Explanation
The City of Columbus, Ohio ("City") and the State of Ohio, Department of Transportation ("ODOT") desire to exchange certain real property interests of equal acreage, for land located in the vicinity of Third Avenue and Olentangy River Road. The 2.458 +/- acre exchange will benefit both parties by allowing access to the Gowdy Park development, on the City's former heliport site, from Olentangy River Road, and in exchange ODOT will acquire highway easement rights, including limited access limitations, to property further south on Olentangy River near its State Route 315 exit and entrance ramp. The following legislation authorizes the Director of Finance and Management to execute a Purchase Contract between ODOT and the City and any ancillary documents necessary to obtain and accept a Quitclaim Deed for 2.458 +/- acres of real property from ODOT, and to grant ODOT a Quitclaim Deed of Highway Easement, including limited access limitations, for real property of equal acreage .
Fiscal Impact: The land exchange will equally benefit both the City and ODOT therefore no money will be involved.
Emergency Justification: Emergency action is requested to allow for the immediate benefit to the parties and their respective interests and to allow for the timely development of the Gowdy Park III project.
Title
To authorize the Director of the Department of Finance and Management to execute a Purchase Contract between ODOT and the City and any ancillary documents necessary to accept a Quitclaim Deed for 2.458 +/- acres of real property from ODOT; to grant ODOT a Quitclaim Deed of Highway Easement, including limited access limitations, for real property of equal acreage; and to declare and emergency.
Body
WHEREAS, The City of Columbus, Ohio ("City") and the State of Ohio, Department of Transportation ("ODOT") desire to exchange certain real property interests of equal acreage located in the vicinity of Third Avenue and Olentangy River Road; and
WHEREAS, the 2.458 +/- acre exchange will benefit both parties by allowing future access to the Gowdy Park development, on the City's former heliport site, from Olentangy River Road, and in turn ODOT will acquire highway easement rights, including limited access limitations, to property further south on Olentangy River near its State Route 315 exit and entrance ramp; and
WHEREAS, after investigation by the Department of Public Service and the Department of Finance and Management, it has been determined that in its best interest, the City should grant the subject Quitclaim Deed of Highway Easement to ODOT in exchange for a Quitclaim Deed of the same acreage to be granted to the City; and
WHEREAS, the City has determined the exchange to be equitable and therefore no money will be involved; and
WHEREAS, an emergency exists in the usual daily operation of the City, in that it is necessary to authorize the Director of the Department of Finance and Management to execute a Purchase Contract between ODOT and the City and any ancillary documents necessary to obtain and accept a Quitclaim Deed for 2.458 +/- acres of real property to allow future access to certain property located in the vicinity of Third Avenue and Olentangy River Road to and from Olentangy River Road, and in exchange to grant ODOT a Quitclaim Deed of Highway Easement, including limited access limitations, for real property of equal acreage located in the vicinity of Olentangy River Road and State Route 315, for the 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 Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to enter into a purchase agreement and for the City to accept the following describe real property from ODOT:
2.458 ACRES
TO BE CONVEYED IN FEE SIMPLE
TO THE CITY OF COLUMBUS
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Section 6, Township 5, Range 22, Refugee Lands, being all of the 0.248 acre tract conveyed as Parcel No. 1-WD and part of the 9.213 acre tract conveyed as Parcel No. 1-WL to State of Ohio by deeds of record in Deed Book 2801, Page 454 and Deed Book 2801, Page 551, respectively, being part of Lot 7 of William Neil's Heirs Land, a plat of record in Plat Book 3, Page 168 & 169, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
