Explanation
1. BACKGROUND
By virtue of the plat titled "Park Addition", of record in Plat Book 2, page 51, Recorder's Office, Franklin County, Rail Road Street, from Neil Avenue east to Park Street was dedicated as public right-of-way to the City of Columbus ("City"). Subsequent to this dedication of Rail Road Street, 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") and a building was constructed over a portion of this parcel. To clear a cloud on the title to this property NWD recently requested the City quit claim any rights they may have in and to any land falling within the original limits of that portion of platted Railroad Street lying east of School Alley and west of Front Street. 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 accommodate this request from NWD and clear this cloud on the title to the land.
2. FISCAL IMPACT
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Title
To authorize the Director of the Department of Public Service to execute a quitclaim deed, prepared by the City Attorney's Office, which will 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, of record in Plat Book 2, page 51, lying east of School Alley and west of Front Street; 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 Park Street, 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 the property to NWD Investments, LLC; and
WHEREAS, NWD Investments, LLC constructed a building over a portion of this parcel; 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, lying east of School Alley and west of Front Street; 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 any land falling within the original limits of Railroad Street as dedicated for public use on that plat titled Park Addition of record in Plat Book 2, page 51, lying east of School Alley and west of Front Street.
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 Quitclaimed without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the release 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 Quitclaimed 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 release 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.