Explanation
1. Background:
In 1990, as a part of the redevelopment of the former St. Ann Hospital site located at 1555 Bryden Road into a senior citizen assisted living facility, a request was made to transfer a portion of the 20 foot north/south alley between Bryden Road and Rich Street; a portion of the 18 foot east/west alley south of Bryden road; and a portion of Tiffin Street north of Rich Street. Research was conducted and the request for transfer was granted. Ordinance No. 3170-90 authorized the transfer of above mentioned parcels of rights-of-way but no deed of transfer was ever recorded with the Franklin County Recorder's Office. Bryden House Limited Partnership, current owners of the site in question, has requested the City complete the transfer of the above mentioned rights-of-way. This legislation is to authorize the Director of the Public Service Department to execute those documents required to complete the transfer of the above mentioned rights-of-way to Bryden House Limited Partnership.
After further investigation by Division of Planning and Operations staff, it has been determined that subject to the retention of a general utility easement, transfer of the requested portions of rights-of-way will not adversely impact the City.
2. FISCAL IMPACT:
N/A
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing the Bryden House Limited Partnership to resolve any title issues without further delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer a portion of the 20 foot north/south alley between Bryden Road and Rich Street; a portion of the 18 foot east/west alley south of Bryden road; and a portion of Tiffin Street north of Rich Street; and to declare an emergency.
Body
WHEREAS, in 1990, as a part of the redevelopment of the former St. Ann Hospital site located at 1555 Bryden Road, into a senior citizen assisted living facility, a request was made to transfer a portion of the 20 foot north/south alley between Bryden Road and Rich Street; a portion of the 18 foot east/west alley south of Bryden road; and a portion of Tiffin Street north of Rich Street; and
WHEREAS, Ordinance No. 3170-90 authorized the transfer of above mentioned parcels of rights-of-way; and
WHEREAS, the deed which would have transferred these rights-of-way was never recorded with the Franklin County Recorder's Office; and
WHEREAS, the City has received a request from Bryden House Limited Partnership to complete the transfer; and
WHEREAS, after investigation by Division Planning and Operations staff it has been determined that, subject to the retention of a general utility easement, transfer of the requested portions of rights-of-way will not adversely impact the City.; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director to execute those documents which will provide for immediate transfer of the above mentioned rights-of-way allowing Bryden House Limited Partnership to resolve any title issues 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 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 Bryden House Limited Partnership; to-wit:
0.262 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 22, Township 5, Range 22, Refugee Lands, being all of the right-of-way described in City of Columbus in Ordinance #3170-90 passed December 10, 1990, and being more particularly described as follows:
Beginning at a found 1" solid iron pin at the northwest corner of Lot 1 of Hansberger & Adelsperger's Subdivision (Plat Book 7, Page 422), being the intersection of the southerly right-of-way of Bryden Road (70 feet wide; formerly Town Street) with the easterly line of a 20 foot wide alley;
Thence, along the westerly line of said Lot 1 and easterly line of said alley, South 03° 35' 00" West, 150.00 feet to a set MAG nail at the southwest corner of said Lot 1, being the intersection of said line with the northerly right-of-way of a 16 feet wide alley;
Thence, along the southerly line of said Lot 1 and northerly line of said alley, South 88° 38' 00" East, 38.95 feet to the southeast corner of said Lot 1 (southwest corner of Lot 2 of said subdivision), passing a set MAG nail at 33.95 feet;
Thence, across said alley, South 03° 35' 00" West, 16.00 feet to a point in the southerly line of said alley, and in the northerly line of Lot 20 of said subdivision;
