Explanation
BACKGROUND: Nationwide Arena, LLC has an opportunity to sell a 0.678 acre parcel of that property to The Eye Center Realty Partners, LLC for the construction of an eye surgery center, which sale shall result in the further commercial development of the former Ohio Pen Site. Releasing Nationwide from the conditions of that certain Contract of Sale will facilitate that development.
FISCAL IMPACT: No funding is required for this legislation.
Title
To release Nationwide Arena, LLC in the sale of a parcel of real property from the conditions set forth in Section 11.13(D) of that certain Contract of Sale between the City of Columbus and Nationwide Arena, LLC; and to declare an emergency.
Body
WHEREAS, the City of Columbus and Nationwide Arena, LLC entered into a Contract of Sale dated August 17, 1998 for portions of the real property formerly known as the Ohio Penitentiary; and
WHEREAS, Nationwide Arena, LLC has an opportunity to sell a 0.678 acre parcel of that property to The Eye Center Realty Partners, LLC for the construction of an eye surgery center, which sale shall result in the further commercial development of the former Ohio Pen Site; and
WHEREAS, it is necessary in order to encourage and permit this proposed development that the City release Nationwide Arena, LLC from the conditions set forth in Section 11.13(D) of the Contract of Sale; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to grant Nationwide Arena, LLC's request to be released from the aforesaid provisions of the contract of Sale which shall permit the sale of this parcel and the timely redevelopment of the parcel; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That upon the sale of the following real property, Nationwide Arena, LLC shall be released from the conditions set forth in Section 11.13(D) of the Contract of Sale dated August 17, 1998 between the City of Columbus and Nationwide, LLC; said real property being more fully described as:
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Half Section 10, Section 8, Township 5, Range 22, United States Military Lands and being 0.644 acre out of Lot 3 of that subdivision entitled "Arena District Subdivision" of record in Plat Book 90, Pages 75 and 76 as conveyed to Nationwide Arena LLC by deed of record in Instrument Number 199902030028281 and 0.034 acre out of that 0.117 acre tract as conveyed to Nationwide Arena LLC by deed of record in Instrument Number
(all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning, for reference, at an iron pin set in the proposed easterly right-of-way line of Neil Avenue, being the southwesterly corner of said Lot 3, and being the southeasterly corner of said 0.117 acre tract;
thence North 44° 15' 27" West, with said proposed easterly right-of-way line, being the westerly line of said 0.117 acre tract, a distance of 14.11 feet to an iron pin set;
thence North 00° 53' 05" East, continuing with said proposed easterly right-of-way line, being said westerly line, a distance of 128.89 feet to an iron pin set at the True Point of Beginning;
thence North 00° 53' 05" East, continuing with said proposed easterly right-of-way line, being said westerly line, a distance of 148.00 feet to an iron pin set;
thence crossing said 0.117 acre tract and said Lot 3, the following courses:
South 89° 06' 55" East, a distance of 199.50 feet to an iron pin set;
South 00° 53' 05" West, a distance of 148.00 feet to an iron pin set; and
North 89° 06' 55" West, a distance of 199.50 feet to the True Point of Beginning, and containing 0.678 acre of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
Bearings are based on South 89° 08' 05" East, for the northerly right-of-way line of West Maple Street as per Governor's deed to the City of Columbus of record in Official Record 30337104, Recorder's Office, Franklin County, Ohio.
Section 2. That for the reasons state in the preamble hereto, 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 its passage if the Mayor neither approves nor vetoes the same.