Explanation
The Public Service Department, Transportation Division, recently received a request from The Children's Hospital (Children's) asking that the City transfer a portion of existing Children's Drive to them in exchange for the dedication of replacement right-of-way and construction of a relocated Children's Drive by them. The proposed exchange will allow Children's to proceed with a planned clinical expansion and renovation within its main hospital complex. After investigation it has been determined there are no objections to the transfer of the requested portion of Children's Drive to Children's. The Department of Law, Real Estate Division established a value of $5.50 per square foot for the existing Children's Drive right-of-way. The value of the replacement right-of-way and the cost of construction of the relocated Children's Drive exceed the value of the right-of-way to be transferred to Children's; therefore the Land Review Commission voted to recommend that the requested portion of existing Children's Drive be transferred to Children's at no charge.
Emergency Justification: Emergency action is requested so that the transfer of this right-of-way may take place immediately thereby allowing the proposed June commencement of the relocation to proceed as currently scheduled.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer a portion of existing Children's Drive to The Children's Hospital in exchange for replacement right-of-way and the construction of a relocated Children's Drive; 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 The Children's Hospital asking that the City transfer a portion of existing Children's Drive to them in exchange for the dedication of replacement right-of-way and the construction of a relocated Children's Drive by them; and
WHEREAS, the proposed exchange will allow Children's to proceed with a planned clinical expansion and renovation within its main hospital complex; and
WHEREAS, after investigation it has been determined that there are no objections to the proposed exchange; and
WHEREAS, the Department of Law, Real Estate Division established a value of $5.50 per square foot for the existing Children's Drive right-of-way; and
WHEREAS, the values of the replacement right-of-way and the cost of construction for the relocated Children's Drive exceed the value of the right-of-way to be transferred to Children's; and
WHEREAS, the Land Review Commission voted to recommend that the requested portion of existing Children's Drive be transferred to Children's at no charge; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the Director to execute those documents necessary to transfer a portion of existing Children's Drive to The Children's Hospital in exchange for dedication of replacement right-of-way and construction of a relocated Children's Drive for the preservation of 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 The Children's Hospital; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being more particularly described as follows:
Being part of Children's Drive, also being part of Parcel 12 of Children's Hospital Urban Renewal Area Plat "A", as recorded in Plat Book 43, Page 17, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Commencing for reference at an iron pin found at the northeast corner of Parcel 4, and the northwest corner of Parcel 2A as recorded in the above referenced plat;
Thence along the northerly line of Parcel 2A, and the existing southerly right-of-way line of Children's Drive, South 86 degrees 32 minutes 47 seconds East a distance of 38.17 feet to a point on the proposed right-of-way line of Children's Drive and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along the proposed right-of-way line of Children's Drive, North 69 degrees 15 minutes 22 seconds West a distance of 50.50 feet to an iron pin set;
Thence along a curve to the right having a distance of 121.36 feet with a radius of 128.5 feet and whose chord bears, North 42 degrees 12 minutes 02 seconds West a distance of 116.90 feet to an iron pin set;
Thence North 68 degrees 59 minutes 00 seconds East a distance of 11.36 feet to an iron pin set on the existing right-of-way line of Children's Drive;
Thence along said right-of-way line on a curve to the left having a distance of 80.03 feet with a radius of 70 feet and whose chord bears South 53 degrees 46 minutes 14 seconds East a distance of 75.75 feet to an iron pin found;
Thence along the existing northerly right-of-way line of Children's Drive, South 86 degrees 32 minutes 47 seconds East a distance of 311.86 feet to a point;
Thence along the proposed right-of-way line, South 03 degrees 27 minutes 13 seconds West a distance of 24.80 feet to a point;
Thence along said proposed right-of-way line, South 50 degrees 35 minutes 45 seconds West a distance of 64.78 feet to a point;
Thence along said proposed right-of-way line, South 03 degrees 18 minutes 31 seconds West a distance of 11.76 feet to an iron pin found on the westerly right-of-way line of Ann Street;
Thence along a curve to the left having a distance of 31.65 feet with a radius of 20 feet and whose chord bears North 41 degrees 12 minutes 46 seconds West a distance of 28.40 feet to an iron pin found on the existing southerly right-of-way line of Children's Drive;
Thence along said right-of-way line, North 86 degrees 32 minutes 47 seconds West a distance of 186.65 feet to the TRUE POINT OF BEGINNING and containing 0.458 acres, more or less.
The above described conveyance is subject to the following underground easement for storm sewer for the City of Columbus:
Commencing for reference at an iron pin found at the northeast corner of Parcel 4, and the northwest corner of Parcel 2A as recorded in the above referenced plat;
Thence along the northerly line of Parcel 2A, and the existing southerly right-of-way line of Children's Drive, South 86 degrees 32 minutes 47 seconds East a distance of 38.17 feet to a point on the proposed right-of-way line of Children's Drive and being the TRUE POINT OF BEGINNING of the parcel herein conveyed;
Thence along the proposed right-of-way line of Children's Drive, North 69 degrees 15 minutes 22 seconds West a distance of 50.50 feet to an iron pin set;
Thence along a 128.5 foot radius curve to the right along a chord North 66 degrees 04 minutes 21 seconds West a distance of 14.27 feet to a point;
Thence along the proposed easement line South 86 degrees 32 minutes 47 seconds East a distance of 298.82 feet to a point on the proposed right-of-way line;
Thence South 50 degrees 35 minutes 45 seconds West a distance of 29.40 feet to a point;
Thence along the existing southerly right-of-way line of Children's Drive, North 86 degrees 32 minutes 47 seconds West a distance of 215.69 feet to the TRUE POINT OF BEGINNING and containing 0.119 acres, more or less.