Thence, along part of the northerly line of said Lot 20, northerly line of Lot 21 of said subdivision and the southerly line of said alley, North 88° 38' 00" West, 38.95 feet to a set MAG nail at the northwest corner of said Lot 21 (passing a set MAG nail at 5.00 feet);
Thence, along the westerly line of said Lot 21 and the easterly line of said 20 foot alley, South 03° 35' 00" West, 95.75 feet to a found 1" solid iron pin at the southwest corner of said Lot 21, being the intersection of said line with the northerly right-of-way of Tiffin Street (25 feet wide);
Thence, along the southerly line of said Lot 21 and northerly line of said Tiffin Street, South 88° 36' 30" East, 31.80 feet to a set MAG nail at the southeast corner of said Lot 21, and the southwest corner of said Lot 20;
Thence, across said Tiffin Street, South 03° 35' 00" West, 25.00 feet to a point in the northerly line of Lot 8 of Thomas Miller's Heirs Subdivision (Plat Book 4, Page 72), and the southerly line of said Tiffin Street;
Thence, along the northerly line of said Lot 8 and said southerly line of Tiffin Street, North 88° 36' 30" West, 31.80 feet to a MAG nail set at the northwest corner of said Lot 8 (passing a set iron pipe at 7.00 feet);
Thence, along the westerly line of said Lot 8 and the easterly line of an 18 foot wide alley (the easterly line of said 18 foot alley also being the easterly line of a 10 foot wide alley dedicated in said Plat Book 4, Page 72), South 03° 35' 00" West, 150.00 feet to an iron pipe set at the southwest corner of said Lot 8, being the intersection of said line with the northerly right-of-way line of Rich Street (60 feet wide);
Thence, along the northerly line of said Rich Street extended westerly and the southerly terminus of said 18 alley, North 88 ° 34'53" West, 18.01 feet to a set iron pipe in the easterly line of Parcel 12 of Lyamn W. Rose Heir's Parcel Plat (Auditor's Plat Book 5, Page 275);
Thence, along the easterly line of Parcels 12, 13, 14, 15 and 16 of said Rose Parcels, and westerly line of said 18 foot alley, North 03° 35' 00" East, 158.94 feet to a set MAG nail at the northeast corner of said Parcel 16;
Thence, along the northerly line of said Parcel 16 and the southerly line of a sixteen foot wide alley (Plat Book 4, Page 49 and Deed Book 520, Page 196), North 88° 43' 40" West, 100.98 feet to a set MAG nail at the northwest corner of said Parcel 16;
Thence, across said alley, North 03° 35' 28" East, 16.01 feet a MAG nail set in the northerly line of said alley, and the south line of Lot 9 of A.A. Vogel's Subdivision (Plat Book 4, Page 49);
Thence, along the southerly line of said Lot 9 and northerly line of said alley, South 88° 43' 40" East, 98.98 feet to a MAG nail set at the southeast corner of said Lot 9;
Thence, along the easterly line of said Lot 9, easterly line of Lot 8 and 7 of said subdivision, easterly terminus of a 15.75 foot wide alley vacated by City of Columbus Ordinance #23254, easterly line of Lot 6 of said subdivision, and the westerly line of said 20 foot alley, North 03° 35' 00" East, 261.78 feet to a point at the northeast corner of said Lot 6, being the intersection of said line with the southerly line of said Bryden Road, references by a found solid iron pin in stone post bearing North 88° 39' 41" West, 0.13 feet;
Thence, along the northerly terminus of said 20 foot alley, South 88° 39' 41" East, 20.01 feet to the place of beginning CONTAINING 0.262 ACRES (11,418 square feet).
The foregoing description was prepared from an actual field survey made by Albert J.
Myers in October 2011. Iron pipes set are 30" x I" (O.D.) with a plastic cap inscribed "P.S. 6579". Bearing are based on the westerly line of Hansberger & Adelsperger's Subdivision assumed as South 03° 35' 00" West. All references to records are on file in the offices of the Franklin County Recorder, Auditor and Engineer.
SECTION 2. 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 329.29 with regards to the transfer of this right of way.
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 a recommendation from Land Review Commission and hereby waives the Land Review Commission provisions of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this right of way.
SECTION 4. 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.