Explanation
1. Background
This ordinance authorizes the Director of Public Service to execute agreements with The Ohio State University (OSU) to affect the transfer of public right-of-way from the City to OSU, to execute other documents as needed to transfer the right-of-way, and to authorize the acceptance of the monies owed to the City pursuant to the actions delineated herein.
The City of Columbus, Department of Public Service, received a request from Cindy Kennedy, OSU Assistant Director of Real Estate - Operations, to sell an approximate 144,009± square foot portion (3.306+/- acres) of the 11th Avenue area right-of-way. This portion of right-of-way is described as the following:
a. West 11th Avenue - East/west directionally and is abutting North High Street at the east and Neil Avenue at the west.
b. Worthington Street - North/south directionally and is abutting West 11th Avenue at the north and West 10th Avenue at the south.
c. Highland Street - North/south directionally and is abutting West 11th Avenue at the north and West 10th Avenue at the south.
d. Un-named Alley - At approximately the mid-way north/south point of the requested portion of Highland Street, the un-named alley heads west (toward Worthington Street) for approximately 175 feet and at that point takes a 90 degree turn south (toward 10th Avenue) for 95 feet and at that point makes a 90 degree turn (toward Highland Street) for approximately 30 feet.
e. Un-named Alley - North/south directionally and abutting to West 10th Avenue at the north and West 9th Avenue at the south.
Sale of this right-of-way will allow OSU to provide safer routes for the CABS bus services and to incorporate the streets and alleys into university master planning efforts.
The Department of Public Service has agreed to sell the right-of-way as described and shown within attached legal descriptions and exhibits (Attachments 1-5 & Exhibits 1-3) and extinguishes its need for this public right-of-way. 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.
The Department of Public Service submitted a request to the City Attorney’s Office asking that they establish a value for this right-of-way. A value of $9.00 per square foot, or $1,296,084.24, was established. OSU requested mitigation of this amount to $400,000.00 due to OSU committing to continue public access of the rights-of-way, the retention by the City of a general utility easement, and that the land is not being sought to facilitate private development or for the purpose of generating revenue for OSU. This request went before the Land Review Commission on August 19, 2021. After review of the request, the Land Review Commission voted to mitigate the land cost and recommended the above referenced right-of-way be transferred to OSU at the cost of $400,000.00.
The Department of Public Service also has agreed to remove ninety City-owned parking meters from the vacated streets contingent upon the promise of OSU to pay the City the sum of $728,921.14, which represents the projected revenue generated from those meters in the coming five-year period.
In addition to a quit claim deed and other incidental instruments to be prepared by the City Attorney’s Office for the transfer of the land, it is necessary to execute a right-of-way acquisition and maintenance agreement with OSU to provide for the ongoing maintenance, repair, and improvement of the right-of-way transferred to OSU.
2. FISCAL IMPACT
The City will receive $400,000.00 as consideration for the transfer of the requested right-of-way, to be deposited in Fund 7748, Project P537650. The City will also receive $728,921.14 as consideration for lost parking revenue to be deposited in Fund 6500, Subfund 650001.
