Explanation
Nationwide Arena LLC ("Nationwide") is developing a portion of the former Ohio Penitentiary Site ("Pen Site") with a proposed office building located at 325 John H. McConnell Boulevard, a structured parking facility at 300 Neil Avenue, and an ophthalmology outpatient surgery center at 262 Neil Avenue, and the location of 200 jobs in the Arena District. Nationwide contacted the City and presented a proposal that would allow Nationwide to expedite the development of this site. The center will be owned by a group of 30 doctors. The facility would be approximately 90,000 square feet, with 30,000 square feet dedicated to the surgery center and 60,000 square feet to the doctors' offices. The facility would be operated/managed by Aspen Health, and would house approximately 200 employees, approximately 40 of which would be new employees in the City of Columbus. Under the proposal the City would transfer approximately 12,000 square feet of excess Neil Avenue and Spring Street right-of-way, more fully described in the body of this legislation, to Nationwide and would release Nationwide from the conditions set forth in Section 11.13(D) of the Contract of Sale of the Pen Site between the City and Nationwide, authorized pursuant to Ordinance 2201-98, passed July 27, 1998 and signed August 17, 1998. In exchange for the transfer and release Nationwide would agree to make certain street improvements estimated to cost approximately $350,000 to Neil Avenue and Nationwide Boulevard solely at its expense.
Emergency action is requested so that Nationwide can begin redevelopment of the Pen Site immediately, thereby preserving the current construction schedule.
Title
To authorize the Public Service Director to execute those documents required to transfer portions Spring Street and Neil Avenue to Nationwide Arena LLC; to waive the competitive bidding and Land Review Commission provisions of Columbus City Codes and to declare an emergency.
Body
WHEREAS, Nationwide Arena LLC ("Nationwide") is developing a portion of the former Ohio Penitentiary Site with a proposed office building located at 325 John H. McConnell Boulevard, a structured parking facility at 300 Neil Avenue, and an ophthalmology outpatient surgery center at 262 Neil Avenue; and
WHEREAS, Nationwide contacted the City and presented a proposal that would allow Nationwide to expedite the development of this site; and
WHEREAS, under the proposal the City agrees to transfer approximately 12,000 square feet of excess Neil Avenue and Spring Street right-of-way, more fully described in Section 1 of this ordinance, to Nationwide and to release Nationwide from the conditions set forth in Section 11.13(D) of the Contract of Sale between the City and Nationwide, authorized pursuant to Ordinance 2201-98, passed July 27, 1998 and dated August 17, 1998; and
WHEREAS, in exchange for the above referenced transfer and release Nationwide would agree to undertake to make certain improvements to Nationwide Boulevard and Neil Avenue at its sole cost; and
WHEREAS; an emergency exists in the usual daily operation of the Transportation Division in that it is immediately necessary to authorize the Director of the Public Service Department to execute those documents necessary to transfer portions of excess Neil Avenue and Spring Street right-of-way to Nationwide so that Nationwide can begin redevelopment of the former Ohio Penitentiary Site without delay thereby preserving the current project schedule and preserving the public health, peace, property, safety and welfare; now,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Public Service Director 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 Nationwide Arena LLC; to-wit:
0.117 ACRE
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 out of the right-of-way of Neil Avenue as shown on that plat entitled "Arena District Subdivision" of record in Plat Book 90, Pages 75 and 76 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at an iron pin set marking the intersection of the existing northerly right-of-way line of Spring Street with the existing easterly right-of-way line of said Neil Avenue, being the southwesterly corner of Lot 3 of said subdivision;
Thence across said easterly right-of-way, the following courses:
North 44° 15' 27" West, a distance of 14.11 feet to an iron pin set;
North 00° 53' 05" East, a distance of 327.28 feet to an iron pin set; and
North 02° 29' 47" East, a distance of 355.57 feet to an iron pin set in the existing easterly right-of-way line of said Neil avenue, being the westerly line of said Lot 3;
Thence South 00° 53' 05" West, with said existing right-of-way line, a distance of 692.66 feet to the True Point of Beginning, and containing 0.117 acres of land, more or less.
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.
And
0.163 ACRE
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 all out of the northerly right-of-way of Spring Street as shown on that plat entitled "Arena District Subdivision" of record in Plat Book 90, Page 75 and 76 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and described as follows:
Beginning at an iron pin set at the intersection of the existing northerly right-of-way line of Spring Street with the westerly right-of-way line of John H. McConnell Boulevard, being the southeasterly corner of Lot 3 of said subdivision;
Thence across the right-of-way of said Spring Street, the following courses:
South 00° 53' 05" West, a distance of 14.94 feet to an iron pin set;
North 89° 24' 00" West, a distance of 457.96 feet to an iron pin set; and
North 44° 15' 27" West, a distance of 21.93 feet to an iron pin set marking the intersection of said existing northerly right-of-way line with the existing easterly right-of-way line of Neil Avenue, being the southwesterly corner of said Lot 3;
Thence South 89° 19' 35" East, with the existing northerly right-of-way line of said Spring Street, being the southerly line of said Lot 3, a distance of 473.50 feet to the True Point of Beginning, and containing 0.163 acre of land, more or less.
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.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Clark E. White
Registered Surveyor No. 7868
Section 2. That the above referenced real property shall be considered excess road rights-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 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 Section 329.29 of the Columbus City Codes, 1959 with regards to the transfer of this excess right-of-way.
Section 4. 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 a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Section 328.01 of the Columbus City Codes, 1959 with regards to the transfer of this excess right-of-way.
Section 5. 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.