Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Nationwide Children's Hospital asking that the City sell a portion of the right-of-way identified as the north-south alley known as May Alley between Livingston Avenue and Denton Street. Transfer of this right-of-way will allow for the development of property adjacent to the above named right-of-way, currently owned by Nationwide Children's Hospital.
Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of this right-of-way.
Then 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 $9,180.00 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 Nationwide Children's Hospital for $9180.00.
2. FISCAL IMPACT:
The City will receive a total of $9,180.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
3. EMERGENCY DESIGNATION:
Emergency action is requested to allow this transfer to occur as soon as possible, thereby allowing Nationwide Children's Hospital to complete their transfer and allow Nationwide Children's Hospital 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 a portion of the north-south alley known as May Alley, between Livingston Avenue and Denton Street to Nationwide Children's Hospital; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Nationwide Children's Hospital, asking that the City transfer a portion of the north-south alley known as May Alley between Livingston Avenue and Denton Street, to them; and
WHEREAS, acquisition of the right-of-way will allow Nationwide Children's Hospital to redevelop property that is currently owned by Nationwide Children's Hospital; 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, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of this right-of-way to Nationwide Children's Hospital; 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 $9,180.00 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 Nationwide Children's Hospital for the amount of $9,180.00; and
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 the immediate transfer of a portion of the north-south alley known as May Alley between Livingston Avenue and Denton Street to Nationwide Children's Hospital, 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 Nationwide Children's Hospital; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus. Being all of a 20 foot wide alley as shown on the plat of THEODORE H. BUTLER'S AMENDED SUBDIVISION of George W. Heyl's Outlots Nos. 1, 2, 3, 7, 9 and 11 Addition to the City of Columbus, made by Francis Collins, Master Commissioner, in the case of Alfred Thomas versus Lewis Heyl, et al, Franklin County Court of Common Pleas, recorded in Plat Book 1, Page 277, said AMENDED SUBDIVISION recorded in Plat Book 4, Pages 242 and 243. Said alley currently referred to as May Alley, being more particularly described as follows:
Commencing at an iron pipe set at the northeast corner of Lot 3 of Theodore H. Butler's Amended Subdivision, being at the intersection of the southerly right-of-way line of Livingston Avenue and the westerly right-of-way line of said May Alley, also being the northeast corner of Parcel 6 of Official Record 29123 A01 conveyed to The Children's Hospital;
Thence South 62° 32' 34" East along the northerly limits of May Alley, the projection easterly of the southerly right-of-way line of Livingston Avenue for a distance of 20.00 feet to an iron pipe set at the northwest corner of Lot 4 of said Amended Subdivision, being the northwest corner of that parcel conveyed to Nationwide Children's Hospital, Instrument Number 200802120021856.
Thence South 27° 24' 51" West along the easterly right-of-way line of May Alley, the westerly line of Lot 4, for a distance of 150.00 feet to an iron pipe set at the intersection of the north right-of-way line of Denton Alley, the southwest corner of Lot 4;
Thence North 62° 32' 34" West along the southerly limits of May Alley, the projection westerly of the northerly right-of-way line of Denton Alley, for a distance of 20.00 feet to an iron pipe set at the intersection of the westerly right-of-way line of May Alley, the southeast corner of Lot 3;
Thence North 270 24' "51East along the west right-of-way line of May Alley, the easterly line of Lot 3, for a distance of 150.00 feet to THE POINT OF BEGINNING.
Containing 0.069 acre, more or less. Together with and subject to covenants, easements, and restrictions of record.
All iron pipes set are 3/4" inside diameter iron pipe being 30 inches in length with a 1" yellow plastic cap inscribed "Sands Decker".
Bearings are based on the southerly right-of-way line of Livingston Avenue as South 620 32' 34" East as shown on Sheet 400 of 408 of the City of Columbus, Ohio, Department of Public Service Transportation Division plans of FRA-Parsons/Livingston Improvements, PID #86311, Part 1 - Roadway, 2637 DR. E.
This description is based upon actual field surveys performed during March and June 2011 by Sands Decker CPS LLC,.
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 a general utility easement in, on, over, across and through the above described right-of-way shall be and hereby is retained unto the City of Columbus for those utilities 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 area the Director of the Department of Public Service 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 the $9180.00 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 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.