3. EMERGENCY DESIGNATION
Emergency action is requested to authorize the Director of Public Service to execute any and all necessary agreements with OSU as soon as reasonably practicable to allow OSU to start and complete planned improvement work in the area while students are on break beginning in May.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary to transfer a portion of right-of-way in the vicinity of West 11th Avenue to The Ohio State University and to execute a contract with the university for future responsibilities concerning the right-of-way; to authorize the acceptance of funds from the university for the right-of way transfer and for lost parking meter revenue; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from The Ohio State University to sell an approximate 144,009± square foot portion (3.306+/- acres) of the West 11th Avenue area right-of-way; and
WHEREAS, sale of this right-of-way will allow OSU to provide safer routes for the CABS bus services and to incorporate the streets and alleys into university master planning efforts; and
WHEREAS, the Department of Public Service has agreed to sell the right-of-way as described and shown within attached legal descriptions and exhibits and extinguishes its need for this public right-of-way; and
WHEREAS, 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; and
WHEREAS, the City Attorney’s Office established a value of $9.00 per square foot, or $1,296,084.24, for this right-of-way; and
WHEREAS, OSU requested mitigation of this amount to $400,000.00 due to OSU committing to continue public access of the rights-of-way, the retention by the City of a general utility easement, and that the land is not being sought to facilitate private development or for the purpose of generating revenue for OSU; and
WHEREAS, on August 19, 2021, the Land Review Commission agreed to the mitigation and voted to recommend the above referenced right-of-way be transferred to OSU for the sum of $400,000.00; and
WHEREAS, it is necessary to execute a right-of-way acquisition and maintenance agreement with OSU to provide for the ongoing maintenance, repair, and improvement of the right-of-way transferred to OSU; and
WHEREAS, as part of this agreement the Department of Public Service has agreed to remove ninety City-owned parking meters from the vacated streets, contingent upon the promise of OSU to pay the City the sum of $728,921.14, which represents the projected revenue generated from those meters in the coming five-year period; 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 of Public Service to execute any and all necessary agreements with OSU as soon as reasonably practicable so as to allow OSU to start and complete planned improvement work in the area while students are on break beginning in May, thereby 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 a quit claim deed and other incidental instruments prepared by the City Attorney’s Office necessary to transfer the attached legal descriptions and exhibits of right-of-way to The Ohio State University, to-wit:
DESCRIPTION OF 2.444 ACRES, PARCEL 1
ELEVENTH AVENUE PUBLIC RIGHT-OF-WAY
BETWEEN NORTH HIGH STREET AND NEIL AVENUE
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 18, United States Military Lands, being all the right-of-way of Eleventh Avenue, variable in width, between the west right-of-way line of North High Street, nominally 66 feet in width, as referenced on the plat of College Place Addition, of record in Plat Book 4, Page 175, and the east right-of-way line of Neil Avenue, nominally 80 feet in width, as referenced on the plat of University Heights Addition, of record in Plat Book 4, Page 255, being also all the Eleventh Avenue right-of-way established by the plat of College View Addition, of record in Plat Book 4, Page 219, and being also all the Eleventh Avenue right-of-way north of the centerline (the northerly 25.00 feet) established as a public easement along the southerly lines of properties described in deeds to the State of Ohio (FBO The Ohio State University) as follows: 193.4 acres, Deed Book 103, Page 547; 6 acres, Deed Book 103, Page 549 and 2 acres, Deed Book 103, Page 550, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a Mag Nail set at the intersection of the southerly right-of-way line of Eleventh Avenue (formerly Woodward Avenue) with the westerly right-of-way line of High Street as established by the plat of South Campus Gateway, of record in Plat Book 103, Page 58, being also the northeasterly corner of Lot 1 of said plat and 14.40 feet from the northeasterly corner of Lot 1 of College Place Addition;
Thence along said southerly right-of-way line as established by the referenced plats the following courses:
1. North 86º43’26” West, 25.00 feet from centerline, a distance of 1200.82 feet to an iron pin set at the northwesterly corner of Lot 13 of College View Addition,
2. South 3º20’50” West, along the westerly line of Lot 13, a distance of 5.00 feet to an iron pin set at the northeasterly corner of Reserve “A” of University Heights Addition;
3. North 86º43’26” West, 30.00 feet from centerline, a distance of 836.30 feet to a Mag Nail set at the intersection with the easterly right-of-way line of Neil Avenue, being also the northwesterly corner of Lot 1 of University Heights Addition;
Thence North 8º15’25” West, crossing Eleventh Avenue, distance of 56.13 feet to a Mag Nail set at the intersection of the northerly right-of-way line of Eleventh Avenue;
Thence South 86º43’26” East, along said northerly right-of-way line and through the aforementioned properties of the State of Ohio, a distance of 2052.11 feet to a Mag Nail set at the intersection of the westerly right-of-way line of High Street;
Thence South 7º34’51” West, again crossing Eleventh Avenue, a distance of 50.14 feet to the place of beginning and containing 2.444 acres of land, 1.176 acres of which lie within Auditor’s Parcel Number 010-067007.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, and NAD 1983 (2011) and establishes a bearing of South 86º43’26” East for 11th Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by IBI Group Survey, Columbus, Ohio, and is based on a field survey of the premises performed in April and May 2021.
