Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Spectrum Properties, Inc., doing business as 78 Chestnut Street LLC, ("the Developer") asking that the City transfer a fifteen foot wide strip of right-of-way off the west side of North Third Street, between Chestnut Street and Locust Street, to them. The Developer is converting 77,000 square feet of unoccupied office space at 78 East Chestnut Street into 48 residential condominium units to be known as CityView at Third. Transfer of this fifteen foot wide strip of right-of-way will allow the Developer to provide private screened patios for the ground floor condominium units at CityView at Third. As an additional part of the redevelopment of this site the Developer has agreed to take responsibility for the adjacent asphalt street (which is a dead-end alley) and convert it into a public pedestrian walkway from Chestnut Street on the south to Locust Street on the north. The Developer, on behalf of the CityView condominium association, has agreed to assume the long term maintenance responsibility and will enter into a maintenance agreement with the City for this public walkway area. 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 North Third Street and a maintenance easement for the existing retaining walls supporting the Third Street Viaduct. The Department of Law, Real Estate Division, established a value of $35,128.80 for this right-of-way. In recognition of the long term financial responsibilities, the value of the improvements undertaken by the Developer at this location that will further the interest and welfare of the public and the substantial increase in tax revenue generated by the development of these residential units in the downtown area the Land Review Commission voted to recommend that this right-of-way be transferred to 78 Chestnut Street LLC at no charge.
Emergency Justification: Emergency action is requested so that redevelopment of this site 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 a fifteen foot wide strip of right-of-way off the west side of North Third Street, between Chestnut Street and Locust Street, to 78 Chestnut Street LLC at no charge as recommended by the Land Review Commission; to authorize the Director of the Public Service Department to execute a maintenance agreement assigning the long term maintenance responsibilities for a public pedestrian walkway area being developed adjacent to this fifteen foot wide strip to 78 Chestnut Street LLC; to waive the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Spectrum Properties, Inc., doing business as 78 Chestnut Street LLC, ("the Developer") asking that the City transfer a fifteen foot wide strip of right-of-way off the west side of North Third Street, between Chestnut Street and Locust Street, to them; and
WHEREAS, the Developer is converting 77,000 square feet of unoccupied office space at 78 East Chestnut Street into 48 residential condominium units to be known as CityView at Third; and
WHEREAS, transfer of this fifteen foot wide strip of right-of-way will allow the Developer to provide private screened patios for the ground floor condominium units at CityView at Third; and
WHEREAS, as an additional part of the redevelopment of this site the Developer has agreed to take responsibility for the adjacent asphalt street (which is a dead-end alley) and convert it into a public pedestrian walkway from Chestnut Street on the south to Locust Street on the north; and
WHEREAS, the Developer, on behalf of the CityView condominium association, has agreed to assume the long term maintenance responsibility and will enter into a maintenance agreement with the City for this public walkway area; 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 North Third Street and a retaining wall maintenance easement for the future reconstruction and/or repair of the adjacent retaining walls that supports the existing Third Street Viaduct; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $35,128.80 for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to 78 Chestnut Street LLC at no charge in recognition of the above referenced maintenance responsibilities, the value of the improvements undertaken by the Developer at this location that will further the interest and welfare of the public and the substantial increase in tax revenue generated by the development of these residential units in the downtown area; 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 North Third Street to 78 Chestnut Street LLC 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 78 Chestnut Street LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being 0.064 acre of land all located within the right-of-way of Third Street as shown and delineated upon the recorded plat thereof, in Deed Book "F", Page 332, and Plat Book 3, Page 248, Recorder's Office, Franklin County, Ohio, being more particularly described as follows:
Beginning at the northeasterly corner of a 1 story brick building located at the intersection of the southerly right-of-way line of Locust Street (33 feet in width) and the westerly right-of-way line of Third Street (82.5 feet in width), said corner also being the northeasterly corner of Inlot 501 of said plats;
Thence South 89°53'32" East, through the right-of-way of Third Street, on the southerly right-of-way line of Locust Street extended, a distance of 13.44 feet to a drill hole set on the face of the westerly curb line of Third Street;
Thence continuing through said right-of-way and along said curb line the following courses:
1. With the arc of a curve to the right, having a radius of 12.50 feet, a central angle of 28°55'53", and arc length of 6.31 feet, the chord of which bears South 14°32'11" East, a chord distance of 6.25 feet to an drill hole set;
2. South 00°04'15" East, a distance of 179.18 feet to an drill hole set;
3. North 89°19'21" West, a distance of 15.00 feet to a point in the westerly right-of-way line of third Street and being located in the easterly face of a 6 story brick building;
Thence North 00°04'15" West, along said westerly right-of-way line and said easterly face, a distance of 185.07 feet to the place of beginning and containing 0.064 acre of land.
Bearings herein are based on an assumed bearing of North 00°04'15" West, for Third Street and are used to determine angular measurements only.
This description was prepared by M·E Companies, Inc., based on information obtained from actual field surveys.
M·E Companies, Inc.
David L. Chiesa, P.S., Registered Surveyor No. 7740
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 a retaining wall maintenance 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 the long term maintenance and/or repair of the adjacent retaining walls supporting the Third Street Viaduct.
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 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 6. That 78 Chestnut Street LLC is hereby authorized to transform the adjacent asphalt street (which is a dead-end alley) into a public pedestrian walkway.
Section 7. That the Director of the Public Service Department be and is hereby authorized to execute a maintenance agreement assigning the long term maintenance responsibilities for said public pedestrian walkway area to 78 Chestnut Street LLC.
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.