Explanation
1. Background
In 1928 and 2002, pursuant to Ordinance 38801 vacating one alley, and Ordinance 1713-02 transferring the other portion of right-of-way and a Quitclaim Deed within instrument number 200302260056410 in Franklin County and subject to a general utility easement.
The Department of Public Service recently received a request from the property owner Gravity Project 3 Holdings, LLC, asking that the City release this easement over the property they own within this area to clear title, so the site can complete a redevelopment. These two areas are the first two alleys south of Broad Street and between May Avenue and McDowell Street. After receiving this request, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for this easement, located within the requested area, and that they have no objections to this portion of easement being released.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release these easements as described below and within the attached exhibit, to allow for the property to clear title, so the site can be redeveloped.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the request to release the easements.
3. EMERGENCY DESIGNATION
Emergency action is requested to allow the necessary property closings to occur within the next few weeks on this Parcel. This will allow the redevelopment of this Parcel, which is part of new build mixed-use development, and to alleviate the applicant's lender restricting project funds until these easements are resolved.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to transfer two portions of right-of-way located at the first two alleys south of Broad Street and between May Avenue and McDowell Street, to allow for the property to clear title; and to declare an emergency. ($0.00)
Body
WHEREAS in 1928 and 2002, pursuant to Ordinance 38801 vacating one alley, and Ordinance1713-02 transferring the other portion of right-of-way within a Quitclaim Deed per instrument number 199911020275669 in Franklin County and subject to a general utility easement; and
WHEREAS, the Department of Public Service recently received a request from the property owner, Gravity Project 3 Holdings, LLC, asking that the City release this easement over the property they own within this area to clear title, so the site can be redeveloped, these two areas are the first two alleys south of Broad Street and between May Avenue and McDowell Street; and
WHEREAS, the Department of Public Service Division of Infrastructure Management verified with all public and private utility companies that there are no public utilities or need for these easements, located within the requested area, and that they have no objections to this easement being released; and
WHEREAS, to authorize the Director of the Department of Public Service to execute those documents necessary to release this easement as described below and within the attached exhibit, to allow for the property to clear title; and
WHEREAS, a value of $500.00 for the encroachment easements was established; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to execute those documents necessary for the City to release these easements and clear titles to the property owner Gravity Project 3 Holdings, LLC, to allow the redevelopment of this Parcel, which is part of new build mixed-use development, and to alleviate the applicant's lender restricting project funds until these easements are resolved; NOW, THEREFORE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To authorize the Director of the Department of Public Service to execute those documents necessary for the City to release these easements as described below and within the attached exhibit, to allow for the property to clear title:
A 0.128 Acre Easement Areas to be released:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393, and being part of that 27.5-foot Public Alley between National Road and State Street and between McDowell Street and May Avenue (fka Mead Street) as established in Plat Book 1, Page 268, said 27.5-foot Public Alley being vacated in city ordinance number 38801 (all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio), being part of that 2.228 acre tract, as described in a deed to The Gravity Project 3 Holdings, LLC, of record in Instrument Number 202307310076401, and being further bounded and described as follows: BEGINNING at the intersection for the south line of said vacated 27.5-foot Public Alley and the existing west right-of-way line for McDowell Street (66’ R/W width - Public) as established in Plat Book 1, Page 268, and being on the east line of said 2.228 acre tract; Thence South 81 degrees 48 minutes 41 seconds West, along the south line of said vacated 27.5-foot Public Alley, and across said 2.228 acre tract, a distance of 201.98 feet to the existing east right-of-way line for May Avenue (40’ R/W width - Public), fka Mead Street, as dedicated in Plat Book 2, Page 242, and being on the west line of said 2.228 acre tract; Thence North 08 degrees 07 minutes 09 seconds West, along the existing east right-of-way line for said May Avenue, across said vacated 27.5-foot Public Alley, and along the west line of said 2.228 acre tract, a distance of 27.50 feet to the north line of said 27.5-foot Public Alley; Thence North 81 degrees 48 minutes 41 seconds East, along the north line of said vacated 27.5-foot Public Alley, and across said 2.228 acre tract, a distance of 201.98 feet to the intersection of the north line of said 27.5-foot Public Alley and the existing west right-of-way line for said McDowell Street, being on the east line of said 2.228 acre tract; Thence South 08 degrees 07 minutes 09 seconds East, along the existing west right-of-way line for said McDowell Street, and along the east line of said 2.228 acre tract, a distance of 27.50 feet to the POINT OF BEGINNING for this description. The above description contains a total area of 0.128 acres all of which is located within Franklin County Auditor’s parcel numbers 010-057684. Bearings described herein are based on Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. This description was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438, is based on an actual field survey performed by American Structurepoint. Inc., and is true and correct to the best of my knowledge and belief.