Beginning for Reference, at a monument box in the centerline of Third Avenue, as dedicated in "Dedication of 3rd Ave and Perry St," of record in Plat Book 4, Page 164, being South 86° 24' 25" East, a distance of 3.43 feet, from the centerline intersection of said Third Avenue and Olentangy River Road;
Thence South 03° 33' 26" West, with the centerline of said Olentangy River Road, a distance of 29.96 feet to the TRUE POINT OF BEGINNING;
Thence South 86° 24' 38" East, with the northerly line of said 9.213 acre tract, a distance of 54.25 feet to an iron pin set in a proposed westerly limited access right-of-way line of State Route 315;
Thence across said 9.213 acre, with said westerly proposed limited access right-of-way line, the following courses and distances:
South 03° 02' 45" West, a distance of 8.59 feet to an iron pin set at a point of curvature to the left;
with the arc of said curve to the left, having a central angle of 57° 27' 13", a radius of 31.00 feet, an arc length of 31.09 feet, a chord bearing and distance of South 32° 17' 03" West, 29.80 feet to an iron pin set at a point of tangency;
South 03° 33' 26" West, a distance of 255.97 feet to an iron pin set at a point of curvature to the right;
with the arc of said curve to the right, having a central angle of 05° 49' 09", a radius of 2904.79 feet, an arc length of 295.02 feet, a chord bearing and distance of South 06° 28' 01" West, 294.90 feet to an iron pin set at a point of tangency;
South 09° 22' 35" West, a distance of 191.25 feet to an iron pin set at a point of curvature to the left;
with the arc of said curve to the left, having a central angle of 17° 18' 25", a radius of 1250.00 feet, an arc length of 377.58 feet, a chord bearing and distance of South 00° 43' 23" West, 376.14 feet to an iron pin set at a point of tangency; and
South 07° 55' 49" East, a distance of 17.88 feet to an iron pin set in the existing westerly limited access right-of-way line of State Route 315, as shown in State of Ohio Right-of-Way Plan FRA-315-0.39, being a westerly line of said 9.213 acre tract and an easterly line of the remainder of the original 30.92 acre First Tract conveyed to The City of Columbus by deed of record in Deed Book 700, Page 243;
Thence with said existing westerly limited access right-of-way line, the westerly line of said 9.213 acre tract and the easterly line of the remainder of said original 30.92 acre First Tract, the following courses and distances:
North 12° 35' 26" West, across the right-of-way of said Olentangy River Road, a distance of 332.16 feet to a 5/8" rebar capped "7863" found; and
North 02° 48' 55" East, (passing a 5/8" rebar capped "7863" found at 30.19 feet), a total distance of 400.51 feet to a 5/8" rebar found in concrete in the westerly right-of-way line of said Olentangy River Road;
Thence North 02° 42' 31" East, with said existing westerly limited access right-of-way line, the westerly right-of-way line of said Olentangy River Road, the westerly line of said 9.213 acre tract and the easterly line of the remainder of said original 30.92 acre First Tract, a distance of 346.89 feet to an iron pin set;
Thence North 28° 23' 14" West, continuing with said existing westerly limited access right-of-way line, said westerly right-of-way line, the westerly line of said 9.213 acre tract and the easterly line of the remainder of said original 30.92 acre First Tract, a distance of 97.03 feet to an iron in set at a southeasterly corner of said 0.248 acre Parcel No. 1-WD, being the southerly right-of-way line of said Third Avenue;
Thence North 86° 24' 38" West, with said southerly right-of-way line and with the line common to the remainder of said 30.92 acre tract and 0.248 acre tract, a distance of 539.99 feet to a 3/4" iron pipe found at a southwesterly corner of said 0.248 acre tract;
Thence North 03° 03' 05" East, with the line common to the remainder of said 30.92 acre tract and said 0.248 acre tract, a distance of 20.06 feet to a 3/4" pipe found in the southerly right-of-way line of said Third Avenue;
Thence South 86° 24' 38" East, with the northerly line of said 0.248 acre tract (the original southerly right-of-way line of said Third Avenue), a distance of 666.41 feet to the TRUE POINT OF BEGINNING and containing 2.458 acres of land, more or less;
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.
