Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from I-670/Stelzer Road Limited Partnership asking that the City sell that right-of-way identified as the unimproved portion of Oakland Avenue from the east right-of-way line of Sterling Street to the west right-of-way line of Jetway Boulevard as shown on the plat titled "Dedication of Jetway Boulevard and Runway Street", to them, and that the City release the utility easement rights retained when the 16 foot wide alley between Sterling Street and Floway Drive was vacated by the Franklin County Commissioners in 1965. This right-of-way is currently shown incorrectly on the Franklin County Auditor's records as being a part of a larger unimproved industrial tract owned by I-670/Stelzer Road Limited Partnership. After review of the documents submitted with this request, the Transportation Division staff has determined that there will be no adverse impact to the City upon sale of this right-of-way and the release of the retained easement rights. I-670/Stelzer Road Limited Partnership has informed the City that purchase of this excess right-of-way and release of the retained easement rights will accommodate proposed sale and subsequent development of their adjacent tract. Per existing practice and Land Review Commission policy the Department of Law, Real Estate Division, established a value of $12,480.00 for this right-of-way and the release of the retained easement rights. I-670/Stelzer Road Limited Partnership has agreed to pay $12,480.00 for this right-of-way and the release of the retained easement rights therefore, the Transportation Division recommendation is that this sale and release proceed as proposed.
Fiscal Impact: The City will receive a total of $12,480.00, to be deposited in Fund 748, Project 537650, as consideration for the sale of the requested right-of-way and release of the retained easement rights.
Emergency Justification: I-670/Stelzer Road Limited Partnership has asked that this request be considered by City Council prior to their winter recess so that a proposed sale and subsequent development of the adjacent tract can proceed in early January, 2006, as currently scheduled.
Title
To sell the unimproved portion of Oakland Avenue from the east right-of-way line of Sterling Street to the west right-of-way line of Jetway Boulevard as shown on the plat titled "Dedication of Jetway Boulevard and Runway Street" to I-670/Stelzer Road Limited Partnership and to release the utility easement rights retained when the 16 foot wide alley between Sterling Street and Floway Drive was vacated by the Franklin County Commissioners in 1965 for a total value of $12,480.00; to waive the competitive bidding and Land Review Commission 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 I-670/Stelzer Road Limited Partnership asking that the City sell that right-of-way identified as the unimproved portion of Oakland Avenue from the east right-of-way line of Sterling Street to the west right-of-way line of Jetway Boulevard as shown on the plat titled "Dedication of Jetway Boulevard and Runway Street" to them, and that the City release the utility easement rights retained when the 16 foot wide alley between Sterling Street and Floway Drive was vacated by the Franklin County Commissioners in 1965, to accommodate proposed development of their adjacent lands; and
WHEREAS, this excess right-of-way is currently shown incorrectly on the Franklin County Auditor's records as being part of a larger unimproved industrial tract owned by I-670/Stelzer Road Limited Partnership; and
WHEREAS, after review of the documents submitted with this request, the Transportation Division staff has determined that there will be no adverse impact to the City upon sale of this right-of-way and the release of the retained easement rights; and
WHEREAS, per existing practice and Land Review Commission policy the Department of Law, Real Estate Division, established a value of $12,480.00 for this right-of-way and the release of the retained easement rights; and
WHEREAS, because I-670/Stelzer Road Limited Partnership has agreed to pay the price established by the City Attorney's Office, Real Estate Division for this sale and release the Transportation Division recommendation is to sell this excess right-of-way to I-670/Stelzer Road Limited Partnership for $12,480.00; 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 complete this sale so that the current development schedule is not compromised thereby preserving 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 sell the unimproved portion of Oakland Avenue from the east right-of-way line of Sterling Street to the west right-of-way line of Jetway Boulevard as shown on the plat titled "Dedication of Jetway Boulevard and Runway Street" to I-670/Stelzer Road Limited Partnership.
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 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 release the utility easement rights retained when the 16 foot wide alley between Sterling Street and Floway Drive was vacated by the Franklin County Commissioners in 1965, as requested by I-670/Stelzer Road Limited Partnership.
Section 4. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be sold without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the transfer of this excess right-of-way.
Section 5. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be sold without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this excess right-of-way.
Section 6. That the $12,480.00 to be received by the City as consideration for the sale of this right-of-way and the release of the reserved utility easement rights shall be deposited in Fund 748, Project 537650.
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.