Explanation
1. Background
This ordinance authorizes an amendment to previously approved Ordinance No. 1848-2024 by correcting the name of the entity to whom the extinguished right-of-way will be transferred to.
Ordinance No. 1848-2024, passed July 15, 2024, authorized the extinguishment and transfer of 0.084 acres of right-of-way known as Zettler Street from the Department of Public Service to Bluestone Brothers Capital LLC when it should have been Rico 199 LLC. The legislation must be amended to allow execution of valid agreements with the correct property owner.
2. FISCAL IMPACT
No funding is required by this legislation.
3. EMERGENCY JUSTIFICATION
Emergency action is requested, due to the short construction season in Ohio. This will allow the deed to be recorded as soon as possible, so the County can combine the lots and issue parcel numbers, allowing the development to proceed, certified addresses to be issued, construction of proposed roads, homes/buildings to be built. Additionally, it will allow the inspection and Construction Agreement to be finalized with the City.
Title
To amend Ordinance 1848-2024, passed July 15, 2024, to correct the entity to which the extinguishment and transfer of 0.084 acres of right-of-way known as Zettler Street from Bluestone Brothers Capital LLC to Rico 199 LLC; and declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Rico 199 LLC asking that the City transfer them a 3,659 square foot (0.084 acre) portion of right-of-way known as Zettler Street. The transfer of this right-of-way is necessary to facilitate the completion of the proposed development on PID: 010-015355-00, 010-007906-00, and 010-045500-00; and
WHEREAS, Ordinance No. 1848-2024, passed July 15, 2024, authorized the extinguishment and transfer of 0.084 acres of right-of-way known as Zettler Street from the Department of Public Service to Bluestone Brothers Capital LLC; and
WHEREAS, it was discovered that Ordinance No. 1848-2024 was incorrect and that Rico 199 LLC is the entity to whom the extinguished right-of-way will be transferred to; and
WHEREAS, the correct entity to whom the extinguished right-of-way will be transferred to is Rico 199 LLC; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize payment for utility relocation expenses to prevent construction delays, to ensure the safety of the travelling public, for the immediate preservation of preserving the public health, peace, property, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 1 of Ordinance No. 1848-2024, passed on July 15, 2024, is hereby amended to read as follows:
SECTION 1. That the Director of the Department of Public Service be, and hereby is, authorized to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the right-of-way described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to from Bluestone Brothers Capital LLC Rico 199 LLC; to-wit:
DESCRIPTION OF A 0.084 ACRE EASEMENT
Situated in the State of Ohio, County of Franklin, City of Columbus and being a portion of a 19.5-foot-wide public alley, commonly known as Zettler Street, as dedicated by Crosby and Co. Addition of Inlots No. 731 to No. 862 to the City of Columbus, as numbered and delineated in Deed Book 11, Page 97, destroyed by fire and reconstituted by the Franklin County Court of Common Pleas in Complete Record 35, Page 302 of the Franklin County Recorder’s Office, and being more particularly described as follows:
Beginning at a mag nail set at the intersection of the existing southerly line of Rich Street (82.5’ Wide, dedicated by Deed Book 11, Page 97) and the existing easterly line of Zettler Street (19.5’ Wide, dedicated by Deed Book 11, Page 97), said point also being the northwesterly corner of Lot No. 771 of said Crosby and Co. Addition of Inlots No. 731 to No. 862 to the City of Columbus;
Thence along the existing easterly line of Zettler Street and the westerly line of Lot No. 771, South 08°06’52” East for a distance of 187.85 feet to a mag nail found at the intersection of the existing easterly line of Zettler Street and the existing northerly line of Cherry Street (33’ Wide, dedicated by Deed Book 11, Page 97), said point also being the southwesterly corner of Lot No. 771;
Thence across Zettler Street with the existing northerly line of Cherry Street extended, South 81° 49’ 50” West for a distance of 19.50 feet to a mag nail set at the intersection of existing westerly line of Zettler Street and the existing northerly line of Cherry Street, said point also being the southeasterly corner of Lot No. 770 of said Crosby and Co. Addition of Inlots No. 731 to No. 862 to the City of Columbus;
Thence along the existing westerly line of Zettler Street and the easterly line of Lot No. 770, North 08°06’52” West for a distance of 187.86 feet to a mag nail set at the intersection of the existing westerly line of Zettler Street and the existing southerly line of Rich Street, said point also being the northeasterly corner of Lot No. 770;
Thence across Zettler Street with the existing southerly line of Rich Street extended, North 81° 50’ 58” East for a distance of 19.50 feet to the Point of Beginning and containing 0.084 Acres, more or less, of which all are within dedicated right-of-way and subject to all legal easements, agreements, and rights-of-way of record.
This description was prepared by Daniel L. Quick, Ohio Professional Surveyor Number 7803 from an actual field survey performed by Korda/Nemeth Engineering, Inc. in February 2020.
The bearings in this description are based on the existing southerly line of East Rich Street being N 81° 50' 58" E as referenced to the State Plane Coordinates Ohio South Zone, NAD 83 with 2011 NSRS Adjustment.
Iron pins set, if any are 5/8"x30" rebar topped by a yellow plastic identification cap, stamped "Korda/Nemeth Engineering".
SECTION 2. That existing Section 1 of Ordinance No. 1848-2024 is hereby repealed.
SECTION 3. 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.