Bearings are based on the Ohio State Plane Coordinate System as per South Zone - NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments 5-83 & 4-83, having a bearing of North 00° 22' 10" West, for the west limited access right-of-way line of Olentangy River Road, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.,
Heather L. King, Date, Registered Surveyor No. 8307
Section 2. That the Director of Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant the State of Ohio, Department of Transportation a Quitclaim Deed of Highway Easement, to include limited access limitations, in and to the following described real property:
2.458 ACRES
TO BE CONVEYED AS LIMITED ACCESS EASEMENT
TO THE STATE OF OHIO
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Sections 6 and 7, Township 5, Range 22, Refugee Lands, being part of that original 30.92 acre First Tract (being part of Lot 7 of William Neil's Heirs Land, a plat of record in Plat Book 3, Page 168 & 169) and that original 51.93 acre Second Tract conveyed to The City of Columbus by deed of record in Deed Book 700, Page 243 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly described as follows:
Beginning for Reference, at a monument box in the centerline of Third Avenue, as dedicated in "Dedication of 3rd Ave and Perry St," of record in Plat Book 4, Page 164, being South 86° 24' 25" East, a distance of 3.43 feet, from the centerline intersection of said Third Avenue and Olentangy River Road;
Thence South 03° 33' 26" West, with the centerline of said Olentangy River Road, a distance of 29.96 feet to a point;
Thence North 86° 24' 38" West, with the northerly line of that 9.213 acre tract conveyed as Parcel No. 1-WL to State of Ohio by deed of record in Deed Book 2801, Page 551, a distance of 126.26 feet to a point;
Thence South 03° 35' 22" West, with the westerly line of said 9.213 acre tract, a distance of 20.06 feet to an iron pin set in the existing westerly limited access right-of-way line of State Route 315, as shown in State of Ohio Right-of-Way Plan FRA-315-0.39, being the westerly right-of-way line of Olentangy River Road;
Thence with said existing westerly limited access right-of-way line, said westerly right-of-way line, the westerly line of said 9.213 acre tract and the easterly line of the remainder of said original 30.92 acre tract, the following courses and distances:
South 28° 23' 14" West, a distance of 97.03 feet to an iron pin set;
South 02° 42' 31" West, a distance of 346.89 feet to a 5/8" rebar found in concrete;
South 02° 48' 55" West, across said Olentangy River Road, (passing a 5/8" rebar capped "7863" found at 370.32 feet), a total distance of 400.51 feet to a 5/8" rebar capped "7863" found; and
South 12° 35' 26" East, continuing across said Olentangy River Road, a distance of 332.16 feet to an iron pin set, the TRUE POINT OF BEGINNING;
Thence with easterly line of the remainder of said 30.92 and 51.93 acre tracts, said existing westerly limited access right-of-way line, the following courses and distances:
South 12° 35' 26" East, a distance of 606.98 feet to an iron pin set;
South 11° 02' 38" East, a distance of 143.29 feet to a 5/8" rebar capped "7863" found;
South 02° 48' 17" East, a distance of 282.21 feet to a 5/8" rebar capped "7863" found;
South 13° 58' 39" West, a distance of 492.21 feet to a 3/4" iron pipe found;
South 10° 58' 22" West, a distance of 408.00 feet to a 3/4" iron pipe found; and
South 78° 43' 14" West, a distance of 18.34 feet to an iron set at the southeast corner of the 7.849 acre tract conveyed to Gowdy Partners II LLC by deed of record in Instrument Number 200604130069238, being in the westerly right-of-way line of Olentangy River Road and a proposed westerly limited access right-of-way line of said State Route 315;
Thence with across said 51.93 acre tract, with said westerly right-of-way line, said westerly proposed limited access right-of-way line and the easterly line of said 7.849 acre tract, the following courses and distances:
North 03° 24' 24" East, a distance of 117.07 feet to a 3/4" iron pipe found;
North 00° 04' 41" East, a distance of 166.85 feet to a 3/4" iron pipe found (0.12' N, 0.18' E);
North 05° 47' 24" East, a distance of 368.78 feet to 5/8" rebar found in concrete (0.06' N, 0.35' E); and
North 02° 07' 17" East, a distance of 216.45 feet to an iron pin set;
Thence across said Olentangy River Road and the remainder of said original 51.93 acre tract, with said proposed westerly limited access right-of-way line, the following courses and distances:
South 87° 52' 43" East, a distance of 110.09 feet to an iron pin set;
North 00° 59' 01" West, a distance of 29.91 feet to an iron pin set;
North 01° 24' 43" West, a distance of 100.69 feet to an iron pin set;
North 03° 03' 32" West, a distance of 91.23 feet to an iron pin set;
North 05° 58' 31" West, a distance of 177.02 feet to an iron pin set;
North 08° 38' 43" West, a distance of 247.28 feet to an iron pin set; and
North 08° 27' 07" West, a distance of 373.20 feet to an iron pin set;
Thence North 07° 55' 49" West, across the remainder of said original 51.93 and 30.92 acre tracts, continuing with said westerly proposed limited access right-of-way line, a distance of 22.68 feet to the TRUE POINT OF BEGINNING and containing 2.458 acres of land, more or less;
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.
Bearings are based on the Ohio State Plane Coordinate System as per South Zone - NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments 5-83 & 4-83, having a bearing of North 00° 22' 10" West, for the west limited access right-of-way line of Olentangy River Road, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
EVANS, MECHWART, HAMBLETON & TILTON, INC., Heather L. King, Date, Registered Surveyor No. 8307
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 its passage if the Mayor neither approves nor vetoes the same.