Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from The Ohio State University asking that the City sell them the following portions of City owned right-of-way: 1) the alley east of Kenney Road from the alley north of Preston Avenue to a point 120 feet north of said alley, 2) Wood Avenue from the alley north of Preston Avenue to its northern terminus, 3) the alley east of Wood Avenue from the alley north of Preston Avenue to its northern terminus, and 4) the alley east of Kenney Road from Legg Avenue to Preston Avenue. Sale of these excess rights-of-way will allow The Ohio State University to construct a new garage facility and provide for other future development. After investigation it has been determined there are no objections to the sale of these excess rights-of-way subject to the retention of a general utility easement. A negotiated value of $91,425.00 was established for these rights-of-way based upon professional appraisals of the areas to be transferred. The Land Review Commission voted to recommend that these rights-of-way be transferred to The State of Ohio for the use of The Ohio State University for $91,425.00.
Fiscal Impact: The City will receive a total of $91,425.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested rights-of-way.
Emergency Justification: Emergency action is requested to allow The Ohio State University to begin construction of their new facilities as early as possible in the fourth quarter of State fiscal year 2004.
Title
To authorize the Public Service Director to execute those documents required to transfer the following portions of City owned right-of-way: 1) the alley east of Kenney Road from the alley north of Preston Avenue to a point 120 feet north of said alley, 2) Wood Avenue from the alley north of Preston Avenue to its northern terminus, 3) the alley east of Wood Avenue from the alley north of Preston Avenue to its northern terminus, and 4) the alley east of Kenney Road from Legg Avenue to Preston Avenue to The State of Ohio for the use of The Ohio State University for the negotiated value of $91,425.00; 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 The Ohio State University asking that the City sell them the following portions of City owned right-of-way: 1) the alley east of Kenney Road from the alley north of Preston Avenue to a point 120 feet north of said alley, 2) Wood Avenue from the alley north of Preston Avenue to its northern terminus, 3) the alley east of Wood Avenue from the alley north of Preston Avenue to its northern terminus, and 4) the alley east of Kenney Road from Legg Avenue to Preston Avenue; and
WHEREAS, sale of these excess rights-of-way will allow The Ohio State University to construct a new garage facility and provide for other future development; and
WHEREAS, after investigation it has been determined that there are no objections to the transfer of these rights-of-way subject to the retention of a general utility easement; and
WHEREAS, a negotiated value of $91,425.00 was established for these rights-of-way based upon professional appraisals of the areas to be transferred; and
WHEREAS, the Land Review Commission voted to recommend that these rights-of-way be transferred to The State of Ohio for the use of The Ohio State University for $91,425.00; and
WHEREAS, an emergency exists in that it is immediately necessary to authorize the Public Service Director to execute those documents necessary to complete the transfer of these excess rights-of-way so that construction of the proposed improvements may begin as early as possible in the fourth quarter of State fiscal year 2004 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 Public Service Director 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 rights-of-way to The State of Ohio for the use of The Ohio State University for $91,425.00; to-wit:
Alley east of Kenney Road from alley north of Preston Avenue to a point 120 feet north of said alley:
Situated in the State of Ohio, County of Franklin and the City of Columbus, and being part of a 20 foot alley located in the Second Wood-Brown Company Addition as recorded in Plat Book 5, Page 247, Recorders Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.0551 acre tract being more particularly described as follows:
Beginning at a 3/4" pipe capped "BIRD & BULL" found at the northeast corner of Lot 32 in said Addition;
Thence crossing said alley, North 67 degrees 29 minutes 59 seconds East, 20.00 feet to a 5/8" rebar set in the easterly right-of-way line of said alley and also in the westerly line of Lot 39;
Thence southeasterly along the easterly right-of-way line of said alley and along the westerly line of part of Lot 39 and all Lots 40 thru 42, South 22 degrees 29 minutes 46 seconds East, 120.00 feet to a 3/4" pipe capped "BIRD & BULL" found at the southwest corner of Lot 42;
Thence crossing said alley, South 67 degrees 29 minutes 59 seconds West, 20.00 feet to a 3/4" pipe capped "BIRD & BULL" found;
Thence northwesterly along the westerly line of said alley, North 22 degrees 29 minutes 46 seconds West, 120.00 feet to the TRUE POINT OF BEGINNING, containing 0.0551 acres.
