Explanation
Background: The City of Columbus is owner of certain real property located in the vicinity of the southwest corner of East 11th Avenue and Cleveland Avenue and used for a police substation. The property was acquired in the late 1990's by the City as part of its "Four Corners Project." The Crosstown Building, LLC, ("Crosstown") is the owner of property abutting on the north of the City's property and is known as the "Crosstown Building". Crosstown has discovered that portions of their "Crosstown Building" are presently encroaching upon City property. Crosstown also assumed that it had recorded easements from the City for its patio, driveway and parking areas. However, a title search indicated that there are no easements of record. In order to sell the property, Crosstown requests that the City grant easements for these areas. The Department of Development is recommending the easement be granted as soon as possible at no charge.
Fiscal Impact: N/A
Emergency Justification: Crosstown desires to sell its "Crosstown Building "as soon as possible. Emergency action is requested by the Department of Development, in order not to delay the sale.
Title
To authorize the Director of Development to execute those documents necessary to grant easements on, over and through City owned property to Crosstown Building, LLC, for access, parking, restaurant patio use and building encroachments for the benefit of the Crosstown Building property located at 1393 Cleveland Avenue and to declare an emergency.
Body
WHEREAS, the City of Columbus is owner of certain real property, the "City Property", located in the vicinity of the southwest corner of East 11th Avenue and Cleveland Avenue being Lots 160 and 161 in Abram Dow's Amended Plat of Centennial Park, (PB 4, Pg. 313); and
WHEREAS, the Crosstown Building, LLC, is the owner of the property known as the "Crosstown Building" located at 1393 Cleveland Avenue being Lot 159 in Abram Dow's Amended Plat of Centennial Park; and
WHEREAS, it has been discovered that portions of the "Crosstown Building" are presently encroaching upon City Property and that the building needs an ingress/egress for a driveway right to parking and the right to use a portion of City Property for a restaurant patio; and
WHEREAS, Crosstown Building, LLC request that the City grant these easements in order to sell the property; and
WHEREAS, it has been determined by the Department of Development to be in the best interest of the City to grant those easements to Crosstown Building, LLC at no charge; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, in that it is necessary to immediately authorize the Director of the Department of Public Utilities, to execute those documents necessary to grant Crosstown Building, LLC, easements across City Property for the immediate 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 Department of Development be and hereby is authorized to execute those documents, as prepared by the Department of Law, Real Estate Division, necessary to grant Crosstown Building, LLC easements on City Property as described and for the purposes indicated:
Driveway Easement - 2941 Square Feet
Situated in the State of Ohio, County, of Franklin, City of Columbus, being part of Lots 160 and 161 in Abram Dow's Amended Plat of Centennial Park the same as numbered and delineated upon the record plat of record in Plat Book 4, Page 313, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office unless otherwise noted); being part of Tract 1 and part of Tract 2 conveyed to The City of Columbus of record in Instrument Number 199707080173538, and being more particularly described as follows:
Commencing at the northwest corner of said Lot 160, the southwest corner of Lot 159 in said Centennial Park, the northwest corner of said Tract 1 and in the east line of a 20 foot Alley;
Thence, along part of the west line of said Lot 160, part of the west line of said Tract 1, and along the east line of said 20 foot Alley, South 21.00 feet to THE TRUE POINT OF BEGINNING of this description:
Thence, across said Lot 160, Tract 1, Lot161 and Tract 2 the following three (3) courses:
1.) South 89°57'18" East, 147.07 feet to a point;
2.) South 00°02'42" West, 20.00 feet to a point;
3.) North 89°57'18" West, 147.06 feet to a point in the west line of said Lot 161,
the west line of said Tract 2 and in the east line of said 20 foot Alley;
Thence, along part of the west line of said Lot 161, part of the west line of said Lot 160, part of the west line of said Tract 2, part of the west line of said Tract 1, and along the east line of said 20 foot Alley, North, 20.00 feet to the place of beginning CONTAINING 2,941 Square Feet (0.068 Acres).
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc. in November 2008. Basis of bearings is the east line of said 20 foot Alley ASSUMED NORTH.
Parking and Patio Easement - 4272 Square Feet
Situated in the State of Ohio, County, of Franklin, City of Columbus, being part of Lots 160 and 161 in Abram Dow's Amended Plat of Centennial Park the same as numbered and delineated upon the record plat of record in Plat Book 4, Page 313, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office unless otherwise noted); being part of Tract 1 and part of Tract 2 conveyed to The City of Columbus of record in Instrument Number 199707080173538, and being more particularly described as follows:
Beginning at the northwest corner of said Lot 160, the southwest corner of Lot 159 in said Centennial Park, the northwest corner of said Tract 1 and in the east line of a 20 foot Alley;
Thence, along part of the north line of said Lot 160, part of the south line of said Lot 159, and the north line of said Tract 1, South 89°57'18" E, 189.22 feet to a point in the west line of Cleveland Avenue;
Thence, across said Lot 160 and said Tract 1, South 21°44'45" West, 15.69 feet to a point in the east line of said Lot 160, the east line of said Tract 1, and in the west line of said Cleveland Avenue;
Thence, along part of the east line of said Lot 160, part of the east line of said Lot 161, part of the east lines of said Tract 1 and Tract 2, and along the west line of said Cleveland Avenue, South 35°59'00" West, 26.28 feet to a point;
Thence, across said Lot 160, Lot 160, Tract 1 and Tract 2 the following three (3) courses:
1.) South 89°38'16" West, 20.91 feet to a point;
2.) North 00°02'42" East, 15.00 feet to a point;
3.) North 89°57'18" West, 147.07 feet to a point in the west line of said
Lot 160, the west line of said Tract 1 and the east line of said 20 foot Alley;
Thence, along part of the west line of said Lot 160, part of the west line of said Tract 1, and along the east line of said 20 foot Alley, North 21.00 feet to the place of beginning CONTAINING 4,272 Square Feet (0.098 Acres).
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc. in November 2008. Basis of bearings is the east line of said 20 foot Alley ASSUMED NORTH.
Section 2. That the Director is authorized to execute such encroachment easements as may be necessary to recognize and permit minor encroachments onto City Property by the existing building and appurtenances.
Section 3. 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.