Explanation
Background: The city of Columbus, Department of Recreation and Parks, desires to quitclaim a tract of city-owned real property, approximately 0.104 acres, located in the vicinity of West Second Avenue and Harrison Park Place, and a storm water easement unto Royal Tallow Holdings, Ltd., an Ohio limited liability company, for the purpose of facilitating the development of City's Harrison Park. In exchange, Royal Tallow Holdings, Ltd. will grant, by general warranty deed, two more desirable tracts of real property, approximately .097 and .0002 acres respectively, to the City of Columbus, which are adjacent to and/or near Harrison Park. This transaction provides greater visibility for the park along Harrison Park Place development project and increases passive supervision to help deter vandalism and other illegal activity. The Recreation and Parks Department has determined that the exchange of subject properties will not adversely affect the City and should be granted. The exchange will equally benefit both the City and Royal Tallow Holdings, Ltd., therefore no money will be involved. This legislation authorizes the Director of the Recreation and Parks Department to execute those documents necessary to the exchange desired real properties.
Fiscal Impact: N/A
Emergency Justification: Exchanging the property interests as stated herein will allow for the timely construction of the City's Harrison Park, and for the preservation of the public health, peace, property, safety, and welfare.
Title
To authorize the Director of the Department of Recreation and Parks to execute those documents necessary to convey 0.104 acres of city-owned real property, located in the vicinity of West Second Avenue and Harrison Park Place, and a storm water easement unto Royal Tallow Holdings, Ltd. for the purpose of facilitating the city's Harrison Park in exchange for a deed of similar (equitable) acreage to be granted to the City of Columbus; to waive the Land Review Commission provisions of the Columbus City Codes (1959); and to declare an emergency.
Body
WHEREAS, The City of Columbus, Department of Recreation and Parks, desires to convey by quitclaim deed a tract of approximately 0.104 acres of city-owned real property, located in the vicinity of West Second Avenue and Harrison Park Place, and a five-foot permanent non-exclusive stormwater easement along the east border of Harrison Park, unto Royal Tallow Holdings, Ltd. for the purpose of facilitating the development of the City's Harrison Park; and
WHEREAS, in exchange, Royal Tallow Holdings, Ltd., an Ohio limited liability company, will grant, by general warranty deed, more desirable tracts of 0.097 acres and .0002 acres, to the City of Columbus; and
WHEREAS, this transaction provides greater visibility for Harrison Park along Harrison Park Place, and increases passive supervision to help deter vandalism and other illegal activity, as well as creates more desirable parkland near the center of the park; and
WHEREAS, the Recreation and Parks Department has determined that the exchange of subject properties will not adversely affect the City and should be granted; and
WHEREAS, the exchange will equally benefit both the parties and therefore no money will be involved; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is necessary to authorize the Director of the Recreation and Parks Department to execute those documents necessary to exchange the property interests as stated herein thereby allowing the timely construction of the City's Harrison Park, and the 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 City of Columbus hereby accepts the following described real property from the Royal Tallow Holdings, Ltd. to be used for park purposes:
Tract 1
0.097 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot No. 8 of Harrison Park as described in Plat Book 108 Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 1" rebar at the intersection of the centerline of Second Avenue (60') and Harrison Park Place (60');
thence westerly, along the centerline of Second Avenue, North 86° 35' 35" West, 30.00 feet;
thence southerly, leaving the centerline of Second Avenue, South 02° 43' 27" West, 30.00 feet to the intersection of the southerly right-of-way line of Second Avenue and the westerly right-of-way line of Harrison Park Place, being the northeast corner of Lot No. 7 of said Harrison Park;
thence southerly, along the westerly right-of-way line of Harrison Park Place and the east line of said Lot Nos. 7 and 8, South 02° 43' 27" West, 337.40 feet to an iron pin set, being the TRUE POINT OF BEGINNING;
thence southerly, along the westerly right-of-way line of Harrison Park Place and the east line of said Lot No. 8, South 02° 43' 27" West, 50.60 feet to an iron pin set at the southeast corner of said Lot No. 8 and a northeast corner of Reserve "B" of said Harrison Park conveyed to City of Columbus, Ohio as described in Instrument Number 200712310221600;
thence westerly, along the south line of said Lot No. 8 and a north line of said Reserve "B", North 87° 16' 33" West, 83.79 feet to an iron pin set at the southwest corner of said Lot No. 8 and a northeast corner of said Reserve "B";
thence northerly, along the west line of said Lot No. 8 and an east line of said Reserve "B", North 02° 43' 27" East, 50.60 feet to an iron pin set;
thence easterly, crossing said Lot No. 8, South 87° 16' 33" East, 83.79 feet to the TRUE POINT OF BEGINNING, containing 0.097 acre (4,340 S.F.) more or less.
All iron pins set are 5/8" rebar, 30" in length with a yellow plastic cap with "EP FERRIS SURVEYOR 8230" inscribed on top.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on December 3, 2009.
