described in the body of this legislation.
2. FISCAL IMPACT
N/A
Title
To authorize the Director of Public Service to execute a quitclaim deed, prepared by the City Attorney's Office, which will transfer and release any interest the City may still have in any land falling within the original limits of Railroad Street as shown on the plat of Park Addition as more fully described in the body of this legislation; and to the extent that they may apply to waive the competitive bidding and Land Review Commission provisions of Columbus City Code.
Body
WHEREAS, that right-of-way identified as Rail Road Street, from Neil Avenue east to School Alley, was dedicated as public right-of-way on the plat titled Park Addition, of record in Plat Book 2, Page 51; and
WHEREAS, subsequent to the dedication of this right-of-way the City granted the Columbus, Springfield & Cincinnati Railroad a license to use the north ½ of the road for railway purposes; and
WHEREAS, there is no indication this road was ever vacated as public right-of-way, however the Cleveland, Cincinnati, Chicago & St. Louis Railway Company (a successor to the Columbus, Springfield & Cincinnati Railroad) transferred a portion of this road to Hamilton Parker Company in 1979; and
WHEREAS, Hamilton Parker Company subsequently transferred this property to Columbus and Southern Power Company who in turn transferred to NWD Investments, LLC; and
WHEREAS, to clear a cloud on the title to this property NWD Investments, LLC has requested the City quit claim any rights they may have in and to any land falling within the original limits of Railroad Street as dedicated for public use on that plat titled Park Addition; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That, as requested by NWD Investments LLC the Director of the Department of Public Service be and is hereby authorized to execute those documents prepared by the City Attorney's office that will clear a cloud on the title and quitclaim the City's interest, if any, to the following described portion of Railroad Street property , to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 10 (Section 8), Township 5, Range 22, Refugee Lands, being in Railroad Street, of record in "Park Addition", a subdivision of record in Plat Book 2. Page 51, and part of the original 4.912 acre tract conveyed to NWD Investments, LLC by deed of record in Instrument Number 199902180041487 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at an iron pin set at a northeast corner of said 4.912 acre tract, the southeast corner of the remainder of the 0.604 acre tract conveyed to City of Columbus by deed of record in Instrument Number 199912300318818 (of which 0.509 acres was abandoned by City of Columbus Ordinance 0061-2008, and southwest corner of 1.768 acres dedicated as roadway of record in City of Columbus Ordinance Number 0536-2006, being the southwesterly terminus of Kilbourne Street as dedicated by said Ordinance Number 0536-2006 and also being the northwesterly terminus of "Columbus Convention Center Drive and School Alley Dedication and Easements" a plat of record in Plat Book 109, Pages 86 and 87;
Thence North 86°27'56" West, with the line common to said 0.604 and 4.192 acre tracts, the southerly right-of-way line of said Railroad Street (abandoned) , a distance of 391.51 feet to an iron pin set at a corner thereof, being the TRUE POINT OF BEGINNING;
Thence North 86°27'56" West, with the southerly right-of-way line of said Railroad Street, across said 4.912 acre tract, a distance of 109.13 feet to an iron pin set on the easterly right-of-way line of Neil Avenue, of record in said "Park Addition", being the line common to said Half Section 10 and Half Section 9, Township 5, Range 22;
Thence North 03°34'59" East, with said easterly right-of-way line and the westerly line of said 4.912 acre tract, with said common Half Section line, a distance of 49.99 feet to an iron pin set at the common corner of said 4.912 and 0.604 acre tracts, being the intersection of said easterly right-of-way line with the northerly line of said Railroad Street, also being a southwesterly corner of said 1.768 acre tract and an angle point in the easterly right-of-way line of Neil Avenue, as dedicated in City of Columbus Ordinance Number 0536-2006;
Thence South 61°50'47" East, across said Railroad Street, partially with said easterly right-of-way line as dedicated in City of Columbus Ordinance Number 0536-2006, and with the line common to said 4.912 and 0.604 acre tracts (passing an iron pin set at 24.61 feet), a distance of 120.00 feet to the TRUE POINT OF BEGINNING and containing 0.063 acre of land, being out of Auditor's Parcel Number 010-247808;
Subject, however, to all legal rights of way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings shown herein are based on the same meridian as the bearings shown on the subdivision plat entitled "Huntington Park" of record in Plat Book 112, Pages 24 and 25, Recorder's Office, Franklin County, Ohio. On said plat of record, the centerline of Huntington Park Lane has a bearing of North 03°05'07" East.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Heather L. King, Registered Surveyor No. 8307
Section 2. 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 vacation of this right-of-way.
Section 3. 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 a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the vacation of this right-of-way.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.