Explanation
Ohio Revised Code Chapter 723.03 requires that property to be used as a public street or alley must be accepted and dedicated as public right-of-way by an ordinance specially passed for such purpose. Aircenter Drive, an existing but not dedicated or officially named street is located within that City of Columbus property known as Port Columbus International Airport. Under the Airport Operation and Use Agreement, which created the Columbus Municipal Airport Authority ("Port Authority"), the City is obligated to convey to the Port Authority all airport property once the Port Authority has repaid in full the City debt issued for the airports. The Port Authority intends to make their final debt payment in December 2007 and the City intends to convey all airport real property to the Port Authority by the end of December 2007. Prior to conveying any real property to the Port Authority, the City must officially dedicate and name Aircenter Drive so it can be excepted out of the premises to be transferred to the Port Authority. The following legislation provides for the City to dedicate as road right-of-way and name Aircenter Drive.
Emergency Justification: Emergency action is requested to allow the City of Columbus to transfer all airport property except the road right-of-way to the Columbus Municipal Airport Authority by the end of December 2007.
Title
To dedicate and name the Aircenter Drive as road right-of-way; and to declare an emergency.
Body
WHEREAS, Ohio Revised Code Chapter 723.03 requires that property to be used as a public street or alley must be accepted and dedicated as public right-of-way by an ordinance specially passed for such purpose; and
WHEREAS, Aircenter Drive, an existing but not dedicated or officially named street, is located within that City of Columbus property known as Port Columbus International Airport; and
WHEREAS, under the Airport Operation and Use Agreement, which created the Columbus Municipal Airport Authority, ("Port Authority") the City is obligated to convey to the Port Authority all airport property once the Port Authority has repaid in full the City debt issued for the airports; and
WHEREAS, the Port Authority intends to make their final debt payment in December 2007; and
WHEREAS, the City intends to convey all airport real property to the Port Authority by the end of December 2007; and
WHEREAS, prior to conveying the real property to the Port Authority, Aircenter Drive must be dedicated and named so it can be excepted out of the premises to be transferred to the Port Authority; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to dedicate and officially name Aircenter Drive as right-of-way so the City can transfer all airport property except the road right-of-way to the Port Authority by the end of December 2007 thereby preserving 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 City of Columbus hereby dedicates the following described property as road right-of-way; to wit:
Situate in the State of Ohio, County of Franklin, City of Columbus being in Quarter Township 4, Township 1, Range 17, United States Military Lands and being a strip of land on, over, and across the 51.39 acre tract conveyed as Parcel B to the City of Columbus by deed of record in O.R. 06730 B15, records of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows;
Begin for reference at a railroad spike found in the centerline of James Road (60 feet in width) at the common comer of said 62.068 acre tract and the 10.112 acre tract conveyed to Abraham and Renia Swartz by deed of record in O.R. 03273 A19;
Thence N 04° 38' 56" E, a distance of 1038.76 feet, along the line common to said 62.068 and 10. 112 acre tracts, to an iron pin found at the common comer of said 10.112 acre tract and the original 230 acre tract conveyed to the United States of American by deed of record in Deed Book 2140, Page 381;
Thence N 04° 44' 59" E, a distance of 258.45 feet, along the line common to said 62.068 and original 230 acre tracts to an iron pin found at the common comer of said original 230 and aforesaid 51.39 acre tracts;
Thence N 86° 23' 16" W, a distance of 121.28 feet, along the line common to said original 230 and 51.39 acre tracts to the POINT OF TRUE BEGINNING of the herein described right-of-way;
Thence continue N 86° 23' 16" W, a distance of 612.00 feet along said line common to the Original 230 and 51.39 acre tracts, to a point at the common comer of said Original 230 acre tract and the 36.0926 acre tract conveyed to Beverage Management, Inc. by deed of record in O.R. 32545 C20;
Thence N 85° 47' 40" W, a distance of 943.76 feet along the line common to said 51.39 and 36.0926 acre tracts to a point;
Thence N 85° 26' 55" W, a distance of 972.88 feet continuing along said line common to the 51.39 and 36.0926 acre tracts, and along the line common to said 51.39 acre tract and the 13.37 acre tract conveyed to Eastbank Realty, Ltd. to a point in the easterly right-of-way line of Stelzer Road;
Thence N 04° 06' 05" E, a distance of 130.36 feet along said right-of-way line of said Stelzer Road, to a point;
Thence the following three (3) courses and distance across the said 51.39 acre tract;
1. Thence southeasterly along an arc of a curve to the left having a radius of 50.00 feet, a central angle of 89° 55' 26", and a chord bearing S 40° 51' 38" E, a chord distance of 70.66 feet to the point of tangency;
2. Thence S 85° 49' 21" E, a distance of 2,166.78 feet to a point of curvature of a curve to the right;
3. Thence southeasterly along a arc of said curve having a radius of 640.00 feet, a central angle of 29° 10' 32" and a chord bearing S 71° 14' 05" E, a chord distance of 322.38 feet to the POINT OF TRUE BEGINNING;
The bearings shown above are based on the bearing of S 85° 33' 07" E for the centerline of International Gateway (Airport Road) as shown on the State Of Ohio Department Of Transportation Right-Of-Way Plans FRA-670-3.93-AA.
Section 2. That the City of Columbus names the above described property as Aircenter Drive.
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 passage if the Mayor neither approves nor vetoes the same.