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File #: 0042-2004    Version: 1
Type: Ordinance Status: Passed
File created: 12/29/2003 In control: Public Service & Transportation Committee
On agenda: 1/26/2004 Final action: 1/28/2004
Title: To authorize the Public Service Director to execute those documents required to transfer a portion of Worthington Road, north of Polaris Parkway, to NP Limited Partnership; and to waive the Land Review Commission and the competitive bidding provisions of Columbus City Codes.
Explanation
 
The City of Columbus, Public Service Department, Transportation Division, received a request from NP Limited Partnership asking that the City transfer excess right-of-way identified as a portion of Worthington Road, north of Polaris Parkway, to them to allow for future development of their adjacent property.  NP Limited Partnership originally deeded this right-of-way to the City at no charge as a part of the Polaris Parkway Improvement project.  The configuration of some of the roadways within the Polaris Centers of Commerce changed subsequent to the completion of right-of-way acquisition for the Polaris Parkway project resulting in the City holding title to excess public right-of-way.  After investigation it was determined that there are no objections to the transfer of that portion of Worthington Road NP Limited Partnership has requested.  The Department of Law, Real Estate Division, established a value of $1.50 per square foot for this right-of-way; however, the Transportation Division recommendation is that this right-of-way be re-conveyed to NP Limited Partnership at no charge.
 
Title
 
To authorize the Public Service Director to execute those documents required to transfer a portion of Worthington Road, north of Polaris Parkway, to NP Limited Partnership; and to waive the Land Review Commission and the competitive bidding provisions of Columbus City Codes.
 
Body
 
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from NP Limited Partnership asking that the City transfer excess right-of-way identified as a portion of Worthington Road, north of Polaris Parkway, to them to allow for future development of their adjacent property; and
 
WHEREAS, NP Limited Partnership originally deeded this right-of-way to the City at no charge as a part of the right-of-way for the Polaris Parkway Improvement project; and
 
WHEREAS, the configuration of some of the roadways within the Polaris Centers of Commerce changed after the completion of acquisition of the right-of-way needed for the project resulting in the City holding title to excess public right-of-way; and
 
WHEREAS, after investigation it was determined that there are no objections to the transfer of the portion of Worthington Road that NP Limited Partnership has requested; and
 
WHEREAS, the Department of Law, Real Estate Division established a value of $1.50 per square foot for this right-of-way; and
 
WHEREAS, the Transportation Division recommendation is that this right-of-way be re-conveyed to NP Limited Partnership at no charge; 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 right-of-way to NP Limited Partnership at no charge; to-wit:
 
Situated in the State of Ohio, County of Delaware, City of Columbus, Farm Lot 17, Section 4, Township 3, Range 18, United States Military Lands and being 0.251 acres of land out of said Farm Lot 17 and being 0.251 acres of land out of the City of Columbus (all records being of the Recorder's Office, Delaware County, Ohio) and being more particularly described as follows:
Beginning for reference at the centerline intersection of Polaris Parkway (Variable Width) as recorded in Plat Book 24, Page 137 with the centerline intersection of Olde Worthington Road;
Thence North 45°40'17" East (non radial) crossing said Polaris Parkway, a distance of 97.06 feet to a 1" iron pipe set with an EDG cap on the northerly right-of-way line of said Polaris Parkway and also being a point on the southerly line of a 19.952 acre tract of land as conveyed to N.P. Limited Partnership of record in Official Record Volume 268, Page 2340 and being a point on a curve and also being a point on the corporation line between the City of Columbus and Orange Township and being the true point of beginning;
Thence with the northerly right-of-way line together with the southerly line of said 19.952 acre tract of land, the following two (2) courses;
1)      With a curve northeasterly and to the left having a radius of 604.81 feet, a central angle of 32°54'16", a chord bearing of North 56°21'37" East, and a chord distance of 342.58 feet to a 1" iron pipe set with an EDG cap;
2)      South 50°05'31" East, a distance of 20.00 feet to a 1" iron pipe set with an EDG cap on the westerly right-of-way line of said Worthington Road and said corporation line;
Thence South 39°54'29" West with the westerly right-of-way line of said Worthington Road and said corporation line, a distance of 228.00 feet to a 1" iron pipe set with an EDG cap;
Thence South 89°14'07" West crossing said Worthington Road and said Polaris Parkway, a distance of 154.30 feet to the true point of beginning and containing 0.251 acres of land more or less.
This description was prepared by Environmental Design Group.  The basis of bearing is North 03°31'27" East for the centerline of Interstate 71 and all other bearings calculated from this meridian.
 
Maynard H. Thompson, P.S., Registered Surveyor No. 7128
 
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 this excess right-of-way.
 
Section 5.  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 Land Review Commission recommendation and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this excess right-of-way.
 
Section 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.