A 0.034 Acre Easement Areas to be released:
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393, and being part of that 15.5-foot Alley as established in Plat Book 2, Page 242, said 15.5-foot Alley declared as excess right-of-way in city ordinance number 1713-02, of record in Instrument Number 200302260056410 (all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio), being part of that 2.228 acre tract, as described in a deed to The Gravity Project 3 Holdings, LLC, of record in Instrument Number 202307310076401, and being further bounded and described as follows: BEGINNING at the existing northeast corner of said vacated 15.5-foot Alley, being on the existing west right-of-way line for McDowell Street (66’ R/W width-Public) as established in Plat Book 1, Page 268, being at the southeast corner of Lot 1, as numbered and delineated in F.C. Sessions Western Addition, of record in Plat Book 2, Page 242, and being on the east line of said 2.228 acre tract; Thence South 08 degrees 07 minutes 09 seconds East, along the east line of said vacated 15.5-foot Alley, along the existing west right-of-way line for said McDowell Street, and along the east line of said 2.228 acre tract, a distance of 15.50 feet to the southeast corner of said vacated 15.5-foot Alley, and being the northeast corner of Lot 61, as numbered and delineated in said F.C Sessions Western Addition;
Thence across said 2.228 acre tract for the following four (4) described courses: South 81 degrees 48 minutes 40 seconds West, along the south line of said vacated 15.5-foot Alley, and along the north line of said Lot 61, a distance of 91.00 feet to a point;
1. South 36 degrees 50 minutes 46 seconds West, continuing along the south line of said vacated 15.5-foot Alley, and continuing along the north line of said Lot 61, a distance of 7.08 feet to the intersection of said 15.5-foot Alley and that 15.5-foot Alley as established in Plat Book 2, Page 242, and declared as excess right-of-way in city ordinance number 3261-2022, of record in Instrument Number 202212200170933, and being at the northwest corner of said Lot 61;
2. North 08 degrees 07 minutes 09 seconds West, along the west line of said vacated 15.5-foot Alley, of record in Instrument Number 200302260056410, and along the east line of said vacated 15.5-foot Alley, of record in Instrument Number 202212200170933, a distance of 20.50 feet to the northwest corner of said vacated 15.5-foot Alley, of record in Instrument Number 200302260056410, being the northeast corner of said vacated 15.5-foot Alley, of record in Instrument Number 202212200170933, and being on the south line of Lot 3, as numbered and delineated in said F.C. Sessions Western Addition;
3. North 81 degrees 48 minutes 41 seconds East, along the north line of said vacated 15.5-foot Alley, of record in Instrument Number 200302260056410, and along the south lines of Lots 3-1 of said F.C. Sessions Western Addition, a distance of 96.00 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 0.034 acres all of which is located within Franklin County Auditor’s parcel numbers 010-057684. Bearings described herein are based on Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution.
This description was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438, is based on an actual field survey performed by American Structurepoint. Inc., and is true and correct to the best of my knowledge and belief.
SECTION 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s) and that this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That the City will receive a total of $500.00 as cost to clear title to the site, to be deposited in Fund 7748, Project P537650.
SECTION 4. 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.