Explanation
1. Background:
The City’s Department of Public Service (DPS) received a request from Johanna Ryan, on behalf of the Ryan Family Trust (“Ryan Trust”) and The Concor Company, LLC., an Ohio limited liability company (“Concor”) asking that the City sell the 0.039 acre unnamed north/south alley west of South 9th Street between Capital and Oak Streets. A 0.017 acre portion shall be deeded to Ryan Trust, and a 0.022 acre portion shall be deeded to Concor. Transfer of this right-of-way will allow for improvements of parking facilities for an existing business located on property currently owned by the Ryan Trust and to provide improved parking facilities for an existing residential property owned by Concor. Per current practice, comments were solicited from interested parties, including City agencies, private utilities, and the applicable area commission before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of this right-of-way. DPS submitted a request to the City Attorney’s Real Estate Division to establish a value for this right-of-way. Accordingly, the City Attorney’s Real Estate Division established a value of $2,888.00 for this right-of-way. Furthermore, the Ryan Trust agreed to provide an access easement to Rylee Ltd., the owner(s) of the property adjacent to the portion of right-of-way being deeded to Ryan Trust. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to the Ryan Trust and Concor for the total amount of $2,888.00.
Emergency Justification:
Emergency action is requested to allow development of this project to proceed as currently scheduled.
2. FISCAL IMPACT:
The City will receive a total of $2,888.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the director of the Department of Public Service to execute those documents required to transfer a 0.017 acre portion of the north/south right-of-way west of South 9th Street between Capital and Oak Streets, adjacent to property owned by the Ryan Family Trust, and a 0.022 acre portion of the right-of-way to The Concor Company, LLC., an Ohio limited liability company, located on South 9th Street; and to declare an emergency. ($0.00)
Body
WHEREAS, the City’s Department of Public Service (DPS) received a request from Johanna Ryan, on behalf of the Ryan Family Trust (i.e. Ryan Trust), and The Concor Company, LLC., an Ohio limited liability company (i.e. Concor) asking that the City transfer the unnamed 0.039 acre north/south right-of-way west of South 9th Street between Capital and Oak Streets, adjacent to property owned by the Ryan Trust and Concor, located on South 9th Street, to them; and
WHEREAS, acquisition of the right-of-way will facilitate improvements to adjacent property owned by the Ryan Trust, and to adjacent property owned by Concor, both located on South 9th Street; and
WHEREAS, the Ryan Trust shall receive a 0.017 acre portion of the above noted right-of-way, and Concor shall receive a 0.022 acre portion of the above noted right-of-way; and
WHEREAS, the Ryan Trust has agreed to provide an access easement to Rylee Ltd., owner(s) of the property adjacent to the portion of the right-of-way that is to be deeded to the Ryan Trust; and
WHEREAS, DPS’s Division of Infrastructure Management, by this transfer, extinguishes its need for this public right-of-way; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities, and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of portions of this right-of-way to the Ryan Trust and to Concor; and
WHEREAS, the City Attorney’s Real Estate Division established a value of $2,888.00 for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to the Ryan Trust and to Concor in the portions as previously described, for the total amount of $2,888.00; and
WHEREAS, an emergency exists in the usual daily operation of DPS in that it is immediately necessary to authorize the transfer of this right-of-way so development of these projects can proceed as currently scheduled thereby preserving the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. The director of the Department of Public Service (DPS) is authorized to execute and acknowledge any necessary instruments prepared by the City Attorney in order to quit-claim grant the following 0.017 acre portion of right-of-way to the Ryan Family Trust and its successors and assigns:
Legal Description 0.017 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a 9 foot alley of John Miller Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 298, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Commencing at a found 3/4 inch solid iron pin in the north line of Oak Street (50 feet wide) at the southeast corner of said 9 foot Alley, the southwest corner of Lot 1 of said John Millers Subdivision, as said Lot 1 was conveyed to The Concor Company, LLC (Instrument No. 200104120076613) and said iron pin bears West, 111.00 feet from a prior chiseled cross in walk at the intersection of the north line of said Oak Street and the west line of S. Ninth Street (50 feet wide);
Thence, along the east line of said 9 foot Alley, the west line of said Lot 1, the west line of Lots 2 and 3, part of Lot 4 of said John Millers Subdivision, and part of the west line of said The Concor Company, LLC property, North 00° 15' 12" West, 105.26 feet to a set mag nail at the True Point of Beginning of this description;
