Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, received a request from State Automobile Mutual Insurance Company asking that the City sell the right-of-way identified as the north-south alley, east of Washington Avenue, between East Broad and Capital Streets. Transfer of this right-of-way will allow for the construction of improved parking facilities. Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that the City will not be adversely affected by the transfer of this right-of-way. The Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $56,250.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to State Automobile Mutual Insurance Company for $56,250.00.
2. FISCAL IMPACT
The City will receive a total of $56,250.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
3. EMERGENCY JUSTIFICATION
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing State Automobile Mutual Insurance Company to complete their transfer and allow State Automobile Mutual Insurance Company to proceed with construction plans without further delay in order to avoid incurring additional costs that would place strain on the project budget.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer the north-south alley, east of Washington Avenue, between East Broad and Capital Streets, to State Automobile Mutual Insurance Company; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from State Automobile Mutual Insurance Company, asking that the City transfer the north-south alley, east of Washington Avenue, between East Broad and Capital Streets, to them; and
WHEREAS, acquisition of the right-of-way will allow State Automobile Mutual Insurance Company to construct improved parking facilities on property that is currently owned by State Automobile Mutual Insurance Company; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities and applicable area commissions, before it was determined that the City will not be adversely affected by the transfer of this right-of-way to State Automobile Mutual Insurance Company; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $56,250.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to State Automobile Mutual Insurance Company for the amount of $56,250.00; and now therefore
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to execute those documents which will provide for immediate transfer of the north-south alley, east of Washington Avenue, between East Broad and Capital Streets to State Automobile Mutual Insurance Company, thereby allowing proposed construction to proceed 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 Department of Public Service 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 State Automobile Mutual Insurance Company; to-wit:
Situated in the State of Ohio, County of Franklin, City Of Columbus, being all in a 15 wide alley as shown on Danforth E. Ball's Heirs Subdivision of Outlot 65 and the north part of Outlot 64 as the same is numbered and delineated upon the record plat of record in Plat Book 1, Page 334, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a MAG nail set at the northeast corner of Lot 4 of said Subdivision and at the intersection of the south Right of Way line of East Broad Street (120 feet wide) with the west Right of Way line of said Alley;
Thence, across said Alley, North 89º 56' 04" East, 15.00 feet to an iron pipe set at the northwest corner of Lot 5 of said Subdivision and at the intersection of the south Right of Way line of said East Broad Street and the east Right of Way of said Alley;
Thence, along the east Right of Way line of said Alley and the west line of said Lot 5, SOUTH, 187.50 feet to a MAG nail set at the southwest corner of said Lot 5 and at the intersection of the north Right of Way line of East Capital Street (30 feet wide; formerly Centre Alley);
Thence, across said Alley, South 89º 56' 04" West, 15.00 feet to a point at the southeast corner of said Lot 4 and the intersection of the north Right of Way line of said East Capital Street with the west Right of Way line of said Alley (passing the face of a two story block building at 14.88 feet);
Thence, along the west Right of Way line of said Alley and the east line of said Lot 4 NORTH, 187.50 feet to the place of beginning CONTAINING 0.065 ACRES. Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The foregoing description was prepared from actual field measurements in accordance with Chapter 4733-37 Ohio Administrative Code by Joseph P. Myers, Registered Professional Surveyor Number 7361, in January 2010. Basis of bearings is the west line of said 15 foot wide Alley assumed as NORTH.
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 the $56,250.00 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 748, Project 537650.
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.