Explanation
Under the terms of the Airport Operation and Use Agreement, which created the Columbus Municipal Airport Authority ("Port Authority"), once the Port Authority repaid, in full, the City debt issued for the airports, the City of Columbus ("City") was contractually obligated to convey to the Port Authority all airport property. In December 2007, the Port authority made their final debt payment to the City; therefore, per the Airport Operation and Use Agreement the City is obligated to complete various land transfers. In December 2007, the City conveyed most of the City owned land to the Port Authority; however, at that time legal descriptions for some of the city streets which had been previously closed and used as airport property were not available, consequently it was agreed to convey these at such time as descriptions became available.
The following legislation authorizes the Director of the Public Service Department to execute those documents needed to transfer that portion of Old Norton Road from Alkire Road to Baush Road to the Port Authority.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer that property identified as Old Norton Road between Alkire Road and Baush Road to the Columbus Regional Airport Authority.
Body
WHEREAS, under the terms of the Airport Operation and Use Agreement, which created the Columbus Municipal Airport Authority ("Port Authority"), once the Port Authority repaid, in full, the City debt issued for the airports, the City of Columbus ("City") was contractually obligated to convey to the Port Authority all airport property; and
WHEREAS, the Port Authority made their final debt payment to the City in December 2007; and
WHEREAS, concurrent with the Port Authority's repayment of their debt, per the obligations contained in the Airport Operation and Use Agreement, the City conveyed most of the City owned lands to them; and
WHEREAS, at the time of transfer, descriptions for some of the City streets, which had been previously closed and used as airport property, were not available, consequently the parties agreed to convey the remaining properties to the Port Authority at such time as descriptions became available; and
WHEREAS, the following legislation authorizes the Director of the Public Service Department to execute those documents needed to transfer that portion of Old Norton Road from Alkire Road to Baush Road to the Port Authority; and
WHEREAS, because the City is contractually obligated to transfer this portion of Old Norton Road to the Port Authority the Land Review Commission and the Competitive Bidding provisions of Columbus City Code are not applicable to this transfer; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Service Department be and is hereby authorized to execute quit claim deeds and other incidental instruments prepared and/or approved by the Department of Law, Real Estate Division, necessary to transfer the following described right-of-way to the Columbus Regional Airport Authority; to-wit:
2.658 Acres - Old Norton Road between Alkire Road and Baush Road
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Survey No. 1436 of the Virginia Military District, being all of that portion of Old Norton road (60 feet in width) that lies between Alkire Road on the north and Baush Road on the south, across (Parcel 5) an original 100.5 acre tract, further described as being part of the 380.25 acre tract conveyed as Tracts 22, 23, 24, 25 & 30 to Columbus Regional Airport Authority by deed of record in Instrument Number 200712310221193, all records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows;
Begin for reference at Franklin County Engineer monument FCGS 1525 found at the centerline intersection of Norton Road and Alkire Road;
Thence North 87°35'05" West, a distance of 187.31 feet, passing Franklin County Engineer Monument FCGS 1524 at 125.29 feet along the centerline if said Alkire Road to a point;
Thence South 02°24'55" West, a distance of 40.00 feet, to a point on the southerly right-of-way line of said Alkire Road, and being the Point of True Beginning for the herein described tract;
Thence South 87°35'05" East, a distance of 71.70 feet, along the southerly right-of-way line of said Alkire Road to a point;
Thence South 35°36'41" West, a distance of 537.17 feet, to a point of curvature;
Thence along a curve to the left, having a central angle of 30°30'50", a radius of 256.48 feet, an arc length of 136.59 feet, a chord to which bears South 20°21'16" West, and a chord distance of 134.98 feet, to a point of tangency;
Thence South 05°05'51" West, a distance of 1255.25 feet, to a point on the northerly right-of-way line of said Baush Road;
Thence South 86°10'30" West, a distance of 60.73 feet, along the northerly right-of-way line of said Baush Road;
Thence North 05°05'51" East, a distance of 1264.67 feet, to a point of curvature;
Thence along a curve to the right, having a central angle of 30°30'50", a radius of 316.48 feet, an arc length of 168.55 feet, a chord to which bears North 20°21'16" East, and a chord distance of 166.56 feet, to a point of tangency;
Thence North 35°36'41" East, a distance of 497.91 feet, to the Point of True Beginning, containing 2.658 acres, more or less.
The bearings shown above are based on the Grid Bearing of North 87°35'05" West, for the centerline of Alkire Road between Franklin County Engineer's Monuments "FCGS 1525" and "FCGS 1522" as determined by a GPS network of field observations performed in September 2007, (State Plane Coordinate System, South Zone, NAD 83, 1986 adjustment).
This description was based on an actual field survey of the Golf course performed in October 2007 under my direct supervision.
Stantec Consulting Services, Inc.
(formerly R.D. Zande and Associates, Inc.)
Robert L. Clay
Professional Surveyor No. S-8121
Section 2. That the above referenced real property shall be considered excess road right-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 right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said right-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement the Director of the Public Service Department is hereby authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the City.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.