Anthony J. Robinson, Ohio Surveyor No 8120, of H.L.G. Engineering and Surveying, Worthington Ohio, prepared the above description from actual field surveys performed in May, 2004 and iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING. Bearings are based on the centerline of Wood Avenue from a 1/2" solid iron pin found at the centerline intersection of Wood Avenue and Preston Avenue, South 22 degrees 21 minutes 30 seconds East to a 1/2" solid iron pin found at the intersection of the centerline of Wood Avenue and the south right-of-way line of Legg Avenue. The basis of bearing comes from a plan at the County Engineers Office: the establishment, alteration & widening of a 15 foot and 20 foot alley, Kenny Road to Wood Avenue in the Second Wood Brown Addition.
Wood Avenue from the alley north of Preston Avenue to its northern terminus
Situated in the State of Ohio, County of Franklin and the City of Columbus, and being part of Wood Avenue located in the Second Wood-Brown Company Addition as recorded in Plat Book 5, Page 247, Recorders Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.2904 acre tract being more particularly described as follows:
Beginning at a 3/4" pipe capped "BIRD & BULL" found at the northeast corner of Lot 37 in said Addition and also at the northwest corner of Wood Avenue (60' R/W);
Thence northeasterly along the southerly line of Reservation "C" in said addition and along the northerly right-of-way line of Wood Avenue, North 83 degrees 37 minutes 48 seconds East, 62.46 feet to a 3/4" pipe capped "BIRD & BULL" found at the northwest corner of Lot 80;
Thence southeasterly along the easterly right-of-way line of said Wood Avenue and along the westerly line of Lots 76 thru 80, South 22 degrees 29 minutes 46 seconds East, 202.13 feet to a 3/4" pipe capped "BIRD & BULL" found at the southwest corner of Lot 76;
Thence crossing over said Wood Avenue, South 67 degrees 29 minutes 59 seconds West, 60.00 feet to a 3/4" capped "BIRD & BULL" pipe found at the southeast corner of Lot 42;
Thence northwesterly along the westerly line of said Wood Avenue and along the easterly line of Lots 42 thru 37, North 22 degrees 29 minutes 46 seconds West, 219.48 feet to the TRUE POINT OF BEGINNING, containing 0.2904 acres.
Anthony J. Robinson, Ohio Surveyor No 8120, of H.L.G. Engineering and Surveying, Worthington Ohio, prepared the above description from actual field surveys performed in May, 2004 and iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING. Bearings are based on the centerline of Wood Avenue from a 1/2" solid iron pin found at the centerline intersection of Wood Avenue and Preston Avenue, South 22 degrees 21 minutes 30 seconds East to a 1/2" solid iron pin found at the intersection of the centerline of Wood Avenue and the south right-of-way line of Legg Avenue. The basis of bearing comes from a plan at the County Engineers Office: the establishment, alteration & widening of a 15 foot and 20 foot alley, Kenny Road to Wood Avenue in the Second Wood Brown Addition.
