Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, received a request from National Church Residences, on behalf of The Commons at Buckingham Housing, Limited Partnership, ("The Commons") asking that the City transfer a 25 foot wide strip of right-of-way off the north side of Buckingham Street, where 6th Street intersects with Buckingham, to The Commons. The Commons plans to construct a multi unit short term residential facility on the north side of Buckingham at this intersection. The 25 foot wide strip of right-of-way will be used to provide parking for visitors and social service providers assisting the residents of this facility. Per current practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way and the retention of a 7 foot wide sidewalk easement over the north side of this strip City will not be adversely affected by the proposed transfer to The Commons. Additionally, as a part of their site development The Commons has agreed to construct a radius improvement to the southwest corner of Buckingham and 6th Streets. This radius improvement will ensure the adjacent property owner (Abbott Laboratories) will continue to have unimpeded access to their site on the west side of 6th Street. The Department of Public Service submitted a request to the Department of Law, Real Estate Division, by asking that they establish a value for this right-of-way. A value of $27,225.00 was established for this right-of-way. After review, the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to The Commons for $27,225.00.
2. FISCAL IMPACT
The City will receive a total of $27,225.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested 25 foot wide strip of Buckingham Street right-of-way.
3. EMERGENCY JUSTIFICATION
The Commons notified the City their goal is to begin construction of this residential facility in late spring, 2009. Their lending institution's funding commitment is contingent upon approval of their site development plan which is contingent on their ability to acquire this 25 foot wide strip of right-of-way that they will then convert to on site parking for their facility. The Commons has requested that the City expedite the sale of this right-of-way to them.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.125 acre tract off of the north side of Buckingham Street at 6th Street to The Commons at Buckingham Housing, Limited Partnership; to waive the competitive bidding provisions of Columbus City Codes and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from National Church Residences, on behalf of The Commons at Buckingham Housing, Limited Partnership, ("The Commons") asking that the City transfer a 25 foot wide strip of right-of-way off the north side of Buckingham Street where 6th Street intersects with Buckingham Street to The Commons; and
WHEREAS, the Commons plans to construct a multi unit short term residential facility on the north side of Buckingham at this intersection; and
WHEREAS, the 25 foot wide strip of right-of-way will be used to provide parking for visitors and social service providers assisting the residents of this facility; and
WHEREAS, per current practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way and the retention of a 7 foot wide sidewalk easement along the north side of this strip City will not be adversely affected by the transfer of this 25 foot wide strip of right-of-way to The Commons; and
WHEREAS, as a part of their site development The Commons has agreed to construct a radius improvement to the southwest corner of Buckingham and 6th Streets; and
WHEREAS, this radius improvement will ensure the adjacent property owner will continue to have unimpeded access to their site on the west side of 6th Street; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, by asking that they establish a value for this right-of-way; and
WHEREAS, a value of $27,225.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to The Commons for $27,225.00; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to execute those documents necessary to transfer the above referenced 25 foot wide strip of Buckingham Street to The commons at Buckingham Housing, Limited Partnership so financing can be secured and construction of the proposed residential facility can begin as currently scheduled in the spring of 2009 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 Department of Public Service 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 The Commons at Buckingham Housing, Limited Partnership; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio; also being a part of Section 9, Township 5, Range 22 Refugee Lands, also being a portion of Buckingham Street (60' right-of-way); and being more particularly described as follows:
Beginning at the intersection of the southerly right-of-way line of Buckingham Street, and the southwesterly limited access right-of-way line of Interstate 670 (right-of-way varies), said point also being along the northerly line of Lot Number 52 of Neilston Park Place Addition as recorded in Plat Book 4, Page 129, said point also being along the northerly line of a tract of land as conveyed to Columbus State Community College as described in Official Record 30785 E-03; thence
Along the southwesterly limited access right-of-way line of Interstate 670, North 48°20'47" West for a distance of fifty-six and eighteen one-hundredths feet (56.18') to a pin set, said point being along the westerly limited access right-of-way line of Interstate 670, said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence;
Crossing through the right-of-way of Buckingham Street along a line 25.00 feet parallel and distant to the northerly right-of-way line of Buckingham Street North 86°52'47" West for a distance of two hundred thirty-two and seventy-four one-hundredths feet (232.74') to a nail set, said point being along the easterly line of a 0.311 acre tract as conveyed to Abbott Laboratories as described in Instrument Number 200106280146763; thence,
Along a portion of the westerly terminus of said Buckingham Street, also being along a portion of the easterly line of said 0.311 acre tract North 03°35'45" East for a distance of twenty-five and zero one-hundredths feet (25.00') to a 1" iron pipe found, said point being along the northerly right-of-way line of Buckingham Street, said point also being the southwesterly corner of a 0.643 acre tract of land as conveyed to The Commons at Buckingham Housing Limited Partnership, as described in Instrument Number 200710100177791, said point also being the southeasterly corner of a tract of land as conveyed to State of Ohio by Court of Common Pleas Case No. 210154, said point also being the northeasterly corner of said 0.311 acre tract; thence
Along the southerly line of said 0.643 acre tract, also being along the northerly right-of-way line of Buckingham Street, and then along the southerly limited access right-of-way line of Interstate 670 South 86°52'47" East for a distance of two hundred one and fourteen one-hundredths feet (201.14') to an iron pin set, said point being along the southwesterly limited access right-of-way line of Interstate 670, passing over an iron pin set a distance of 194.57' from the beginning of this course; thence
Along the southwesterly limited access right-of-way line of Interstate 670 South 48°20'47" East for a distance of forty and thirteen one-hundredths feet (40.13') to the point of beginning containing 0.125 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on an actual survey performed by Kleingers & Associates in October, 2005 and August, 2008.
