Explanation
Background: The City of Columbus, Ohio, ("City") is owner of certain real property located in the vicinity of East First Avenue and Sixth Street. 350 East First Avenue, Ltd., ("Company"), an Ohio limited liability company, is the owner of certain real property that lies adjacent to the aforementioned City parcel. The "City" and the "Company" desire to obtain certain easement rights from each other in order to better utilize their respective real properties. Both parties agree to grant the other certain ingress and egress access easement rights, subject to the grantor's paramount right of access and use of the subject properties. It has been determined by the Department of Public Utilities that the proposed granting of cross-easements will benefit the City and will have no adverse affect on the City, and therefore should be granted in return for the cross-easements and other considerations. This legislation authorizes the Director of the Department of Public Utilities to execute those instruments necessary for the cross granting of easements.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the improved access to the City's real property nor the benefit of the anticipated parking areas created by the subject easements.
Title
To authorize the Director of the Department of Public Utilities to execute a "Cross Easement" necessary for the City and 350 East First Avenue, Ltd., an Ohio limited liability company, to grant to one another certain easement rights across their adjacent real properties located in the vicinity of East First Avenue and Sixth Street, in order to better utilize their respective real properties, and to the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised, and to declare an emergency.
Body
WHEREAS, the City of Columbus, Ohio, ("City") is owner of certain real property located in the vicinity of East First Avenue and Sixth Street; and
WHEREAS, 350 East First Avenue, Ltd., ("Company"), an Ohio limited liability company is the owner of certain real property adjacent to the City's parcel; and; and
WHEREAS, the "City" and the "Company" desire to obtain certain easement rights from each other in order to better utilize their respective real properties; and
WHEREAS, both parties agree to grant the other certain ingress and egress access easement rights in and to the properties, subject to the grantor's paramount right of access and use; and
WHEREAS, it has been determined by the Department of Public Utilities that the proposed granting of cross-easements will benefit the City and will have no adverse affect the City, and therefore should be granted in return for the cross-easements and other considerations; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Department of Public Utilities to execute a "Cross Easement" necessary for the City, and 350 East First Avenue, Ltd., to grant to one another certain easements right across their adjacent real properties located in the vicinity of East First Avenue and Sixth Street, in order to better utilize their respective real properties for the immediate preservation of the public peace, property, health and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to grant certain ingress/egress access easement rights to 350 East First Avenue, Ltd., ("Company"), an Ohio limited liability company, across the following described real property:
Area "B"
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 4, Township 5, Range 22, Refugee Lands, and being part of the 1.322 acre tract conveyed to 350 East First Avenue, Ltd. in Instrument Number 200009050178043 and 200009050178047 and part of the 0.669 acre tract conveyed to the City of Columbus in Instrument Number 200303140075524, all records being of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point at the southeast corner of said 1.322 acre tract and in the west line of said 0.669 acre tract, at the northeast corner of East First Avenue, 60 feet wide, as delineated in Plat Book 5, Page 446;
Thence, along the part of the south line of said 1.322 acre tract and part of the north line of East First Avenue, N 86º 34' 53" W, 13.13 feet to a point;
Thence, across part of said 1.322 acre tract and along the east wall line of a two-story brick building, N 03º 43' 41" E, 70.90 feet to a point;
Thence, across part of said 1.322 acre tract and part of said 0.669 acre tract, S 86º 16' 19" E, 26.62 feet to a point;
Thence, across part of said 0.669 acre tract, S 00º 52' 58" W, 70.82 feet to a point;
Thence, across part of said 0.669 acre tract, N 86º 34' 53" W, 17.00 feet to the Point Of Beginning, containing 0.046 acres.