Alley east of Wood Avenue from the alley north of Preston Avenue to its northern terminus
Situated in the State of Ohio, County of Franklin and the City of Columbus, and being part of a 20 foot alley located in the Second Wood-Brown Company Addition as recorded in Plat Book 5, Page 247, Recorders Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.0729 acre tract being more particularly described as follows:
Beginning at a 3/4" pipe capped "BIRD & BULL" found at the northeast corner of Lot 80 in said Wood Addition and at northwest corner of said alley;
Thence northeasterly along the southerly line of Reservation "C" in said addition and also along the north right-of-way line of said alley, North 83 degrees 37 minutes 48 seconds East, 20.82 feet to a 3/4" pipe capped "BIRD & BULL" found at the northwest corner of Reservation "B";
Thence southeasterly along the easterly right-of-way line of said alley and also along the westerly line of Reservation "B" in said addition, South 22 degrees 29 minutes 46 seconds East, 155.86 feet to a 5/8" rebar set;
Thence crossing said alley, South 67 degrees 29 minutes 59 seconds West, 20.00 feet to a 3/4" pipe found at the southeast corner of Lot 76;
Thence northwesterly along the west line of said alley and along the easterly line of Lots 76 thru 80, North 22 degrees 29 minutes 46 seconds West, 161.64 feet to the TRUE POINT OF BEGINNING, containing 0.0729 acres.
Anthony J. Robinson, Ohio Surveyor No 8120, of H.L.G. Engineering and Surveying, Worthington Ohio, prepared the above description from actual field surveys performed in May, 2004 and iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING. Bearings are based on the centerline of Wood Avenue from a 1/2" solid iron pin found at the centerline intersection of Wood Avenue and Preston Avenue, South 22 degrees 21 minutes 30 seconds East to a 1/2" solid iron pin found at the intersection of the centerline of Wood Avenue and the south right-of-way line of Legg Avenue. The basis of bearing comes from a plan at the County Engineers Office: the establishment, alteration & widening of a 15 foot and 20 foot alley, Kenny Road to Wood Avenue in the Second Wood Brown Addition.
Alley east of Kenney Road from Legg Avenue to Preston Avenue
Situated in the State of Ohio, County of Franklin and the City of Columbus, and being part of a 20 foot alley located in the Second Wood-Brown Company Addition as recorded in Plat Book 5, Page 247, Recorders Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.1990 acre tract being more particularly described as follows:
Beginning at a 5/8" rebar set at the northeast corner of Lot 19 in said Addition;
Thence northeasterly along the southerly right-of-way line of Preston Avenue (50' R/W), North 67 degrees 41 minutes 19 seconds East, 20.00 feet to a 5/8" rebar set in said southerly right-of-way line at the northwest corner of Lot 53 in said Addition;
Thence southeasterly along the easterly right-of-way line of said alley, along the west lines of Lots 53 thru 64 of said addition, South 22 degrees 21 minutes 30 seconds East, 436.69 feet to a 5/8" rebar set in said easterly right-of-way line of said alley and the westerly line of Lot 64 in said addition;
Thence southwesterly along the northerly line of Legg Avenue (R/W varies), South 86 degrees 11 minutes 14 seconds West, 21.10 feet to a 5/8" rebar set in the westerly right-of-way line of said alley in the easterly line of Lot 9 in said addition;
Thence northwesterly along the westerly right-of-way line of said alley, along the easterly line of Lots 9 thru 19, North 22 degrees 21 minutes 30 seconds West, 430.00 feet to the TRUE POINT OF BEGINNING, containing 0.1990 acres.
Anthony J. Robinson, Ohio Surveyor No 8120, of H.L.G. Engineering and Surveying, Worthington Ohio, prepared the above description from actual field surveys performed in May, 2004 and iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING. Bearings are based on the centerline of Wood Avenue from a 1/2" solid iron pin found at the centerline intersection of Wood Avenue and Preston Avenue, South 22 degrees 21 minutes 30 seconds East to a 1/2" solid iron pin found at the intersection of the centerline of Wood Avenue and the south right-of-way line of Legg Avenue. The basis of bearing comes from a plan at the County Engineers Office: the establishment, alteration & widening of a 15 foot and 20 foot alley, Kenny Road to Wood Avenue in the Second Wood Brown Addition.
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 a general utility easement in, on, over, across and through the above described excess rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement the Public Service Director is hereby 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 5. That the $91,425.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 748, Project 537650.
Section 6. 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 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.