Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Jeffrey L. Brown, on behalf of Edwards Companies and Gay Street Condominiums, LLC ("the Developer") asking that the City transfer a 7 ½ ± foot wide strip of right-of-way along the east line of Fourth Street from Gay Street to a point 75 feet ± north thereof, a 6 foot wide strip of right-of-way along the north line of Gay Street from Fourth Street to Fifth Street and all of Young Street from the north right-of-way line of Gay Street to the south right-of-way line of Elm Street to them. The Developer is redeveloping that area bounded by Fourth Street, Gay Street, Grant Avenue and Long Street into a multi unit residential condominium development. Sale of these rights of way will allow for construction of the proposed residential units and ancillary off street parking. 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 these rights-of-way, subject to the retention of a general utility easement for those utilities currently located within the Young Street right-of-way. The Department of Law, Real Estate Division, established a value of $133,424.80 for these rights-of-way. In recognition of the substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project, in recognition of the value of future land donations or other services being made to the City by the developer and in recognition of the significant improvement this development will make to the neighborhood the Land Review Commission voted to recommend that these rights-of-way be transferred to Gay Street Condominiums, LLC at no charge.
Emergency Justification: Emergency action is requested so that these rights-of-way can be transferred, building permits can be issued and redevelopment of this area can begin without delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer a 7 ½ ± foot wide strip of right-of-way along the east line of Fourth Street from Gay Street to a point 75 feet ± north thereof, a 6 foot wide strip of right-of-way along the north line of Gay Street from Fourth Street to Fifth Street and all of Young Street from the north right-of-way line of Gay Street to the south right-of-way line of Elm Street to Gay Street Condominiums, LLC at no charge as recommended by the Land Review Commission; 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 Jeffery L. Brown on behalf of Edwards Companies and Gay Street condominiums, LLC, ("the Developer") asking that the City transfer a 7 ½ ± foot wide strip of right-of-way along the east line of Fourth Street from Gay Street to a point 75 feet ± north thereof, a 6 foot wide strip of right-of-way along the north line of Gay Street from Fourth Street to Fifth Street and all of Young Street from the north right-of-way line of Gay Street to the south right-of-way line of Elm Street to them; and
WHEREAS, the Developer is redeveloping that area bounded by Fourth Street, Gay Street, Grant Avenue and Long Street into a multi unit residential condominium development; and
WHEREAS, sale of these rights of way will allow for construction of the proposed residential units and ancillary off street parking; 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 these rights-of-way, subject to the retention of a general utility easement for those utilities currently located within Young Street; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $133,424.80 for these rights-of-way; and
WHEREAS, the Land Review Commission voted to recommend that these rights-of-way be transferred to Gay Street Condominiums, LLC at no charge in recognition of the substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project, in recognition of the value of future land donations or other services being made to the City by the developer and in recognition of the significant improvement this development will make to the neighborhood; 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 immediately transfer these rights-of-way to Gay Street Condominiums, LLC so that building permits can be obtained and redevelopment of this site can begin without delay 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 rights-of-way to Gay Street Condominiums, LLC; to-wit:
0.024 ACRE TRACT STRIP 1
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and being 0.024 acres out of the existing right-of-way of Fourth Street and Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the northwesterly corner of Lot 26 of Deshler's Addition a subdivision of record in Deed Book 34, Page 1 and being the southerly right-of-way of Elm Street;
Thence South 08° 07' 09" East, a distance of 124.00 feet, along the existing easterly right-of-way line of Fourth Street, the westerly line of Lots 26, 25, 24 and 23 of Deshler's Addition, a subdivision of record in Deed Book, 34, Page 1, to a PK nail set at the TRUE POINT OF BEGINNING;
Thence South 08° 07' 09" East, a distance of 68.00 feet, continuing along the existing easterly right-of-way line of Fourth Street and the westerly line of Lots 22 and 23 of L. Humphrey Subdivision, a subdivision of record in Plat Book 1, Page 30, to a PK nail set at the southwesterly corner of said Lot 21, being the intersection of the northerly right-of-way line of Gay Street and the easterly right-of-way line of Fourth Street;
Thence North 81° 44' 46" East, a distance of 84.33 feet, along the northerly right-of-way line of Gay Street to a PK nail set;
Thence the following four (4) courses and distances across the existing rights-of-way of Gay Street and Fourth Street;
1. South 08° 15' 14" East, a distance of 6.00 feet; to a PK nail set;
2. South 81° 44' 46" West, a distance of 91.33 feet, to a PK nail set;
3. North 08° 15' 14" West, a distance of 74.02 feet, to a PK nail set;
4. North 81° 52' 51" East, a distance of 7.16 feet to the TRUE POINT OF BEGINNING, containing 0.024 acre, more or less.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. ZANDE".
