Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, received a request from Columbus Gaming Ventures, Inc. asking that the City vacate the alley west of Hocking Street from Nationwide Boulevard north to the southern boundary of vacated Brodbelt Street, which bi-sects property currently owned by Columbus Gaming Ventures, in exchange for the dedication of a 1.078 acre tract along the western edge of Tax Parcel Number 010-008443, owned by Columbus Gaming Ventures, and the granting of a 0.537 acre easement to the Division of Power and Water. Vacation of this right-of-way will allow for the future development of property along Nationwide Boulevard currently owned by Columbus Gaming Ventures, Inc. 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 vacation 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 $24,781.00 was established for this right-of-way, but it is the recommendation of the Division of Planning and Operations to vacate this right-of-way, based on upon the above conditions at no cost. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be vacated to Columbus Gaming Ventures, Inc. at no cost.
2. FISCAL IMPACT
The City will receive a 1.078 acre tract of land along the western edge of Tax Parcel Number 010-008443 and a 0.537 acre easement granted to The Division of Power and Water, as consideration for the vacation of the requested right-of-way. The value of the property to be received has been determined to be greater than the value of the right-of-way to be vacated.
Title
To authorize the Director of the Department of Public Service to execute those documents required to vacate the alley west of Hocking Street from Nationwide Boulevard north to the southern boundary of vacated Brodbelt Street; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Columbus Gaming Ventures, Inc., asking that the City vacate the alley west of Hocking Street from Nationwide Boulevard north to the southern boundary of vacated Brodbelt Street, which bi-sects property currently owned by Columbus Gaming Ventures, to them; and
WHEREAS, acquisition of the right-of-way will allow Columbus Gaming Ventures, Inc., to develop property on Nationwide Boulevard that is currently owned by Columbus Gaming Ventures, Inc.; 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 vacation of this right-of-way; 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 $24,781.00 was established for this right-of-way; and
WHEREAS, the value of the property to be received has been determined to be greater than the value of the right-of-way to be vacated; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be vacated to Columbus Gaming Ventures, Inc. at no cost, based on the above noted agreement, and and now therefore
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 vacate the following described right-of-way to Columbus Gaming Ventures, Inc; to-wit:
The alley west of Hocking Street, from Nationwide Boulevard north to the southern boundary of vacated Brodbelt Street, in exchange for the following;
1) 1.078 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 9, Township 5, Range 22, Refugee Lands, and being part of Lot 7 of W.A. Neil's Penitentiary Farm Subdivision as described in Plat Book 5, Page 44 and being part of an 18.312 acre tract conveyed to Columbus Gaming Ventures, Inc. as described in Instrument Number 201001150005841, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at the centerline intersection of Hocking Street (50') and Nationwide Boulevard (60'), formerly Dublin Road, City of Columbus Ordinance No. 1896-00;
Thence westerly with the centerline to the terminus of Nationwide Boulevard vacated by the City of Columbus in Ordinance No. 884-41, South 83° 10' 21" West, 894.87 feet.
Thence northerly leaving the centerline of Nationwide Boulevard, North 06° 49' 39" West, 30.00 feet to a 3/4" hollow pipe found at the southwest corner of said 18.312 acre tract and the southeast corner of a 6.957 acre tract conveyed to the City of Columbus, Ohio as described in Deed Book 811 Page 606, being on the northerly right-of-way line of Nationwide Boulevard, and being the TRUE POINT OF BEGINNING;
Thence northerly, along the west line of said 18.312 acre tract and the east line of said 6.957 acre tract, North 14° 23' 50" West, 944.59 feet to an iron pin set on the south line of Brodbelt Lane, Plat Book 1, Page 250 (vacated by Ordinance No. 139-33, 5-08-33), being an angle point in the west line of said 18.312 acre tract, the northeast corner of said 6.957 acre tract, and the northeast corner of a 0.68 acre tract conveyed to Cheasepeake and Ohio Railway Company in Deed Book 924, Page 338, now commonly known as CSX Transportation Inc., successor by merger, Official Record Volume 13276 A14 and 13283 G13;
Thence easterly, along said south line of said vacated Brodbelt Lane and crossing said 18.312 acre tract, South 85° 44' 03" East, 52.78 feet to an iron pin set;
Thence southerly, continuing across said 18.312 acre tract, South 14° 23' 50" East, 934.35 feet to an iron pin set on the south line of said 18.312 acre tract and the northerly right-of-way of Nationwide Boulevard;
Thence westerly, along the south line of said 18.312 acre tract and the northerly right-of-way line of Nationwide Boulevard, South 83° 10' 21" West, 50.44 feet to the TRUE POINT OF BEGINNING, containing 1.078 acres more or less.
Subject to all legal rights-of-way and/or easements, if any of previous record.
All iron pins set are 5/8" rebar, 30" in length with a yellow plastic cap with "EP FERRIS SURVEYOR 8230" inscribed on top.