The above description and attached Exhibit "B" was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
Monuments referred to as iron pins set are ¾ inch diameter X 30 inch long bars with a plastic cap marked "KNE 7357" and are to be set after construction completion.
The basis of bearings used herein are based on the centerline of Children's Drive being North 86 degrees 32 minutes 47 seconds West, as recorded in Plat Book 43, Page 17.
Section 2. That the above referenced real property shall be considered excess road right-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quit claim deeds to the grantee thereof.
Section 3. That in exchange for the above referenced right-of-way The Children's Hospital agrees to transfer the following described tract to the City of Columbus; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and being more particularly described as follows:
Being part of Parcel 2A of Children's Hospital Urban Renewal Area Plat "A" as recorded in Plat Book 43, Page 17, Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at an iron pin found at the northwest corner of Parcel 2A, as recorded in the above referenced plat and being the TRUE POINT OF BEGINNING for the parcel herein conveyed;
Thence along the northerly line of parcel 2A, also being the existing southerly right-of-way line of Children's Drive, South 86 degrees 32 minutes 47 seconds East a distance of 38.17 feet to a point on the proposed northerly right-of-way line at relocated Children's Drive;
Thence along the proposed right-of-way line South 69 degrees 15 minutes 22 seconds East a distance of 198.28 feet to an iron pin set;
Thence along a curve to the left for a distance of 7.85 feet with a radius of 5 feet and whose chord bears North 65 degrees 44 minutes 38 seconds East a distance of 7.07 feet to an iron pin set;
Thence North 20 degrees 44 minutes 38 seconds East a distance of 37.12 feet to an iron pin found on the existing westerly right-of-way line of Ann Street;
Thence along said right-of-way line, South 03 degrees 18 minutes 31 seconds West a distance of 58.57 feet to an iron pin found;
Thence along said right-of-way line on a curve to the right having a distance of 32.48 feet with a radius of 636.58 feet and whose chord bears South 05 degrees 05 minutes 10 seconds West a distance of 32.47 feet to an iron pin set;
Thence along the proposed right-of-way line on a curve to the left having a distance of 10.84 feet with a radius of 8.5 feet and whose chord bears North 32 degrees 43 minutes 33 seconds West a distance of 10.12 feet to an iron pin set;
Thence North 69 degrees 15 minutes 22 seconds West a distance of 249.30 feet to a point on the west line of Parcel 2A, as recorded in the above referenced plat;
Thence along the westerly line of Parcel 2A North 03 degrees 27 minutes 13 seconds East a distance of 28.96 feet to the TRUE POINT OF BEGINNING and containing 0.231 acres, more or less.
The above description and attached Exhibit "A" was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
Monuments referred to a iron pins set are ¾ inch diameter X 30 inch long iron bars with a plastic cap marked "KNE 7357" and are to be set after construction completion.
The above take is from Auditor's Parcel Number 010-082622, which contains 0.930 acres.
The bearings used herein are based on the centerline of Children's Drive being North 86 degrees 32 minutes 47 seconds West as recorded in Plat Book 43, Page 17.
Grantor claims title by instrument of record in Official Record 06688-H20, Recorder's Office, Franklin County, Ohio.
Section 4. That upon transfer the above referenced real property shall be dedicated road right-of-way and shall be named Children's Drive.
Section 5. That the following described property, currently under the control of the Division of Electricity, shall be dedicated as road right-of-way and shall be named Children's Drive, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and being more particularly described as follows:
Being part of Parcel 4 of Children's Hospital Urban Renewal Area Plat "A" as recorded in Plat Book 43, Page 17, Recorder's Office, Franklin County, Ohio and bounded and described as follows:
Beginning at an iron pin found at the northeast corner of Parcel 4, also being the northwest corner of Parcel 2A, as recorded in the above referenced plat and being the TRUE POINT OF BEGINNING for the parcel herein conveyed;
Thence along the easterly line of Parcel 4, South 03 degrees 27 minutes 13 seconds West a distance of 28.96 feet to a point on the proposed southerly right-of-way line of Children's Drive;
Thence along said proposed right-of-way line, North 69 degrees 15 minutes 22 seconds West a distance of 37.62 feet to an iron pin set,
Thence along a curve to the right having a distance of 114.04 feet with a radius of 161.50 feet and whose chord bears North 49 degrees 01 minutes 36 seconds West a distance of 111.69 feet to an iron pin set on the west line of Parcel 4,
Thence along the west line of Parcel 4, North 03 degrees 21 minutes 51 seconds East a distance of 3.00 feet to an iron pin set on the existing right-of-way line of Children's Drive;
Thence along said right-of-way line on a curve to the left having a distance of 121.90 feet with a radius of 130 feet and whose chord bears South 59 degrees 35 minutes 53 seconds East a distance of 117.48 feet to an iron pin found;
Thence along the existing southerly right-of-way line of Children's Drive, South 86 degrees 32 minutes 47 seconds East a distance of 19.79 feet to the TRUE POINT OF BEGINNING and containing 0.042 acres more or less.
The above description and attached Exhibit "C" was prepared from a survey conducted by Korda/Nemeth Engineering, Inc. under the direction of Michael D. Weeks, Professional Surveyor No. 7357.
The above take is from Auditor's Parcel Number 010-082625, which contains 0.16 acres.
Monuments referred to as iron pins set are ¾ inch diameter X 30 inch long iron bars with a plastic cap marked "KNE 7357" and are to be set after construction completion.
The basis of bearings used herein are based on the centerline of Children's Drive being North 86 degrees 32 minutes 47 seconds West as recorded in Plat Book 43, Page 17.
Section 6. 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 7. 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.