Area "C"
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 4, Township 5, Range 22, Refugee Lands, and being part of the 0.669 acre tract conveyed to the City of Columbus in Instrument Number 200303140075524, all records being of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a point at the southeast corner of a 1.322 acre tract conveyed to 350 East First Avenue, Ltd. in Instrument Numbers 200009050178043 and 200009050178047 and in the west line of said 0.669 acre tract;
Thence, along part of the east line of said 1.322 acre tract and part of the west line of said 0.669 acre tract, N 00º 52' 58" E, 70.91 feet to the True Point Of Beginning of the area herein intended to be described;
Thence, continuing along part of the east line of said 1.322 acre tract and part of the west line of said 0.669 acre tract, N 00º 52' 58" E, 219.37 feet to a point at the northeast corner of said 1.322 acre tract;
Thence, across part of said 0.669 acre tract, S 86º 34' 53" E, 17.00 feet to a point;
Thence, across part of said 0.669 acre tract, S 00º 52' 58" W, 219.46 feet to a point;
Thence, across part of said 0.669 acre tract, N 86º 16' 19" W, 17.00 feet to the True Point Of Beginning, containing 0.086 acres.
Franklin County Tax Parcel Number 010-266052.
Prior Instrument Reference: Instrument Number 200303140075524,
Recorder's Office, Franklin County, Ohio.
Section 2. That the Director of the Department of Public Utilities be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to accept a "Cross Easement" from 350 East First Avenue, Ltd., ("Company"), an Ohio limited liability company for the following describe real property:
Area "B"
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 4, Township 5, Range 22, Refugee Lands, and being part of the 1.322 acre tract conveyed to 350 East First Avenue, Ltd. in Instrument Number 200009050178043 and 200009050178047 and part of the 0.669 acre tract conveyed to the City of Columbus in Instrument Number 200303140075524, all records being of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a point at the southeast corner of said 1.322 acre tract and in the west line of said 0.669 acre tract, at the northeast corner of East First Avenue, 60 feet wide, as delineated in Plat Book 5, Page 446;
Thence, along the part of the south line of said 1.322 acre tract and part of the north line of East First Avenue, N 86º 34' 53" W, 13.13 feet to a point;
Thence, across part of said 1.322 acre tract and along the east wall line of a two-story brick building, N 03º 43' 41" E, 70.90 feet to a point;
Thence, across part of said 1.322 acre tract and part of said 0.669 acre tract, S 86º 16' 19" E, 26.62 feet to a point;
Thence, across part of said 0.669 acre tract, S 00º 52' 58" W, 70.82 feet to a point;
Thence, across part of said 0.669 acre tract, N 86º 34' 53" W, 17.00 feet to the Point Of Beginning, containing 0.046 acres.
Area "D"
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 4, Township 5, Range 22, Refugee Lands, and being part of the 1.322 acre tract conveyed to 350 East First Avenue, Ltd. in Instrument Numbers 200009050178043 and 200009050178047, all records being of the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Commencing at a point at the southeast corner of said 1.322 acre tract and in the west line of a 0.669 acre tract conveyed to the City of Columbus in Instrument Number 200303140075524;
Thence, along part of the east line of said 1.322 acre tract and part of the west line of said 0.669 acre tract, N 00º 52' 58" E, 70.91 feet to the True Point Of Beginning of the area herein intended to be described;
Thence, across said 1.322 acre tract and along the east wall line of a two-story brick building, the following six courses:
1. N 86º 16' 19" W, 43.11 feet to a point;
2. N 03º 43' 41" E, 90.80 feet to a point;
3. S 86º 16' 19" E, 4.40 feet to a point;
4. N 03º 43' 41" E, 24.80 feet to a point;
5. N 86º 16' 19" W, 4.40 feet to a point;
6. N 03º 43' 41" E, 103.32 feet to a point in the north line of said 1.322 acre tract;
Thence, along part of the north line of said 1.322 acre tract, S 86º 34' 53" E, 32.22 feet to a point at the northeast corner of said 1.322 acre tract and in the west line of said 0.669 acre tract;
Thence, along part of the east line of said 1.322 acre tract and part of the west line of said 0.669 acre tract, S 00º 52' 58" W, 219.37 feet to the True Point Of Beginning, containing 0.187 acres.
Franklin County Tax Parcel Number 010-003141,
Prior Instrument Re: Inst Nos. 200009050178043 and 200009050178047,
Recorder's Office, Franklin County, Ohio
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
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 its passage if the Mayor neither approves nor vetoes the same.