Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Prospect Wango, LLC, and from Hawkstone Associates, asking that the City sell them a portion of the Access Road near the northwest corner of Olentangy River Road and Ackerman Road. Prospect Wango, LLC, intends to construct a new restaurant in the same location as the former McDonald's Restaurant in the University Shopping Center and the site, as it currently exists, is not large enough to accommodate the proposed restaurant building with a code required drive thru window stacking lane and escape lane. Sale of this right-of-way will increase the size of the adjacent lots and allow for the proposed redevelopment of this site. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way. The Department of Law, Real Estate Division, established a value of $4.72 per square foot for a total value of $36,802.96 for this right-of-way. The Land Review Commission voted to recommend that these rights-of-way be transferred to Prospect Wango, LLC, and Hawkstone Associates for a total of $36,802.96 as established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $36,802.96, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Emergency Justification: Emergency action is requested so that this right-of-way can be transferred without delay and Prospect Wango, LLC, can begin their outdoor site development before the end of this construction season.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer that right of way identified as a portion of the Access Road near the northwest corner of Olentangy River Road and Ackerman Road to Prospect Wango, LLC, and Hawkstone Associates for a total of $36,802.96; to waive the competitive bidding provisions of Columbus City Codes and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Prospect Wango, LLC, and Hawkstone Associates asking that the City sell them that right of way identified as a portion of the Access Road near the northwest corner of Olentangy River Road and Ackerman Road; and
WHEREAS, Prospect Wango, LLC, intends to construct a new restaurant in the same location as the former McDonald's Restaurant in the University Shopping Center and the site, as it currently exists, is not large enough to accommodate the proposed restaurant building with a code required drive thru window stacking lane and escape lane; and
WHEREAS, sale of this right-of-way will increase the size of the adjacent lots and allow for the proposed redevelopment of this site; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way; and
WHEREAS, a value of $4.72 per square foot for a total value of $36,802.96 was established for this right-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to Prospect Wango, LLC, and Hawkstone Associates for a total of $36,802.96; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary for the Director to execute those documents necessary to transfer this right-of-way to Prospect Wango, LLC, and Hawkstone Associates so that outdoor site work on the Prospect Wango, LLC, site can begin before the end of this construction season 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 Director of the Public Service Department 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 Prospect Wango, LLC, for $21,177.13; to-wit:
Situate in the State of Ohio, County of Franklin, City of Columbus, and being part of that portion of land shown as an Access Road on the Dedication of Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements, of record in Plat Book 33, Page 52, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.103 acre tract being more particularly described as follows:
BEGINNING, at a ¾ inch iron pin found at the southeast corner of an 11.592 acre tract (Parcel 1) conveyed to Prospect Wango, LLC, by deed of record in Instrument Number 200005030087445, said iron pin also being in the northerly right-of-way line of Ackerman Road;
Thence along a curve to the left, having a delta angle of 96°03'39", a radius of 20.00 feet, an arc length of 33.53 feet, a chord which bears North 41°55'44" East and a chord distance of 29.74 feet, to a ¾ inch iron pin found;
Thence North 05°43'40" West, a distance of 128.61 feet, along the east line of said 11.592 acre tract, to an ¾ inch iron pin found at the southwest corner of a 0.231 acre tract (Parcel 3) conveyed to Prospect Wango, LLC, by deed of record in Instrument Number 200005030087445;
Thence North 83°57'00" East, a distance of 49.58 feet, along the south line of said 0.231 acre tract, to a ¾ inch iron pin found at the southeast corner of said 0.231 acre tract, also being in the west line of a 0.248 acre tract (Parcel 5) conveyed to Prospect Wango, LLC, by deed of record in Instrument Number 200005030087445;
Thence South 06°05'33" East, a distance of 19.71 feet, along the west line of said 0.248 acre tract, to a ¾ inch iron pin found at the common corner of said 0.248 acre tract and an original 1.4 acre tract conveyed to Hawkstone Associates, Inc., by deed of record in Instrument Number 199805280129600;
Thence the following three (3) courses and distances over and across said Dedication of the Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements;
1. South 69°40'03" West, a distance of 25.84 feet, to an iron pin set;
2. South 06°00'29" East, a distance of 127.39 feet, to an iron pin set;
3. South 89°57'01" West, a distance of 47.68 feet, to the POINT OF BEGINNING, containing 0.103 acres, more or less.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "CEC PROP. COR."
The bearings shown above are based on the bearing of North 06°05'33" West, for the west line of a 0.248 acre tract (Parcel 5) by deed of record in Instrument Number 200005030087445, at the Recorder's Office, Franklin County, Ohio.
Civil & Environmental Consultants, Inc.
Anthony W. Williams, Registered Surveyor No. S-7726
Section 2. That the Director of the Public Service Department 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 Hawkstone Associates for $15,625.84; to-wit:
Situate in the State of Ohio, County of Franklin, City of Columbus, and being part of that portion of land shown as an Access Road on the Dedication of Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements, of record in Plat Book 33, Page 52, all records herein of the Recorder's Office, Franklin County, Ohio, said 0.076 acre tract being more particularly described as follows:
BEGINNING FOR REFERENCE, at a ¾ inch iron pin found at the southeast corner of an 11.592 acre tract (Parcel 1) conveyed to Prospect Wango, LLC, by deed of record in Instrument Number 200005030087445, said iron pin also being in the northerly right-of-way line of Ackerman Road;
Thence north 89°57'01" West, a distance of 47.68 feet, over and across said Dedication of Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements, to an iron pin set at the TRUE PONT OF BEGINNING;
Thence the following two (2) courses and distances over and across said Dedication of Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements;
1. North 06°00'29" West, a distance of 127.39 feet, to an iron pin set;
2. North 69°40'03" East, a distance of 25.84 feet, to a ¾ inch iron pin found at the common corner of a 0.248 acre tract (Parcel 5) conveyed to Prospect Wango, LLC, by deed of record in Instrument Number 200005030087445 and an original 1.4 acre tract conveyed to Hawkstone Associates, Inc., by deed of record in Instrument Number 199805280129600;
Thence South 06°05'33" East, a distance of 136.41 feet, passing an ¾ inch iron pin found at a distance of 19.71 feet, along the west line of said 0.248 acre tract, to a ¾ inch iron pin found, to an iron pin set in the west line of said 1.4 acre tract;
Thence South 89°57'01" West, a distance of 25.38 feet, over and across said Dedication of Olentangy River Road, Stinchomb Drive, Stadium Drive, Harley Drive, Ackerman Road and Utility Easements, to the TRUE POINT OF BEGINNING, containing 0.076 acres, more or less.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "CEC PROP. COR."
The bearings shown above are based on the bearing of North 06°05'33" West, for the west line of a 0.248 acre tract (Parcel 5) by deed of record in Instrument Number 200005030087445, at the Recorder's Office, Franklin County, Ohio.
Civil & Environmental Consultants, Inc.
Anthony W. Williams, Registered Surveyor No. S-7726
Section 3. That the above referenced real properties 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 deeds to the grantees thereof.
Section 4. That the $36,802.96 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 5. That this Council has determined it is in the best interest of the City of Columbus to allow these rights-of-way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to the transfer of these properties.
Section 6. 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.