Bearings are based on the bearing of North 81° 44' 46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
0.012 ACRE TRACT STRIP 2
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and being 0.012 acres out of the existing right-of-way of Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the northwesterly corner of Lot 26 of Deshler's Addition a subdivision of record in Deed Book 34, Page 1 and being the southerly right-of-way of Elm Street;
Thence South 08° 07' 09" East, a distance of 192.00 feet, along the existing easterly right-of-way line of Fourth Street, Lots 26, 25, 24 and 23 of Deshler's Addition, a subdivision of record in Deed Book, 34, Page 1, and Lots 22 and 21 of L. Humphrey Subdivision, a subdivision of record in Book 1, Page 30, to PK nail set on the existing northerly right-of-way line of Gay Street;
Thence North 81° 44' 46" East, a distance of 107.33 feet, along the southerly line of Lots 21 and 4, and the existing northerly right-of-way line of Gay Street to the TRUE POINT OF BEGINNING;
Thence North 81° 44' 46" East, a distance of 90.00 feet, along the northerly right-of-way line of Gay Street, to a PK nail set in existing right-of-way of Young Street;
Thence the following three (3) courses and distances across the existing right-of-way of Gay Street;
1. South 08° 15' 14" East, a distance of 6.00 feet, to a PK nail set;
2. South 81° 44' 46" West, a distance of 90.00 feet, to a PK nail set;
3. North 08° 15' 14" West, a distance of 6.00 feet, to the TRUE POINT OF BEGINNING, containing 0.012 acres, more or less.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. ZANDE".
Bearings are based on the bearing of North 81° 44' 46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
0.012 ACRE TRACT STRIP 3
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and being 0.012 acres out of the existing right-of-way of Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at the southwesterly corner of Lot 41 of Deshler's Addition, a subdivision of record in Deed Book 34, Page 1;
Thence North 81° 44' 46" East, a distance of 36.33 feet, along the existing northerly right-of-way line of Gay Street to the TRUE POINT OF BEGINNING;
Thence North 81° 44' 46" East, a distance of 90.00 feet, continuing along the existing northerly right-of-way line of Gay Street to a PK nail set;
Thence the following three (3) courses and distances across the existing right-of-way of Gay Street;
1. South 08° 15' 14" East, a distance of 6.00 feet, to a PK nail set;
2. South 81° 44' 46" West, a distance of 90.00 feet, to a PK nail set;
3. North 08° 15' 14" West, a distance of 6.00 feet, to the TRUE POINT OF BEGINNING, containing 0.012 acres, more or less.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. ZANDE".
Bearings are based on the bearing of North 81° 44' 46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
0.013 ACRE TRACT STRIP 4
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and being 0.013 acre out of the existing right-of-way of Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the southeasterly corner of Lot 48 of Deshler's Addition, a subdivision of record in Deed Book 34, Page 1;
Thence the following three (3) courses and distances across the existing right-of-way of Gay Street;
1. South 08° 15' 14' East, a distance of 6.00 feet, to a PK nail set;
2. South 81° 44' 46" West, a distance of 92.91 feet, to a PK nail set;
3. North 08° 15' 14" West, a distance of 6.00 feet, to a PK nail set on the existing northerly right-of-way line of Gay Street;
Thence North 81° 44' 46" East, a distance of 92.91 feet, along the existing right-of-way line of Gay Street to the POINT OF BEGINNING, containing 0.013 acre, more or less.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. ZANDE".
Bearings are based on the bearing of North 81° 44' 46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
YOUNG STREET BETWEEN GAY STREET AND ELM STREET
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and being 0.110 acre lying within the limits of Young Street between Gay Street and Elm Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at a PK Nail set at the southwesterly corner of Lot 41 of Deshler's Addition, a subdivision of record in Deed Book 34, Page 1;
Thence South 81° 44' 46" West, a distance of 25.00 feet, across Young Street (25 feet in width) to a PK nail set at the intersection of the northerly right-of-way line of Gay Street and the westerly right-of-way of Young Street;
Thence North 08° 07' 09" West, a distance of 192.00 feet, along the existing westerly right-of-way of Young Street to a PK nail set at the intersection of said westerly right-of-way of Young Street and the southerly right-of-way of Elm Street;
Thence North 81° 44' 37" East, a distance of 25.00 feet, across Young Street to a PK nail set at the intersection of the easterly right-of-way line of Young Street and the southerly right-of-way line of Elm Street;
Thence South 08° 07' 09" East, a distance of 192.00 feet, along the existing easterly right-of-way line of Young Street to the POINT OF BEGINNING; containing 0.110 acre, more or less.
All iron pins set are 3/4 inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D. ZANDE".
Bearings are based on the bearing of North 81° 44' 46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
R.D. Zande & Associates, Inc.
Robert J. Sands P.S.
Professional Surveyor No. S-8053
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 a general utility easement in, on, over, across and through the above described Young Street 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 upon notification and verification of the relocation of all utilities located within the retained general utility easement the Director of the Public Service Department 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 this Council has determined it is in the best interest of the City of Columbus to allow these rights-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 these rights-of-way.
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.