Explanation
The Public Service Department, Transportation Division, recently received a request from Ebner Properties Ltd. asking that the City sell the unimproved alleys bounded by Berwick Boulevard, Castlegate Road, and College Avenue to them. The sale of these unimproved rights-of-way will allow for construction of a proposed office building on the surrounding parcels. After investigation it has been determined there are no objections to the sale of these unimproved rights-of-way. The Department of Law, Real Estate Division established a value of $17,649.00 for these rights-of-way. However Ebner Properties Ltd. agreed to grant a sanitary sewer easement over portions of the unimproved rights-of-way and the Public Service Department, Transportation Division, agreed to reduce the total fee for these rights-of-way by $1,800.00 to reflect the value of the sanitary sewer easement areas. The Land Review Commission voted to recommend the sale of the unimproved rights-of-way for $15,849.00.
Emergency action is requested to allow the sale of these rights-of-way to be authorized before the City Council summer recess thereby allowing necessary construction financing arrangements to be finalized and construction to begin within the current construction season.
Title
To authorize the Director of the Public Service Department to execute those documents required to sell the unimproved alleys bounded by Berwick Boulevard, Castlegate Road and College Avenue to Ebner Properties, Ltd.; 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, recently received a request from Ebner Properties Ltd asking that the City sell them the unimproved alleys bounded by Berwick Boulevard, Castlegate Road and College Avenue; and
WHEREAS, the sale of these unimproved rights-of-way will allow for construction of a proposed office building on the surrounding sites; and
WHEREAS, after investigation it has been determined that there are no objections to the sale of these unimproved rights-of-way; and
WHEREAS, the Department of Law, Real Estate Division established a value of $17, 649.00 for the sale of the unimproved rights-of-way; and
WHEREAS, Ebner Properties, Ltd has agreed to grant a sanitary sewer easement over portions of the unimproved rights-of-way; and
WHEREAS, the Public Service Department, Transportation Division, agreed to reduce the total fee for these rights-of-way by $1,800.00 to reflect the value of the sanitary sewer easement areas; and
WHEREAS, the Land Review Commission voted to recommend the sale of these unimproved rights-of-way for $15,849.00; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the sale of the requested rights-of-way so that construction financing arrangements can be finalized and construction can begin within the current 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 unimproved rights-of-way to Ebner Properties Ltd.; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and a portion of The Amended Plat of Block 1 and 2 of Berwick Subdivision as recorded in Plat Book 19, Page 70 of the Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at the northwesterly right of way corner of the intersection of Castlegate Road and Berwick Boulevard;
Thence North 57°12'32" West with the westerly right of way line of said Berwick Boulevard, a distance of 80.07 feet to the true point of beginning;
Thence South 32°47'28" West with the northerly line of Lot 26, a distance of 80.65 feet to the northwesterly corner of said Lot 26 and the northeasterly corner of Lot 35;
Thence South 61°35'58" West with the northerly line of said Lot 35, a distance of 80.65 feet to the easterly right of way line of College Avenue;
Thence North 28°24'02" West with the easterly right of way line of said College Avenue a distance of 15.00 feet to the southwesterly corner of Lot 36;
Thence North 61°35'58" East with the southerly lot line of said Lot 36, a distance of 52.00 feet to the southeasterly corner of said Lot 36;
Thence North 28°24'02" West with the easterly line of Lots 36 and 37, a distance of 60.00 feet to a point on the southerly line of Lot 38;
Thence North 61°35'58" East with the southerly line of said Lot 38, a distance of 9.38 feet to the southeasterly corner of said Lot 38 and the southwesterly corner of Lot 23;
Thence North 32°47'28" East with the southerly line of said Lot 23, a distance of 9.38 feet to a point at the northwesterly corner of Lot 24;
Thence South 57°12'32" East with the westerly line of said Lot 24 and Lot 25, a distance of 60.00 feet to the southwesterly corner of said Lot 25;
Thence North 32°47'28" East with the southerly line of said Lot 25, a distance of 52.00 feet to the westerly right of way line of said Berwick Boulevard;
Thence South 57°12'32" East with said right of way line, a distance of 15.00 feet to the true point of beginning and containing 0.101 acres of land more or less.
This description was prepared by Environmental Design Group for the purpose of right of way transfer. The reference is the westerly right of way line of Berwick Boulevard as being North 57°12'32" West.
Maynard H. Thompson, P.S. #7128
Section 2. That the above referenced real property 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 deed to the grantee thereof.
Section 3. That the $15,849.00 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 4. That this Council has determined it is in the best interest of the City of Columbus to allow this right-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 5. 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.