City of Columbus - File #: 0739-2022

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details
3/30/2022	1	CITY CLERK	Attest		Action details	Meeting details
3/29/2022	1	MAYOR	Signed		Action details	Meeting details
3/28/2022	1	COUNCIL PRESIDENT	Signed		Action details	Meeting details
3/28/2022	1	Columbus City Council	Approved	Pass	Action details	Meeting details
3/21/2022	1	Columbus City Council	Read for the First Time		Action details	Meeting details

Explanation

1. BACKGROUND

The City of Columbus, Department of Public Service, received a request from Nationwide Realty Investors, Inc. (NRI), to transfer a portion of right-of-way for the completion of the sidewalk project known as the Hamilton Parker Phase 1 project.

The Hamilton Parker Phase 1 project is a 3P project that consists of constructing sidewalk along the east side of Neil Avenue from Vine Street to Spruce Street, the north side of Vine Street from Neil Avenue to Armstrong Street, the north and south side of Spruce Street between Neil Avenue and Armstrong Street, the east and west side of Kilbourne Street between Vine Street and Spruce Street, and the west side of Convention Center Drive south of Vine Street.

To facilitate the completion of this project, NRI is requesting the City abandon as right-of-way, 0.021 acres of real property along Vine Street and Kilbourne Street and transfer them to the property owner, NWD HP, LLC. NWD HP, LLC is the official name of the property owner for which this acreage is being transferred to. This ordinance is part of an overall right-of-way swap with NRI, for which NRI will be donating real property of 0.0483 acres to the Department of Public Service by deed and in return the Department of Public Service will be transferring 0.021 acres of real property to NRI by deed. After investigation and plan review, it has been determined the exchange of these parcels of land is in the best interest of both parties. This was not required to go before the Land Review Commission for approval.

2. FISCAL IMPACT

There is no fiscal impact to the City for this transaction.

Title

To authorize the Director of the Department of Public Service to execute documents needed to transfer a portion of the existing Vine Street and Kilbourne Street right-of-way to NWD HP, LLC. ($0.00)

Body

WHEREAS, the City of Columbus, Department of Public Service, received a request from Nationwide Realty Investors, Inc. (NRI), to transfer a portion of right-of-way for the completion of the sidewalk project known as the Hamilton Parker Phase 1 project; and

WHEREAS, the Hamilton Parker Phase 1 project a 3P project that consists of constructing sidewalk along the east side of Neil Avenue from Vine Street to Spruce Street, the north side of Vine Street from Neil Avenue to Armstrong Street, the north and south side of Spruce Street between Neil Avenue and Armstrong Street, the east and west side of Kilbourne Street between Vine Street and Spruce Street, and the west side of Convention Center Drive south of Vine Street; and

WHEREAS, to facilitate the current phase of the project, NRI has requested the City abandon and transfer to NWD HP, LLC a 0.021 acres portion of real property along Vine Street and Kilbourne Street by deed; and

WHEREAS, in exchange for this transfer, NRI has agreed to donate to the City of Columbus real property of 0.0483 acres by deed; and

WHEREAS, through this exchange the City will acquire approximately 0.0483 acres of additional right-of-way and permanent easements; and

WHEREAS, after investigation and review of the plans it has been determined the exchange of these parcels of land is in the best interest of both parties and should be authorized; and

WHEREAS, this ordinance authorizes the transfer of parcels to NWD HP, LLC, the official name of the property owner for which this acreage is being transferred to

WHEREAS, in the usual and daily operation of the Department of Public Service it is necessary to authorize the Director to execute documents needed to transfer a portion of the existing Vine Street and Kilbourne Street right-of-way to NWD HP, LLC. , for the preservation of the public health, peace, property and safety.;

Now Therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

SECTION 1. That the Director of the Department of Public Service be and is hereby authorized to execute quitclaim deeds and other incidental instruments prepared by the City Attorney’s Department, Real Estate Division, necessary to transfer the following described right-of-way to NWD HP, LLC; to-wit:

0.013 ACRE

PLAN NO. 3651-E

Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 10, Township 5, Range 22, Refugee Lands and being out of that 1.438 acre tract as conveyed to City of Columbus, Ohio by deed of record in Instrument Number 199912300318817, declared as public right-of-way in Ordinance Number 0536-2006, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) and being described as follows:

Beginning, for reference, at a magnetic spike set at the northeasterly corner of Lot 5 of that plat entitled “Fred J. Fay’s Subdivision” of record in Plat Book 2, Page 292, at the northeasterly corner of that 0.918 acre tract as conveyed to 515 Kilbourne Street, LLC by deed of record in Instrument Number 202002120021911, being the in the southerly right-of-way line of Spruce Street (public, width varies) and in the westerly right-of-way line of Kilbourne Street (pubic, width varies);

Thence South 03° 29’ 42” West, with said westerly right-of-way line, a distance of 119.86 feet to an iron pin set;

Thence South 06°25’ 56” West, continuing with said westerly right-of-way line, a distance of 19.55 feet to an iron pin set in the line common to said 1.438 acre tract and that 3.735 acre tract conveyed to NWD HP, LLC by deed of record in Instrument Number 201905010050140, the TRUE POINT OF BEGINNING

Thence across said 1.438 acre tract, the following courses and distances:

South 03° 29' 48" West, a distance of 123.10 feet to a magnetic spike set;

North 86° 30' 12" West, a distance of 1.80 feet to a magnetic spike set;

South 03° 29' 48" West, a distance of 1.37 feet to a magnetic spike set at a point on a non-tangent curve;

with the arc of a curve to the right, having a central angle of 76° 15' 44", a radius of 14.20 feet, an arc length of 18.90 feet, a chord bearing of South 41° 37' 39" West and chord distance of 17.54 feet to a magnetic spike set at a point of non-tangency;

South 76° 51' 22" West, a distance of 26.40 feet to a magnetic spike set at a point on a non-tangent curve; and

with the arc of a curve to the left, having a central angle of 00° 03' 35", a radius of 2496.71 feet, an arc length of 2.60 feet, a chord bearing of South 84° 19' 10" West and chord distance of 2.60 feet to a magnetic spike set in the line common to said 1.438 and 3.735 acre tracts, the northerly right-of-way line of Vine Street (public, width varies), as dedicated in Ordinance Number 0536-2006;

Thence North 64° 58' 11" East, with said common line, said northerly right-of-way line, a distance of 38.63 feet to a magnetic spike set at the intersection of said northerly and westerly right-of-way lines;

Thence North 06° 25' 56" East, with said common line, said westerly right-of-way line, a distance of 127.96 feet to the TRUE POINT OF BEGINNING, containing 0.013 acre, 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.

The bearings shown herein are based on the same meridian as the bearings shown on the subdivision plat entitled “Huntington Park” of record in Plat Book 112, Pages 24 and 25, Recorder’s Office, Franklin County, Ohio. On said plat of record, the centerline of Huntington Park Lane has a bearing of North 03°05’07” East.

This description is based on an actual field survey performed by or under the direct supervision of Joshua M. Meyer, Registered Surveyor Number 8485 in August 2016.

EVANS, MECHWART, HAMBLETON & TILTON, INC.

Joshua M. Meyer

Professional Surveyor No. 8485

0.008 ACRE

PLAN NO. 3651-E

Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 10, Township 5, Range 22, Refugee Lands and being out of that 0.160 acre tract conveyed to City of Columbus, Ohio by deed of record in Instrument Number 200909250139437, declared as public right-of-way in Ordinance Number 0536-2006, (all references refer to the records of the Recorder’s Office, Franklin County, Ohio) and being described as follows:

Beginning, for reference, at a magnetic spike set at the northeasterly corner of Lot 5 of that plat entitled “Fred J. Fay’s Subdivision” of record in Plat Book 2, Page 292, at the northeasterly corner of that 0.918 acre tract as conveyed to 515 Kilbourne Street, LLC by deed of record in Instrument Number 202002120021911, being the in the southerly right-of-way line of Spruce Street (public, width varies) and in the westerly right-of-way line of Kilbourne Street (pubic, width varies);

Thence with said westerly right-of-way line, and the northerly right-of-way line of Vine Street (public, width varies), as dedicated in Ordinance Number 0536-2006, the following courses and distances:

South 03° 29’ 42” West, a distance of 119.86 feet to an iron pin set;

South 06°25’ 56” West, a distance of 147.51 feet to a magnetic spike set;

South 64° 58’ 11” West, a distance of 50.26 feet to a magnetic spike set;

South 82° 20' 22" West, a distance of 41.26 feet to a magnetic spike set at a point on a non-tangent curve; and

With the arc of a curve to the left, having a central angle of 04° 04' 21", a radius of 836.00 feet, an arc length of 59.42 feet, a chord bearing of South 83° 24' 10" West and chord distance of 59.41 feet to a magnetic spike set at a point of non-tangency at the easterly common corner of said 0.160 acre tract and that 3.735 acre tract conveyed to NWD HP, LLC by deed of record in Instrument Number 201905010050140;

Thence South 87° 33' 31" West, with the line common to said 0.160 and 3.735 acre tracts, said northerly right-of-way line, a distance of 33.89 feet to a magnetic spike set at a point on a non-tangent curve the TRUE POINT OF BEGINNING;

Thence across said 0.160 acre tract, with the arc of a curve to the left, having a central angle of 00° 04' 03", a radius of 2496.70 feet, an arc length of 2.94 feet, a chord bearing of South 80° 54' 58" West and chord distance of 2.94 feet to a magnetic spike set at a point of non-tangency;

Thence continuing across said 0.160 acre tract, with the arc of a curve to the right, having a central angle of 02° 14' 08", a radius of 3101.12 feet, an arc length of 121.00 feet, a chord bearing of South 81° 56' 57" West and chord distance of 120.99 feet to an iron pin set at a point of non-tangency in said common line, said northerly right-of-way line;

Thence with said common line, said northerly right-of-way line, with the arc of a curve to the left, having a central angle of 05° 16' 25", a radius of 750.00 feet, an arc length of 69.03 feet, a chord bearing of North 77° 24' 14" East and chord distance of 69.01 feet to an iron pin set at a point of non-tangency;

Thence North 87° 33' 31" East, continuing with said common line, said northerly right-of-way line, a distance of 55.41 feet to the TRUE POINT OF BEGINNING, containing 0.008 acre, more or less.