We hereby certify that the foregoing Boundary Survey was prepared from actual field measurements in accordance with Chapter 4733-37, Ohio Administrative Code. Field survey was conducted in December, 2007, May, 2009 and December, 2009.
Basis of Bearing: North line of Nationwide Boulevard as described in Official Record Volume 11558 G19, being South 83° 10' 21" West.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on June 7, 2010; and
2) PERMANENT EASEMENT
0.537 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 9, Township 5, Range 22, Refugee Lands, being part of an 18.312 acre tract conveyed to Columbus Gaming Ventures, Inc. as described in Instrument Number 201001150005841, all references being those of record in the Franklin County, Ohio Recorder's Office and being more particularly described as follows:
Commencing at a 3/4" hollow pipe found at the intersection of the southwest comer of said 18.312 acre tract and the southeast comer of a 6.957 acre tract conveyed to the city of Columbus, Ohio as described in Deed Book 811 Page 606, being on the northerly right-of-way line of Nationwide Boulevard;
Thence northerly, along the west line of said 18.312 acre tract and the east line of said 6.957 acre tract, north 14° 23' 50" west, 944.59 feet to the south line of Brodbelt Lane, Plat Book 1, Page 250 (vacated by Ordinance No. 139-33, 5-08-33), being an angle point in the west line of said 18.312 acre tract, the northeast comer of said 6.957 acre tract, and the northeast comer of a 0.68 acre tract conveyed to Chesapeake and Ohio railway company in Deed Book 924, Page 338, now commonly known as CSX Transportation Inc., successor by merger, Official Record Volume 13276 A14 and 13283 G13, and being the TRUE POINT OF BEGINNING;
Thence northerly, crossing said 18.312 acre tract, North 14° 23' 50" West, 137.44 feet to a north line of said 18.312 acre tract;
Thence northeasterly, along the north line of said 18.312 acre tract, North 43° 20' 16" East, 12.40 feet to a 5/8" rebar found at a point of curvature;
Thence easterly, continuing along the north line of said 18.312 acre tract along a curve to the right with an arc length of 486.90 feet, a radius of 464.00 feet, a central angle of 60° 01' 25", and a chord which bears North 73° 23' 59" East, a distance of 464.87 feet to a 1" solid iron pin found at a point of compound curve;
Thence southeasterly, continuing along the north line of said 18.312 acre tract along a curve to the right with an arc length of 246.15 feet, a radius of 461.17 feet, a central angle of 30° 34' 57", and a chord which bears South 61° 14' 50" East, a distance of 243.24 feet to a 1" solid iron pin found at a point of tangency;
Thence southeasterly, continuing along the north line of said 18.312 acre tract, South 36° 10' 13" East, 76.84 feet to a 1" solid iron pin found, passing a 1" solid iron pin found at 64.92 feet to a point of curvature;
Thence southeasterly, continuing along the north line of said 18.312 acre tract along a curve to the right with an arc length of 15.00 feet, a radius of 448.05 feet, a central angle of 01° 55' 07", and a chord which bears South 34° 04' 10" East, a distance of 15.00 feet;
Thence southwesterly, crossing said 18.312 acre tract, South 56° 53' 23" West, 20.00 feet;
Thence continuing across said 18.312 acre tract the following five (5) courses:
1. a curve to the left with an arc length of 14.14 feet, a radius of 428.05 feet, a central angle of 01° 53' 32", and a chord which bears North 34° 03' 23" West, a distance of 14.14 feet;
2. North 36° 10' 13" West, a distance of 74.91 feet;
3. a curve to the left with an arc length of 233.78 feet, a radius of 441.17 feet, a central angle of 30ø 21' 45", and a chord which bears North 61° 21' 26" West, a distance of 231.06 feet;
4. a curve to the left with an arc length of 432.57 feet, a radius of 444.00 feet, a central angle of 55ø 49' 15", and a chord which bears South 75° 33' 04" West, a distance of 415.66 feet;
5. South 14° 23' 50" East, a distance of 160.76 feet to the south line of said vacated Brodbelt Lane;
Thence westerly, along the south line of said vacated Brodbelt Lane, North 85° 44' 03" West, 52.78 feet to the TRUE POINT OF BEGINNING, containing 0.537 acres, more or less.
Subject to all legal rights-of-way and/or easements, if any of previous record.
Basis of bearing: north line of nationwide boulevard as described in Official Record Volume 11558 G19. being South 83° 10' 21" West.
This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, of E.P. Ferris & Associates, Inc. on June 7, 2010.
Section 2. That the prior 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 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 4. That the dedication of the 1.078 acre tract and the granting of the 0.537 acre easement be received by the City as consideration for the vacation of this right-of-way.
Section 5. That the value of the property to be received has been determined to be greater than the value of the property to be vacated.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 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 approvals by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.