Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Fabulous Real Estate Investments, LLC, ("the Developer") asking that the City transfer the first alley east of Douglass Street from Oak Street to the alley north of Oak Street to them. The Developer is converting what is currently a collection of vacant and deteriorating buildings into 31 high-end condo units to be known as the "Olde Towne Condominiums". In addition, ground floor commercial space will be developed at the northwest and at the southwest corners of this site. Sale of this alley, which is completely enclosed by the condo complex, will allow the Developer to combine individual parcels into one unified property and will allow the Developer to construct a new 16 space garage to provide additional parking for the new complex. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this alley, subject to the retention of a general utility easement for those utilities currently located within this alley. The Department of Law, Real Estate Division, established a value of $5,400.00 for this right-of-way. In recognition of the substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project and in recognition of the significant improvement this development will make to the neighborhood the Land Review Commission voted to recommend that this alley be transferred to Fabulous Real Estate Investments, LLC at no charge.
Emergency Justification: Emergency action is requested so that the individual parcels can be combined into one, financing arrangements can be finalized, and redevelopment of this site can begin without delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the first alley east of Douglass Street from Oak Street to the alley north of Oak Street to Fabulous Real Estate Investments, LLC at no charge as recommended by the Land Review Commission; to waive the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Fabulous Real Estate Investments, LLC, ("the Developer") asking that the City transfer the first alley east of Douglass Street from Oak Street to the alley north of Oak Street to them; and
WHEREAS, the Developer is converting what is currently a collection of vacant and deteriorating buildings into 31 high-end condo units to be known as the "Olde Towne Condominiums"; and
WHEREAS, as an additional part of the redevelopment the Developer intends to create ground floor commercial space at the northwest and at the southwest corners of this site; and
WHEREAS, sale of this alley, which is completely enclosed by the proposed condo complex, will allow the Developer to combine individual parcels into one unified property and will allow the Developer to construct a new 16 space garage to provide additional parking for the new complex; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way, subject to the retention of a general utility easement for those utilities currently located within this alley; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $5,400.00 for this alley; and
WHEREAS, the Land Review Commission voted to recommend that this alley be transferred to Fabulous Real Estate Investments, LLC at no charge in recognition of the substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project and in recognition of the significant improvement this development will make to the neighborhood; 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 transfer the first alley east of Douglass Street from Oak Street to the alley north of Oak Street to Fabulous Real Estate Investments, LLC without delay so that the individual parcels within this site can be combined, financing arrangements can be finalized and redevelopment of this site can begin without delay for the preservation of 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 transfer the following described right-of-way to Fabulous Real estate Investments, LLC; to-wit:
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 13, Township 5, Range 22 and being a 15 foot wide alley as shown and delineated in the record plat of C.B. & D.H. Cowan's Subdivision, of record in Plat Book 5, Page 311, all records herein are from the Recorder's Office, Franklin County, Ohio, said 0.052 acre tract being more particularly described as follows:
Beginning, at a ¾ inch iron pipe with cap (CEC PROP CORNER) found at the southeast corner of Lot 8 as shown on said C.B & D.H. Cowan's Subdivision, conveyed to Fabulous Real Estate Investment, LLC, by deed of record in Instrument Number 200411260270830, said iron pipe also being in the northerly right-of-way line of Oak Street (50 feet wide);
Thence North 90°00'00" West, a distance of 15.00 feet, along the northerly right-of-way line of said Oak Street, to an iron pipe set at the southeast corner of Lot 4 as shown on said C.B. & D.H. Cowan's Subdivision, conveyed to Fabulous Real Estate Investment, LLC, by deed of record in Instrument Number 200506230122434;
Thence North 00°21'49" West, a distance of 150.00 feet, along the east line of said Lot 4, to an iron pipe set at the northeast corner of Lot 1 as shown on said C.B. & D.H. Cowan's Subdivision, conveyed to Fabulous Real Estate Investment, LLC, said iron pin also being in the south line of Agate Alley (20 feet wide);
Thence North 90°00'00" East, a distance of 15.00 feet, along the south line of said Agate Alley, to a ¾ inch iron pipe with cap (CEC PROP CORNER) found at the northwest corner of Lot 5 as shown on said C.B. & D.H. Cowan's Subdivision, conveyed to said Fabulous Real Estate Investment, LLC,;
Thence South 00°21'49" East, a distance of 150.00 feet, along the west line of said Lot 5, to the POINT OF BEGINNING, containing 0.052 acres, more or less.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "CEC PROP CORNER."
This description was based on an actual field survey by Civil & Environmental Consultants, Inc. in September, 2006.
The bearings shown above are assumed on the bearing of North 90°00'00" West, as shown on C.B. & D.H. Cowan's Subdivision, of record in Plat Book 5, Page 311, at the Recorder's Office, Franklin County, Ohio.
Civil and Environmental Consultants, Inc.
Jerry A. Malott, P.S., Registered Surveyor No. 5963
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 right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said right-of-way.
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 transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to the transfer of this property.
Section 5. 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.