Tract 2
0.0002 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot No. 7 of Harrison Park as described in Plat Book 108 Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 1" rebar at the intersection of the centerline of Second Avenue (60') and Harrison Park Place (60');
thence westerly, along the centerline of Second Avenue, North 86° 35' 35" West, 30.00 feet;
thence southerly, leaving the centerline of Second Avenue, South 02° 43' 27" West, 30.00 feet to the intersection of the southerly right-of-way line of Second Avenue and the westerly right-of-way line of Harrison Park Place, being the northeast corner of said Lot No. 7;
thence westerly, along the southerly right-of-way line of Second Avenue and the north line of said Lot No. 7, North 86° 35' 35" West, 82.15 feet to an iron pin found at the northwest corner of said Lot No. 7 and the northeast corner of said 1.048 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 200712270220304;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 03° 18' 23" West, 119.06 feet to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence westerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, North 86° 41' 37" West, 1.09 feet to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 9.73 feet to an iron pin set, and being the TRUE POINT OF BEGINNING;
thence easterly, crossing said Lot No. 7, South 87° 16' 33" East, 0.51 feet to an iron pin set;
thence southerly, continuing across said Lot No. 7, South 02° 43' 27" West, 32.68 feet to an iron pin found at the southeast corner of said 1.048 acre tract, the northeast corner of Reserve "C" of said Harrison Park conveyed to City of Columbus, Ohio as described in Instrument Number 200712310221600 and being on the west line of said Lot No. 7;
thence northerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, North 01° 50' 09" East, 32.68 feet to the TRUE POINT OF BEGINNING, containing 0.0002 acres (8.28 S.F.) more or less.
All iron pins set are 5/8" rebar, 30" in length with a yellow plastic cap with "EP FERRIS SURVEYOR 8230" inscribed on top.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on December 3, 2009.
Franklin County Tax Parcel No. 010-279407 Prior Instrument References:
200806180093368 Recorder's Office, Franklin County, Ohio.
Section 2. That the Director of Department of Recreation and Parks be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to grant to the Royal Tallow Holdings, Ltd. a quitclaim deed in and to the following described real property:
0.104 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot 6 of William Neil's Heirs Land, Plat Book 3 Page 168 and being all of Reserve "C", Lot 68 and 69 and part of Reserve "B", Lot 67, 70, 71 and 72, and part of alleys vacated by City of Columbus Ordinance Number 22627 of April 2, 1906 and Ordinance Number 19498 of March 10, 1902 all part of Wyoming Place Addition, Plat book 4 Page 368, and being part a 1.048 acre tract conveyed to City of Columbus, Ohio as described in Instrument Number 200712270220304, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 1" rebar at the intersection of the centerline of Second Avenue (60') and Harrison Park Place (60');
thence westerly, along the centerline of Second Avenue, North 86° 35' 35" West, 30.00 feet;
thence southerly, leaving the centerline of Second Avenue, South 02° 43' 27" West, 30.00 feet to the intersection of the southerly right-of-way line of Second Avenue and the westerly right-of-way line of Harrison Park Place, being the northeast corner of Lot No. 7 of Harrison Park as described in Plat Book 108 Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368;
thence westerly, along the southerly right-of-way line of Second Avenue and the north line of said Lot No. 7, North 86° 35' 35" West, 82.15 feet to an iron pin found at the northwest corner of said Lot No. 7 and the northeast corner of said 1.048 acre tract, and being the TRUE POINT OF BEGINNING;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 03° 18' 23" West, 119.06 feet to an iron pin set at an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence westerly, along the east line of said 1.048 acre tract and a west line of said Lot No. 7, North 86° 41' 37" West, 1.09 feet to an iron pin set at an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 9.73 feet to an iron pin set;
thence westerly, crossing said 1.048 acre tract, North 87° 16' 33" West, 33.70 feet to an iron pin set;
thence northerly, continuing across said 1.048 acre tract, North 02° 43' 27" East, 129.20 feet to an iron pin set on the north line of said 1.048 acre tract and the southerly right-of-way line of Second Avenue;
thence easterly, along the north line of said 1.048 acre tract and the southerly right-of-way line of Second Avenue, South 86° 35' 35" East, 35.85 feet to the TRUE POINT OF BEGINNING, containing 0.104 acres (4,530 S.F.) more or less.
All iron pins set are 5/8" rebar, 30" in length with a yellow plastic cap with "EP FERRIS SURVEYOR 8230" inscribed on top.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on December 3, 2009.