DESCRIPTION OF 0.170 ACRE, PARCEL 2
WORTHINGTON STREET PUBLIC RIGHT-OF-WAY
BETWEEN 11TH AVENUE AND 10TH AVENUE
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 18, United States Military Lands, being all the right-of-way of Worthington Street, 20 feet in width, between the south right-of-way line of Eleventh Avenue (formerly Woodward Avenue), 55 feet in width at this location, and the north right-of-way line of Tenth Avenue, 60 feet in width, Worthington Street being parts of Reserve “A” and Reserve “B” as described in a deed to The City of Columbus, of record in Deed Book 223, Page 90, and part of a 25-foot wide alley as all are shown and delineated on the plat University Heights Addition, of record in Plat Book 4, Page 255, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the southerly right-of-way line of Eleventh Avenue with the westerly right-of-way line of Worthington Street, being also located 38.00 feet from the northeasterly corner of Lot 19;
Thence South 86º43’26” East, along said southerly right-of-way line, a distance of 20.00 feet to an iron pin set;
Thence South 3º21’51” West, along the easterly right-of-way line of Worthington Street, a distance of 370.98 feet to an iron pin set in the northerly right-of-way line of Tenth Avenue;
Thence North 86º44’10” West, along said right-of-way line, a distance of 20.00 feet to an iron pin set at the intersection with the westerly right-of-way line of Worthington Street and located 38.00 feet from the southeasterly corner of Lot 18;
Thence North 3º21’51” East, along said westerly right-of-way line, a distance of 370.99 feet to the place of beginning and containing 0.170 acre of land.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, and NAD 1983 (2011) and establishes a bearing of South 86º43’26” East for 11th Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by IBI Group Survey, Columbus, Ohio, and is based on a field survey of the premises performed in April and May 2021.
DESCRIPTION OF 0.432 ACRE, PARCEL 3
HIGHLAND STREET PUBLIC RIGHT-OF-WAY
BETWEEN 11TH AVENUE AND 10TH AVENUE
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 18, United States Military Lands, being all the right-of-way of Highland Street, 50 feet in width, between the south right-of-way line of Eleventh Avenue (formerly Woodward Avenue), 50 feet in width at this location, and the north right-of-way line of Tenth Avenue, 60 feet in width, as shown and delineated on the plat College View Addition, of record in Plat Book 4, Page 219, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the southerly right-of-way line of Eleventh Avenue with the westerly right-of-way line of Highland Street, being also located at the northeasterly corner of Lot 9;
Thence South 86º43’26” East, along said southerly right-of-way line, a distance of 50.00 feet to an iron pin set at the northwesterly corner of Lot 8;
Thence South 3º19’48” West, along the easterly right-of-way line of Highland Street, a distance of 375.90 feet to an iron pin set in the northerly right-of-way line of Tenth Avenue at the southwesterly corner of Lot 27;
Thence North 86º43’26” West, along said northerly right-of-way line, a distance of 50.00 feet to an iron pin set at the intersection with the westerly right-of-way line of Highland Street and at the southeasterly corner of Lot 28;
Thence North 3º19’48” East, along said westerly right-of-way line, a distance of 375.91 feet to the place of beginning and containing 0.432 acre of land.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, and NAD 1983 (2011) and establishes a bearing of South 86º43’26” East for 11th Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by IBI Group Survey, Columbus, Ohio, and is based on a field survey of the premises performed in April and May 2021.
