Explanation
1. BACKGROUND
Nationwide Children's Hospital ("Children's") has expressed a desire to lease a 20 foot by 25 foot (0.0112 acre) portion of East Broad Street right-of-way (hereinafter "the premises") adjacent to 6499 East Broad Street, Columbus, Ohio, from the City of Columbus ("City"). The existing East Broad Street right-of-way width in this area exceeds current City needs, however long term growth projections indicate the City will need to improve this portion of East Broad Street in the future therefore the City will not consider selling any of the existing right-of-way. The City has determined leasing the premises to Children's will not adversely impact the traveling public and that leasing the premises affords the City continued control of the premises. The following legislation authorizes the Director of the Department of Public Service to execute, on behalf of the City of Columbus, a lease agreement prepared by the City Attorney's Office that will allow Children's to lease the premises more fully described in the body of this legislation, subject to the mutual covenants and obligations contained within the lease agreement.
2. FISCAL IMPACT:
The term for this lease agreement shall be ten (10) years with an option to renew for five (5) successive one (1) year terms. As specified in the lease agreement the City will receive a non-refundable lease payment of $150.00 per year for each complete year this lease remains in effect. Payments shall be made annually to the Public Service Department, Transportation Division and shall be deposited in the Street Construction Maintenance Repair Fund, Fund 265.
3. EMERGENCY DESIGNATION:
Emergency action is being requested to allow the execution of the lease agreement to proceed as quickly as possible.
Title
To authorize the Director of Public Service to execute a Lease Agreement by and between the City of Columbus, Ohio and Nationwide Children's Hospital for a specified section of East Broad Street right-of-way adjacent to 6499 East Broad Street, Columbus, Ohio and to declare an emergency.
Body
WHEREAS, Nationwide Children's Hospital ("Children's") has expressed a desire to lease a 20 foot by 25 foot (0.0112 acre) portion of East Broad Street right-of-way (hereinafter "the premises") adjacent to 6499 East Broad Street, Columbus, Ohio, from the City of Columbus ("City"); and
Whereas, the existing East Broad Street right-of-way width in this area exceeds current City needs, however long term growth projections indicate the City will need to improve this portion of East Broad Street in the future therefore the City will not consider selling any of the existing right-of-way; and
WHEREAS, the City has determined leasing the premises to Children's will not adversely impact the traveling public and that leasing the premises affords the City continued control of the premises; and
WHEREAS, the term for this lease agreement shall be ten (10) years with an option to renew for five (5) successive one (1) year terms; and
WHEREAS, as specified in the lease agreement the City will receive a non-refundable lease payment of $150.00 per year for each complete year this lease remains in effect; and
WHEREAS, payments shall be made annually to the Public Service Department, Transportation Division and shall be deposited in the Street Construction Maintenance Repair Fund, Fund 265; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service, Division of Transportation, in that it is immediately necessary to authorize the Director of the Department of Public Service to execute a lease agreement prepared by the City Attorney's Office that will allow Children's to lease the premises more fully described in the body of this legislation 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 Department of Public Service be and is hereby authorized to execute a lease agreement by and between the City of Columbus, Ohio and Nationwide Children's Hospital, essentially in the form of the document attached hereto and made a part hereof, for the following described premises:
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 3, Township 1, Range 16, United States Military Lands and being within the City of Columbus right-of-way conveyed in Official Record 32343, Page J08, and being more particularly described as follows:
Commencing for reference at a ¾" iron pipe found at the northeast corner of a 5.115 acre tract conveyed to Eastglen Land LLC of record in Instrument Number 200503030038472, thence along the south right of way line of East Broad Street also being the north property line of said Eastglen tract, and the north property line of Eastglen Medical LLC as recorded in Instrument Number 200408130189451, South 78°50'48" West a distance of 162.91 feet to a point being the true point of beginning for the parcel hereon conveyed;
Thence continuing along said southerly right of way line and property line, South 78°50'48" West a distance of 25.00 feet to a point;
Thence North 11°09'12" West a distance of 20.00 feet to a point;
Thence North 78°50'48" East a distance of 25.00 feet to a point;
Thence South 11°09'12" East, a distance of 20.00 feet to the true point of beginning and containing 0.0112 acres, more or less;
The basis of bearing being the north line of said Eastglen tract as noted in Instrument Number 200503030038472.
The above description was prepared by Korda/Nemeth Engineering, Inc. under the direction and supervision of Nathan W. Anderson, Ohio Registered Surveyor No. 8322.
Section 2. 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.