Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Mr. Lawrence Fisher asking that the City transfer a portion of Wall Street to Columbus Downtown Development Corporation ("CDDC") to facilitate additional renovation and redevelopment of the former Lazarus site and the surrounding parking facilities by CDDC. The current plans for this renovation/redevelopment project propose the construction of an outdoor galleria covering the existing Wall Street, north of Town Street and south of Chapel Street. 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 portion of Wall Street. The Department of Law, Real Estate Division, established a value of $1,527,980.10 for this right-of-way. In recognition of the value of the improvements undertaken by CDDC in this area that will contribute to the revitalization of this area of downtown Columbus the Public Service Department, Transportation Division, recommends this right-of-way be transferred to CDDC at no charge.
Emergency Justification: Emergency action is requested so that redevelopment of the former Lazarus site and the adjacent parking facilities can continue without interruption.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer that property identified as Wall Street, north of Town Street and south of Chapel Street, to Columbus Downtown Development Corporation at no charge; to waive the Land Review Commission and the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
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WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Lawrence Fisher asking that the City transfer a portion of Wall Street to Columbus Downtown Development Corporation ("CDDC") to facilitate additional renovation and redevelopment of the former Lazarus site and the surrounding parking facilities by CDDC; and
WHEREAS, the current plans for this renovation/redevelopment project propose the construction of an outdoor galleria covering the existing Wall Street, north of Town Street and south of Chapel Street; 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 portion of Wall Street; and
WHEREAS, the Department of Law, Real Estate Division, established a value of $1,527,980.10 for this right-of-way; and
WHEREAS, in recognition of the value of the improvements undertaken by CDDC in this area that will contribute to the revitalization of this area of downtown Columbus the Public Service Department, Transportation Division, recommends this right-of-way be transferred to CDDC at no charge, 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 requested portion of Wall Street to Columbus Downtown Development Corporation without delay so that redevelopment of this site can continue without interruption 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 Columbus Downtown Development Corporation; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 17, Township 5, Range 22, Refugee Tract, being a portion of Wall Street (formerly Fair alley) as shown on Plat Book 3, Page 248, and described as follows:
Beginning at a mag nail set marking the intersection of the easterly right-of-way for said Wall Street with the northerly right-of-way line for Town Street, the same being the southwesterly corner of Lot 258 as shown on said Plat Book 3, Page 248;
Thence South 81°52'43" West, across said Wall Street, 33.00 feet to a mag nail set marking the intersection of the westerly right-of-way line of said Wall Street with said northerly right-of-way line, the same being the southeasterly corner of Lot 6 of "L. Goodale's Subdivision" as recorded in Plat Book 2, Page 15;
Thence North 08°08'35" West, with said westerly right-of-ay line, 187.24 feet to a mag nail set marking the intersection of said westerly right-of-way line with the southerly right-of-way line of Chapel Street (formerly Sugar Alley), the same being the northeasterly corner of Lot 203 as shown on said Plat Book 3, Page 248;
Thence North 81°52'43" East, across said Wall Street, 33.00 feet to a mag nail set marking said easterly right-of-way line with said southerly right-of-way line, the same being the northwesterly corner of Lot 6 of "Goodale House Block" as recorded in Plat Book 2, Page 52;
Thence South 08°08'35" East, with said easterly right-of-way line, 187.24 feet to the Point of Beginning. Containing 0.142 acre, more or less.
All references refer to the records of the Recorder's Office, Franklin County, Ohio.
Bearings are based on North 08°08'35" West, for the centerline of High Street.
This description was prepared using documents of record, prior plats, and an actual field survey performed by EMH&T, Inc., Gahanna, Ohio during November 2004.
EVANS, MECHWART, HAMBLETON AND TILTON, INC.
Edward J. Miller, P.S., Registered Surveyor No. 8250
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 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 a recommendation for Land Review Commission and hereby waives the Land Review Commission provisions of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this property.
Section 6. 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.