DESCRIPTION OF 0.161 ACRE, PARCEL 4
20-FOOT ALLEY PUBLIC RIGHT-OF-WAY
FIRST ALLEY EAST OF NEIL AVENUE
BETWEEN 10TH AVENUE AND 9TH AVENUE
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 18, United States Military Lands, being all the right-of-way of that first 20-foot alley east of Neil Avenue, between the south right-of-way line of Tenth Avenue, 60 feet in width, and the north right-of-way line of Ninth Avenue, 60 feet in width, as shown and delineated on the plat of McMillen’s University Addition, of record in Plat Book 4, Page 135, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the southerly right-of-way line of Tenth Avenue with the westerly right-of-way line of said 20-foot alley, being also located at the northeasterly corner of Lot 1;
Thence South 86º44’10” East, along said southerly right-of-way line, a distance of 20.41 feet to an iron pin set at the northwesterly corner of Lot 46;
Thence South 8º15’25” East, along the easterly right-of-way line of 20-foot alley, a distance of 350.18 feet to an iron pin set in the northerly right-of-way line of Ninth Avenue at the southwesterly corner of Lot 30;
Thence North 86º52’11” West, along said northerly right-of-way line, a distance of 20.40 feet to an iron pin set at the intersection with the westerly right-of-way line of 20-foot alley and at the southeasterly corner of Lot 8;
Thence North 8º15’25” West, along said westerly right-of-way line, a distance of 350.23 feet to the place of beginning and containing 0.161 acre of land.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, and NAD 1983 (2011) and establishes a bearing of South 86º43’26” East for 11th Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by IBI Group Survey, Columbus, Ohio, and is based on a field survey of the premises performed in April and May 2021.
DESCRIPTION OF 0.099 ACRE, PARCEL 5
15-FOOT ALLEY PUBLIC RIGHT-OF-WAY
SOUTH OF 11TH AVENUE AND WEST OF HIGHLAND STREET
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 3, Township 1, Range 18, United States Military Lands, being all the existing right-of-way of that 15-foot alley west of Highland Street, as shown and delineated on the plat College View Addition, of record in Plat Book 4, Page 219, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the northerly right-of-way line of said 15-foot alley with the westerly right-of-way line of Highland Street, being also the southeasterly corner of Lot 9;
Thence South 3º19’48” West, crossing said alley, a distance of 15.00 feet to a Mag Nail set at the northeasterly corner of Lot 14;
Thence along the perimeter of Lot 14 and Lot 15, and the right-of-way line of said 15-foot alley the following courses:
1. North 86º43’26” West, a distance of 154.94 feet to an iron pin found;
2. South 48º18°42” West, a distance of 7.08 feet to a Mag Nail set;
3. South 3º20’50” West, a distance of 65.95 feet to a Mag Nail set;
4. South 41º41’40” East, a distance of 7.08 feet to a Mag Nail set;
5. South 86º43’26” East, a distance of 14.52 feet to a Mag Nail set at the northwesterly corner of former right-of-way vacated by City of Columbus Ordinance 35,574;
Thence South 3º16’34” West, along the westerly line of said vacated right-of-way, a distance of 15.00 feet to a Mag Nail set at the northeasterly corner of Lot 32;
Thence North 86º43’26” West, along the northerly line of Lot 32, a distance of 34.55 feet to an iron pin set at the northwesterly corner of same and in the westerly line of the College View Addition, the easterly line of University Heights Addition subdivision, of record in Plat Book 4, Page 255;
Thence North 3º20’50” East, along the common line between College View Addition and University Heights Addition and being the westerly right-of-way line of said 15-foot alley, a distance of 105.95 feet to an iron pin set at the southwesterly corner of Lot 13 of College View Addition;
Thence South 86º43’26” East, along the southerly lines of Lots 13, 12, 11, 10 and 9, a distance of 174.93 feet to the place of beginning and containing 0.099 acre of land.
Bearings herein are based on the Ohio State Plane Coordinate System, South Zone, and NAD 1983 (2011) and establishes a bearing of South 86º43’26” East for 11th Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by IBI Group Survey, Columbus, Ohio, and is based on a field survey of the premises performed in April and May 2021.
SECTION 2. That the attached 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 attached legal description and exhibit describing the 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 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 City will receive a total of $400,000.00 for the sale of this right-of-way and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
SECTION 6. That the Director of Public Service is hereby authorized to execute a right-of-way acquisition and maintenance agreement with OSU to provide for the ongoing maintenance, repair, and improvement of the right-of-way transferred to OSU.
SECTION 7. That the Director of Public Service is hereby authorized to accept the sum of $728,921.14 from OSU as consideration for lost parking revenue resulting from the removal of ninety City-owned parking meters from the vacated streets, to be deposited in Fund 6500, Subfund 650001.
SECTION 8. 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.