Explanation
1. BACKGROUND:
In 1961, pursuant to Ordinance 702-61, the City of Columbus vacated the alley known as Rush Alley north of West State Street from the west right-of-way line of South McDowell Street to the East right-of-way line of South Mill Street. In 1951, pursuant to Ordinance 674-51, the City of Columbus vacated an alley. The alley is the first alley South of West Broad Street from west right-of-way line west of May Avenue (40 feet wide) (formerly Mead Street) extending westerly to the easterly line of Lot 227 of "M.L. Sullivant's Western Addition", of record in Plat Book 1, Page 268. The City reserved a general utility easement in both ordinances for those utilities located within the alleys.
The Department of Public Service recently received a request from Byers Realty, LLC, asking that the City release the reserved general utility easements and quit-claim the previously vacated right-of-way as needed to clear title and satisfy Franklin County Engineers Office. The buyer of the parcel, from Byers Realty, LLC, plans on major redevelopment of this site and others in the Franklinton community.
After receipt of this request, the Department of Public Service's Division of Planning and Operations verified with all the public and private utility companies that there are no public utilities located within the reserved general utility easements and that they have no objections to these releases and quit-claiming the right-of-way.
This legislation authorizes the Director of the Department of Public Service to execute those documents necessary to release general utility easements and quit-claim the right-of-way previously vacated as needed to clear title to the real property.
2. Fiscal Impact
The City will receive a total of $1000.00, to be deposited in Fund 748, for releasing the easements and quit-claim deeding the right-of-way to clear title.
3. EMERGENCY JUSTIFICATION:
Emergency action is requested in order to not delay the transfer of the City's real property rights and release of the City's easement rights in order for Byers Realty, LLC to sell this site and maintain private development project schedules.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to release general utility easements and quit-claim the previously vacated right-of-way as necessary to clear title to the real property; and to declare an emergency. ($0.00)
Body
WHEREAS, in 1961, pursuant to Ordinance 702-61, the City of Columbus vacated the alley known as Rush Alley north of West State Street from the west right-of-way line of South McDowell Street to the East right-of-way line of South Mill Street; and
WHEREAS, in 1951, pursuant to Ordinance 674-51, the City of Columbus vacated the first alley South of West Broad Street from the west right-of-way line of May Avenue (40 feet wide) (formerly Mead Street) extending westerly to the easterly line of Lot 227 of "M.L. Sullivant's Western Addition", of record in Plat Book 1, Page 268 extending westerly; and
WHEREAS, the City reserved a general utility easement in both ordinances for those utilities located within the alleys; and
WHEREAS, the Department of Public Service recently received a request from Byers Realty, LLC, asking that the City release the reserved general utility easements and quit-claim the previously vacated right-of-way as necessary to clear title and satisfy Franklin County Engineers Office; and
WHEREAS, Department of Public Service, Division of Planning and Operations verified with all the public and private utility companies that there are no public utilities located within the reserved general utility easements and that there are no objections to these releases and quit-claiming the previously vacated of right-of-way; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to execute those documents, as approved by the Columbus City Attorney, to quit claim grant the previously vacated right-of-way and to release the City's general utility easement rights reserved in City Ordinances 674-51 and 702-61, in order to maintain development project schedules, thereby preserving the public health, peace, property, safety, and welfare; and 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 to release general utility easements reserved in Ordinances 702-61 and 674-51 and to execute quit-claim deeds, as necessary and approved by the Real Estate Department, City Attorney's Office, to quit-claim the right-of-way previously vacated in said Ordinances, to wit:
Easement Areas to be released:
First alley south of Broad Street:
• Being a 12 feet wide alley as dedicated by "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, being the first alley south of West Broad Street and extending west from the westerly right-of-way line of May Avenue (40 feet wide) (formerly Mead Street) to the easterly line of Lot 227 of "M.L. Sullivant's Western Addition", of record in Plat Book 1, Page 268.
Rush Alley:
• Being that alley known as Rush Alley, dedicated for public use by City of Columbus Ordinance Number 150-54, thereafter vacated by City of Columbus Ordinance Number 702-61, and being over Lots 20, 32, 55 and 71 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242.
Areas of right-of-way to be quit-claimed:
To Byers Realty, LLC:
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being the northerly half of Lot 20 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 20 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being southerly half of Lot 32 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 32 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being all of Lot 55 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 55 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
To Walter G. Reiner:
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being the southerly half of Lot 20 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 20 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being the northerly half of Lot 32 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 32 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
To A.D. Farrow, LLC:
· Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Virginia Military Survey Number 1393:
Being the northerly half of Lot 71 of "F.C. Sessions Western Addition", of record in Plat Book 2, Page 242, as conveyed to City of Columbus, Ohio by deed of record in Deed Book 212, Page 621, said Lot 71 being part of Rush Alley as vacated in City of Columbus Ordinance Number 702-61.
SECTION 2. For the reasons stated in this ordinance's preamble, which are made a part of this ordinance, this ordinance is declared to be an emergency measure and is effective and in force from and after its passage and approval by the Mayor or ten (10) days after its passage if the Mayor neither approves nor vetoes this ordinance.