Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Columbus City Schools asking that the City transfer the rights-of-way identified as a portion of the Broadway Place (formerly known as Broadway Court), east of North High Street between East North Broadway and Clinton Heights Avenue, and a portion of the east/west alley, east of Broadway Place, between East North Broadway and Clinton Heights Avenue. Transfer of these rights-of-way will allow for the construction of an addition and other improvements to the Clinton Elementary School. 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 these rights-of-way, the City will not be adversely affected by the transfer of these rights-of-way. The Department of Public Service, Division of Planning and Operations, has recommended that these rights-of-way be transferred to Columbus City Schools at no charge in recognition of the Mayor's initiative to help the Columbus City Schools as they attempt to provide more efficient and safer access to schools as a part of their school rebuild program. The following legislation authorizes the transfer of these rights-of-way as requested by Columbus City Schools.
2. FISCAL IMPACT: N/A
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a portion of the Broadway Place right-of-way, and a portion of the adjacent east/west alley, to Columbus City Schools and to waive the Land Review Commission and the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Planning and Operations, received a request from Columbus City Schools asking that the City transfer a portion of the Broadway Place right-of-way, east of North High Street between East North Broadway and Clinton Heights Avenue, and a portion of the east/west alley, east of Broadway Place between East North Broadway and Clinton Heights Avenue, to them; and
WHEREAS, transfer of these rights-of-way will allow Columbus City Schools to construct an addition and other improvements to the Clinton Elementary School; 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 these rights-of-way, the City will not be adversely affected by the transfer of these rights-of-way to Columbus City Schools; and
WHEREAS, the Department of Public Service, Division of Planning and Operations, has recommended these rights-of-way be transferred to Columbus City Schools at no charge in recognition of the Mayor's initiative to help the Columbus City Schools as part of their school rebuild program; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Service 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 Columbus City Schools; to-wit:
0.124 Acre Tract
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 2, Township 1, Range 18, United States Military Lands, being part of the right-of-way of Broadway Place, formerly known as Broadway Court (30 feet wide), of record in Plat Book 4, Page 370, and a 12 feet wide Alley, of record in Plat Book 7, Page 160, (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at an iron pin set in the westerly right-of-way line of said Broadway Place at the common corner of Lot 26 of that subdivision entitled "Broad Oak Parcels", of record in Plat Book 7, Page 449, and Lot 1 of that subdivision entitled "Oakland North Broadway Loren and Dennison's Subdivision", of record in Plat Book 4, Page 3 70;
Thence North 88o14'27" East, across the right-of-way of said Broadway Place, a distance of 30.40 feet to an iron pin set on the westerly line of Lot 29 of said "Oakland North Broadway Loren and Dennison's Subdivision", being the easterly right-of-way line of said Broadway Court;
Thence South 11o06'47" East, with said easterly right-of-way line, said westerly line, a distance of 99.94 feet to an iron pin set at the southwesterly corner of said Lot 29, being the intersection of said easterly right-of-way line and the northerly right-of-way line of said 12 feet wide Alley;
Thence South 86o43 '20" East, with said northerly right-of-way line, the southerly line of said Lot 29, (passing a 3/4 inch pinch top iron pipe found at 9.10 feet, a 3/4 inch iron pipe found at 56.82 feet, and a 3/4 inch iron pipe found at 122.05 feet (0.22 feet North)), a total distance of 172.65 feet to an iron pipe found (0.42 feet North), being a common corner of the easterly terminus of said 12 feet wide alley, said Lot 29, Lot 30 of said "Oakland North Broadway Loren and Dennison's Subdivision" and that 12' Alley vacated by Ordinance 38053;
Thence South 02o43'21" West, with a westerly terminus of said vacated Alley, a distance 12.00 feet to an iron pin set in the southerly right-of-way line of said 12 feet wide alley at the common corner of Lot 68 of that subdivision entitled "The Clinton Land Company's Addition", of record in Pat Book 7, Page 182, and that tract conveyed to Board of Education of the Columbus City School District by an Affidavit of Fact in Instrument Number 200810070150051;
Thence North 86o43'20" West, with said southerly right-of-way line, a northerly line of said Board of Education of the Columbus City School District tract and a northerly line that Alley vacated by Ordinance Number 32968, a distance of 200.66 feet to a magnetic nail set at the intersection of said southerly right-of-way line with said westerly right-of-way line;
Thence North 11o06'47" West, with said westerly right-of-way line, an easterly line of said vacated Alley and said Lot 1, a distance of 109.57 feet to the TRUE POINT OF BEGINNING and containing 0.124 acre of land.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on the Ohio State Plane Coordinate System (South Zone) as per NAD83 (1986 Adjustment). Control for bearings was from Monuments FRANK143 and FRANK43 with the southerly right-of-way of East North Broadway having a bearing of North 88o14'44" West.
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 deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the above described rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities located within said right-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement area the Director of the Department of Public Service 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 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 provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to the transfer of this property.
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 a recommendation from Land Review Commission and hereby waives the Land Review Commission provisions of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this property.
Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.