Section 3. That the Director of Department of Recreation and Parks be and hereby is authorized to execute those documents, as approved by the Department of Law, Real Estate Division, necessary to quitclaim unto Royal Tallow Holdings, Ltd., its successors and assigns a perpetual non-exclusive storm water easement on the following described real property, for so long as said easement is used for the purposes herein mentioned, to install, construct, reconstruct, replace, operate, maintain, repair and remove one storm water utility line (the "improvement"):
Storm Water Easements
Tract 1 (0.0002 Acres)
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot No. 7 of Harrison Park as described in Plat Book 108 Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at the northwest corner of said Lot No. 7, the northeast corner of a 1.048 acre tract conveyed to City of Columbus as described in Instrument Number 200712270220304, and on the southerly right-of-way line of Second Avenue (60');
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 03° 18' 23" West, 119.06 feet to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence westerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, North 86° 41' 37" West, 1.09 feet to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 9.73 feet to the TRUE POINT OF BEGINNING;
thence easterly, crossing said Lot No. 7, South 87° 16' 33" East, 0.51 feet;
thence southerly, continuing across said Lot No. 7, South 02° 43' 27" West, 32.68 feet to the southeast corner of said 1.048 acre tract, the northeast corner of Reserve "C" of said Harrison Park conveyed to City of Columbus as described in Instrument Number 200712310221600 and being on the west line of said Lot No. 7;
thence northerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, North 01° 50' 09" East, 32.68 feet to the TRUE POINT OF BEGINNING, containing 0.0002 acres (8.28 S.F.) more or less.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on February 12, 2010.
Tract 2 (0.024 Acres)
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part a 1.048 acre tract conveyed to City of Columbus as described in Instrument Number 200712270220304 and Reserves "B" and "C" of Harrison Park as described in Plat Book 108 Page 56 conveyed to City of Columbus as described in Instrument Number 200712310221600, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at the northeast corner of said 1.048 acre tract, the northwest corner of Lot No. 7 of said Harrison Park conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, and on the southerly right-of-way line of Second Avenue (60');
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 03° 18' 23" West, 119.06 to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence westerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, North 86° 41' 37" West, 1.09 feet to an angle point in the east line of said 1.048 acre tract and the west line of said Lot No. 7;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 9.73 feet to the TRUE POINT OF BEGINNING;
thence southerly, along the east line of said 1.048 acre tract and the west line of said Lot No. 7, South 01° 50' 09" West, 32.68 feet to the southeast corner of said 1.048 acre tract and a northeast corner of said Reserve "C";
thence southerly, along the east line of said Reserves "B" and "C", the west line of said Lot No. 7, and the west line of Lot No. 8 of said Harrison Park conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, South 02° 43' 27" West, 181.94 feet;
thence westerly, crossing said Reserve "B", North 87° 16' 33" West, 5.00 feet;
thence northerly, crossing said Reserves "B" and "C", and said 1.048 acre tract , North 02° 43' 27" East, 214.61 feet;
thence easterly, continuing across said 1.048 acre tract, South 87° 16' 33" East, 4.49 feet to the TRUE POINT OF BEGINNING, containing 0.024 acres (1,065 S.F.) more or less.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on February 12, 2010.
Tract 3 (0.015 Acres)
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 6, Township 5, Range 22, Refugee Lands, being part of Lot No. 8 of Harrison Park as described in Plat Book 108 Page 56 conveyed to Royal Tallow Holdings, Ltd as described in Instrument Number 200806180093368, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at the intersection of the southerly right-of-way line of Second Avenue (60') and the westerly right-of-way line of Harrison Park Place (60'), being the northeast corner of Lot No. 7 of said Harrison Park;
thence southerly, along the westerly right-of-way line of Harrison Park Place and the east line of said Lot Nos. 7 and 8, South 02° 43' 27" West, 337.40 feet to the TRUE POINT OF BEGINNING;
thence southerly, along the westerly right-of-way line of Harrison Park Place and the east line of said Lot No. 8, South 02° 43' 27" West, 50.60 feet to the southeast corner of said Lot No. 8 and a northeast corner of Reserve "B" of said Harrison Park conveyed to City of Columbus, Ohio as described in Instrument Number 200712310221600;
thence westerly, along the south line of said Lot No. 8 and a north line of said Reserve "B", North 87° 16' 33" West, 5.00 feet;
thence northerly, crossing said Lot No. 8, North 02° 43' 27" East, 45.60 feet;
thence westerly, continuing across said Lot No. 8, North 87° 16' 33" West, 78.79 feet to the west line of said Lot No. 8 and an east line of said Reserve "B";
thence northerly, along the west line of said Lot No. 8 and an east line of said Reserve "B", North 02° 43' 27" East, 5.00 feet;
thence easterly, crossing said Lot No. 8, South 87° 16' 33" East, 83.79 feet to the TRUE POINT OF BEGINNING, containing 0.015 acres (647 S.F.) more or less.
The bearings are based upon Harrison Park as recorded in Plat Book 108 Page 56, the westerly right-of-way of Perry Street, having a bearing of South 02° 43' 27" West, and all other bearings upon this meridian.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on February 12, 2010.
Section 4. 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 5. 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 10 days after its passage if the Mayor neither approves nor vetoes the same.