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identifier caps stamped "Kleingers & Assoc".
Basis of bearings for the above described courses is the Ohio State Plane Coordinate System, Ohio South Zone (NAD83-CORS), with a portion of the northerly right-of-way line of Buckingham Street being North 86°52'47" west, as determined by a GPS survey utilizing CORS station "COLB" as maintained by The Ohio Department of Transportation.
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 upon notification and verification of the relocation of all utilities located within the retained general utility easement area the Director of the Department of Public Service is hereby authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the City.
Section 5. That the $27,225.00 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 748, Project 537650.
Section 6. That a sidewalk easement in, on, over, across and through the following described property be and hereby is retained unto the City of Columbus; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio; also being a part of Section 9, Township 5, Range 22 Refugee Lands, also being a portion of Buckingham Street (60' right-of-way); and being more particularly described as follows:
Commencing at the intersection of the southerly right-of-way line of Buckingham Street, and the southwesterly limited access right-of-way line of Interstate 670 (right-of-way varies), said point also being along the northerly line of Lot Number 52 of Neilston Park Place Addition as recorded in Plat Book 4, Page 129, said point also being the northeasterly corner of a tract of land as conveyed to Columbus State Community College as described in Official Record 30785 E-03; thence,
Along the southwesterly limited access right-of-way line of Interstate 670, North 48° 20' 47" West for a distance of eighty-five and eight one-hundredths feet (85.08') to a point, said point being along the westerly limited access right-of-way line of Interstate 670, said point also being TRUE POINT OF BEGINNING, and from said beginning point running thence,
Crossing through the right-of-way of Buckingham Street along a line parallel and 7.00 feet distant to the northerly right-of-way line of Buckingham Street North 86° 52' 47" West for a distance of eighty-one and eighty-seven one-hundredths feet (81.87') to a point; thence,
Continuing through the right-of-way of Buckingham Street South 03° 07' 13" West for a distance of eighteen and zero one-hundredths feet (18.00') to a point; thence,
Crossing through the right-of-way of Buckingham Street along a line parallel and 25.00 feet distant to the northerly right-of-way line of Buckingham Street North 86° 52' 47" West for a distance of seven and zero one-hundredths feet (7.00') to a point; thence,
Continuing through the right-of-way of Buckingham Street North 03° 07' 13" East for a distance of eighteen and zero one-hundredths feet (18.00') to a point; thence,
Crossing through the right-of-way of Buckingham Street along a line parallel and 7.00 feet distant to the northerly right-of-way line of Buckingham Street North 86° 52' 47" West for a distance of one hundred twenty-one and twelve one-hundredths feet (121.12') to a point, said point being along the easterly line of a 0.311 acre tract as conveyed to Abbott Laboratories as described in Instrument Number 200106280146763 said point also being along the westerly terminus of Buckingham Street; thence,
Along a portion of the westerly terminus said Buckingham Street, also being along a portion of the easterly line of said 0.311 acre tract North 03° 35' 47" East for a distance of seven and zero one-hundredths feet (7.00') to a point, said point being along the northerly right-of-way line of Buckingham Street, said point also being the southwesterly corner of a 0.643 acre tract of land as conveyed to The Commons at Buckingham Housing Limited Partnership, as described in Instrument Number 200710100177791, said point also being the southeasterly corner of a tract of land as conveyed to State of Ohio by Court of Common Pleas Case No. 210154, said point also being the northeasterly corner of said 0.311 acre tract; thence,
Along the southerly line of said 0.643 acre tract, also being along the northerly right-of-way line of Buckingham Street, and then along the southerly limited access right-of-way line of Interstate 670 South 86° 52' 47" East for a distance of two hundred one and fourteen one-hundredths feet (201.14') to a point, said point being along the southwesterly limited access right-of-way line of Interstate 670; thence,
Along the southwesterly limited access right-of-way line of Interstate 670 South 48° 20' 47" East for a distance of eleven and twenty-four one-hundredths feet (11.24') to the point of beginning containing 0.035 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License No. 7978, based on an actual survey performed by Kleingers & Associates in October, 2005 and August, 2008.
Basis of bearings for the above described courses is the Ohio State Plane Coordinate System, Ohio South Zone (NAD83-CORS), with a portion of the northerly right-of-way line of Buckingham St. being North 86°52'47" West, as determined by a GPS survey utilizing CORS station "COLB" as maintained by The Ohio Department of Transportation.
Section 7. 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 329.29 with regards to the transfer of this right-of-way.
Section 8. 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.