Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Franklinton Senior, LLC asking that the City sell a portion of the right-of-way identified as the east-west alley, known as Walnut Street, north of Rich Street, between Davis Avenue and Green Street. Transfer of this right-of-way will allow for the construction of multi-family housing for the elderly. Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of this right-of-way. The Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $24,781.00 was established. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Franklinton Senior, LLC for $24,781.00.
2. FISCAL IMPACT:
The City will receive a total of $24, 781.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing Franklinton Senior, LLC to complete their transfer and allow Franklinton Senior, LLC to proceed with construction plans without further delay in order to avoid incurring additional costs that would place strain on the project budget.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a portion of the Walnut Street right-of-way; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Franklinton Senior, LLC, asking that the City transfer the east/west alley known as Walnut Street, north of Rich Street, between Davis Avenue and Green Street, to them; and
WHEREAS, acquisition of the right-of-way will allow Franklinton Senior, LLC to construct multi-family housing for the elderly on property that is currently owned by Franklinton Senior, LLC; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, 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, the City will not be adversely affected by the transfer of this right-of-way to Franklinton Senior, LLC; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $24,781.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Franklinton Senior, LLC for the amount of $24,781.00; and now therefore
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 which will provide for immediate transfer of a portion of the Walnut Street right-of-way to Franklinton Senior, LLC, thereby allowing proposed construction to proceed without delay and 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 Franklinton Senior, LLC; to-wit:
Situated in the State of Oho, County of Franklin, City of Columbus, being a part of Virginia Military Survey Number 1393, and being all of that part of Walnut Street located between Davis Avenue and Rich Street, as dedicated in B. F. Martin's Western Addition, of record in Plat Book 2, page 214, all records referenced are on file at the Office of the recorder, Franklin County, Ohio, and being further bounded and described as follows:
BEGINNING at a 5/8 inch iron pin found with a cap stamped "PS 6578" at the northwest corner of Lot 86 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 200603210052793, said corner being at the intersection of the south right-of-way line for Walnut Street and the east right-of-way line for Davis Avenue (formerly Glenn Street);
Thence North 0 degrees 16 minutes 51 seconds West, along the west line of said Walnut Street, along the east line of said Davis Street, a distance of 25.00 feet to a 5/8 inch iron pin found with a cap stamped "PS 6578" at the southwest corner of Lot 33 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 20015180109645, said corner being at the intersection of the east right-of-way line for Davis Avenue and the north right-of-way line for said Walnut Street;
Thence North 89 degrees 43 minutes 09 seconds East, along the north right-of-way line for said Walnut Street, along the south line of said Lot 33, along the south line of Lots 32, 31, 30 and 29 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 199907260188793, along the south line of Lots 28 and 27 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 200306250192064, and along the south line of an unnamed alley vacated by City of Columbus Ordinance 2040-01, and conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 200201250023166, a distance of 299.50 feet to a 5/8 inch iron pin found with a cap stamped "PS 6578" on the west right-of-way line of Green Street, as dedicated by the Green Street and Easements Dedication Plat, of record in Plat Book 79, page 49;
Thence South 7 degrees 08 minutes 46 seconds East, along the east line of said Walnut Street, along the west right-of-way line for said Green Street, a distance of 25.18 feet to a 5/8 inch iron pin found with a cap stamped "PS 6578" at the northwest corner of Lot 93 of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Official Record Volume 19728, page F09, being the northeast corner of an unnamed alley dedicated by said B. F. Martin's Western Addition;
Thence South 89 degrees 43 minutes 09 seconds West, along the south right-of-way line for said Walnut Street, along the north line of said unnamed alley, along the north line of Lots 92, 91, 90, 89, 88, 87 and said Lot 86, of said B. F. Martin's Western Addition, as conveyed in a deed to Mount Carmel Health System, of record in Instrument Number 200603210052793, a distance of 302.51 feet to the POINT OF BEGINNING.
The above description contains 0.173 acres located within the present right-of-way for Walnut Street.
The bearings described herein are based on the bearing for the south right-of-way line for Walnut Street, being North 89 degrees 43 minutes 09 second East, as described in the Dedication of Green Street and Easements Dedication Plats, of record in Plat Book 79, Page 49, on file at the Office of the Recorder, Franklin County, Ohio
The above description was prepared and reviewed on January 28, 2010 by Brian P. Bingham, Registered Professional Surveyor Number 8438, and is based on an actual field survey performed by
American Structurepoint, Inc. on August 3, 2009.
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 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 $24,781.00 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 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.