Thence, across said 9 foot Alley, South 89° 37' 45" West, 9.00 feet to a found 1 inch iron pipe with an orange cap inscribed "P.S. #6579" in the east line of Lot 13 of Samuel Medary's Subdivision (Deed Book 38, Page 534), the northeast corner of the Patricia R. Paulken Parcel One (Instrument No. 201207090097571), and the southeast corner of the Rylee LTD. Property (Instrument No. 200303210081909);
Thence, along part of the west line of said 9 foot Alley, part of the east line of said Lot 13 and the east line of said Rylee LTD. Property, North 00° 15' 12" West, 80.00 feet to a set mag nail in the south line of Capital Street (33 feet wide);
Thence, along the south line of said Capital Street and the north line of said 9 foot Alley, North 89° 37" 45" East, 9.00 feet to a found 1 inch iron pipe at the northwest corner of Lot 6 of said John Miller Subdivision, and the northwest corner of the Patricia R. Paulken Parcel Three (Instrument No. 201207090097571);
Thence, along part of the east line of said 9 foot Alley, the west line of said Lot 6, the west line of Lot 5 of said John Miller Subdivision, part of the west line of said Lot 4, the west line of said Parcel Three, the west line of Parcel Two of said Patricia R. Paulken (Instrument No. 201207090097571), and part of the west line of said The Concor Company, LLC Property, South 00° 15' 12" East, 80.00 feet to the place of beginning CONTAINING 0.017 ACRES subject however to all legal highways, easements, leases and restrictions of record and of records in the respective utility offices. The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in June 2015. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. #6579". Basis of bearings is the north line of Oak Street as assumed WEST.
Myers Surveying Company, Inc.
SECTION 2. The director of DPS is authorized to execute and acknowledge any necessary instruments prepared by the City Attorney in order to quit-claim grant the following 0.022 acre portion of right-of-way to The Concor Company, LLC., an Ohio limited liability company, and its successors and assigns:
Legal Description 0.022 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a 9 foot alley of John Miller Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 298, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Beginning at a found 3/4 inch solid iron pin in the north line of Oak Street (50 feet wide) at the southeast corner of said 9 foot Alley, the southwest corner of Lot 1 of said John Millers Subdivision, as said Lot 1 was conveyed to The Concor Company, LLC (Instrument No. 200104120076613) and said iron pin bears West, 111.00 feet from a prior chiseled cross in walk at the intersection of the north line of said Oak Street and the west line of S. Ninth Street (50 feet wide);
Thence, along the north line of said Oak Street and the south line of said 9 foot Alley, WEST, 9.00 feet to a found 3/4 inch solid iron pin at the southeast corner of Lot 13 of Samuel Medary's Subdivision (Deed Book 38, Page 534) and the southeast corner of the Patricia R. Paulken Parcel One (Instrument No. 201207090097571);
Thence, along part of the west line of said 9 foot Alley, part of the east line of said Lot 13 and the east line of said Parcel One, North 00° 15' 12" West, 105.20 feet to a found 1 inch iron pipe with an orange cap inscribed "P.S. #6579";
Thence, across said 9 foot Alley, North 89° 37' 45" East, 9.00 feet to a set mag nail in the west line of Lot 4 of said John Miller Subdivision and the west line of said The Concor Company LLC property;
Thence, along part of the east line of said 9 foot Alley, part of the west line of said Lot 4, the west line of Lots 3 and 2 of said John Miller Subdivision, the west line of said Lot 1 and part of the west line of said The Concor Company, LLC property, South 00° 15' 12" East, 105.26 feet to the place of beginning CONTAINING 0.022 ACRES, subject however to all legal highways, easements, leases and restrictions of record and of records in the respective utility offices. The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in June 2015. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. #6579". Basis of bearings is the north line of Oak Street as assumed WEST.
Myers Surveying Company, Inc.
SECTION 3. The real property described in Sections One (1) and Two (2) of this ordinance are considered excess road right-of-way and the public rights to this real property terminate upon the execution and delivery of the quit-claim deeds to the grantees described in Sections One (1) and Two (2) of this ordinance.
SECTION 4. A general utility easement in, on, over, across and through the above described right-of-way shall be retained unto the City of Columbus for those utilities located within the right-of-way.
SECTION 5. Upon notification and verification of the relocation of all utilities located within the retained general utility easement area, the director of DPS is authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the City.
SECTION 6. The $2,888.00 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 748, Project 537650.
SECTION 7. For the reasons stated in this ordinance's preamble, which are fully incorporated into this ordinance, this ordinance is declared to be an emergency measure and will take effect and be in force from and after this ordinance's passage and approval by the Mayor or ten (10) days after this ordinance's passage if the Mayor neither approves nor vetoes this ordinance.