Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Nationwide Realty Investors ("NRI") asking that the City sell them that right-of-way identified as a two foot wide portion of right-of-way off the west side of Neil Avenue from the north right-of-way line of Spring Street approximately 487 feet northerly and that the City grant them both aerial and foundation encroachment easements at the northwest corner of Neil Avenue and Spring Street. Sale of this right-of-way and the granting of the requested encroachment easements will allow for the rehabilitation of an existing building located at 237 Neil Avenue to include a covered parking facility and residential condominiums. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way, subject to the retention of a general utility easement for those utilities currently located within this portion of Neil Avenue, and upon the granting of the requested aerial and foundation encroachment easements. The Department of Law, Real Estate Division, established a total value of $35,317.36 for this right-of-way and these encroachment easements. The Land Review Commission voted to recommend that this right-of-way be transferred and these encroachment easements be granted to NRI at no charge in recognition of the value of the improvements undertaken by NRI at this location that will further the interest and welfare of the public; the willingness of NRI to absorb the cost of utility relocation from the right-of-way being transferred and a substantial increase in tax revenue generated by the redevelopment of this corner.
Emergency Justification: Emergency action is requested so that redevelopment of this corner can continue without interruption.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer that right-of-way identified as a two foot wide portion of right-of-way off the west side of Neil Avenue from the north right-of-way line of Spring Street approximately 487 feet northerly therefrom and to execute those documents required to grant both aerial and foundation encroachment easements at the northwest corner of Neil Avenue and Spring Street to NWD 300 Spring, LLC at no charge as recommended by the Land Review Commission; to waive the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Nationwide Realty Investors ("NRI") asking that the City sell them that right-of-way identified as a two foot wide portion of right-of-way off the west side of Neil Avenue from the north right-of-way line of Spring Street approximately 487 feet northerly and that the City grant them both aerial and foundation encroachment easements at the northwest corner of Neil Avenue and Spring Street; and
WHEREAS, sale of this right-of-way and the granting of the requested encroachment easements will allow for rehabilitation of an existing building located at 237 Neil Avenue to include a covered parking facility and residential condominiums; and.
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way, subject to the retention of a general utility easement for those utilities currently located within this portion of Neil Avenue, and upon the granting of the requested aerial and foundation encroachment easements, and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $35,317.36 for this right-of-way and these encroachment easements, and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred and these encroachment easements be granted to NRI at no charge in recognition of the value of the improvements undertaken by NRI at this location that will further the interest and welfare of the public; the willingness of NRI to absorb the cost of utility relocation from the right-of-way being transferred and a substantial increase in tax revenue generated by the redevelopment of this corner; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the Director to execute those documents necessary to transfer the requested portion of Neil Avenue and to grant the aerial and foundation encroachment easements to NWD 300 Spring, LLC, without delay so that redevelopment of this corner can continue without interruption for 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 Director of the Public Service Department 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 NWD 300 Spring, LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being part of Neil Avenue, (all references are to the records of the Recorder's Office, Franklin county, Ohio) and described as follows:
Beginning for Reference, at the intersection of the original westerly right-of-way line of Neil Avenue and the original northerly right-of-way line of Spring Street, being the southeast corner of the 0.002 acre tract conveyed to the City of Columbus by deed of record in Official Record 28477H18, and being the southeast corner of Lot 2 of "Brecount, Smith and Conover Northwest Addition", a subdivision of record in Plat book 1, Page 250;
Thence North 03°24'41" East, a distance of 10.00 feet, with the east line of said 0.002 acre tract and said westerly right-of-way line, to an iron pin set at a southeasterly corner of the 1.714 acre tract conveyed to NWD 237 Neil, LLC by deed of record in Instrument Number 200507250147005, being the TRUE POINT OF BEGINNING;
Thence North 03°24'41" East, with the east line of said "Brecount, Smith and Conover Northwest Addition", being the east line of said 1.714 acre tract, and the west right-of-way line of said Neil Avenue, 476.63 feet to a magnetic nail found;
Thence across the said right-of-way of said Neil Avenue, the following courses and distances;
South 86°35'19" East, a distance of 2.00 feet to a magnetic nail set;
South 03°24'41" West, a distance of 475.29 feet, to a magnetic nail set;
South 59°31'28" West, a distance of 2.41 feet, to the TRUE POINT OF BEGINNING, containing 0.022 acre, more or less.
Iron pins set, where indicated, are iron pipes, thirteen-sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT, INC.
Bearings are based on the north right-of-way of Nationwide Boulevard, having a bearing of North 82°18'16" East, as per Ohio State Plane Coordinate System, South Zone. (NAD83) (1986 Adjustment).
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Heather L. King, Registered Surveyor No. 8307
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 currently 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 the Director of the Public Service Department 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 Director of the Public Service Department 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 grant the following described aerial encroachment easements to NWD 300 Spring, LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Spring Street, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 86°52'24" West, with the centerline of said Spring Street, a distance of 143.41 feet to a point;
Thence North 03°07'36" East, a distance of 28.39 feet to a point on the northerly right-of-way line of Spring Street the TRUE POINT OF BEGINNING;
Thence South 86°52'24" East, with said northerly right-of-way line of Spring Street, a distance of 98.55 feet to a point;
Thence North 59°31'28" East, continuing with said northerly right-of-way line of Spring Street, a distance of 18.07 feet to a point;
Thence across said right-of-way of Spring Street, the following courses and distances:
South 86°35'19" East, a distance of 0.96 feet to a point on the arc of a curve to the right;
With the arc of said curve, with central angle of 46°32'25", a radius of 23.34 feet, an arc length of 18.96 feet, having a chord bearing and distance of South 58°39'47" West, 18.44 feet to a point on the arc of a curve to the right;
With the arc of said curve, with central angle of 22°53'48", a radius of 250.26 feet, an arc length of 100.01 feet, having a chord bearing and distance of North 86°37'07" West, 99.35 feet to the TRUE POINT OF BEGINNING containing 0.009 acre of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
And
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Neil Avenue, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 03°24'41" East, with the centerline of said Neil Avenue, a distance of 40.09 feet to a point;
Thence North 86°35'19" West, a distance of 28.00 feet to a point on the westerly right-of-way line of Neil Avenue the TRUE POINT OF BEGINNING;
Thence North 03°24'41" East, with said westerly right-of-way line of Neil Avenue, a distance of 20.84 feet to a point;
Thence across said right-of-way of Neil Avenue, the following courses and distances:
South 86°35'19" East, a distance of 2.50 feet to a point;
South 03°24'41" West, a distance of 10.33 feet to a point of curvature to the right;
With the arc of said curve, with a central angle of 26°43'52", a radius of 23.36 feet, an arc length of 10.90 feet, having a chord bearing and distance of South 16°47'39" West, 10.80 feet to the TRUE POINT OF BEGINNING containing 0.001 acre of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
And
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Neil Avenue, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 03°24'41 East, with the centerline of said Neil Avenue, a distance of 118.34 feet to a point;
Thence North 86°35'19" West, a distance of 25.50 feet to the TRUE POINT OF BEGINNING;
Thence North 86°35'19" West, continuing across said right-of-way, a distance of 2.50 feet to a point on the westerly right-of-way line of said Neil Avenue;
Thence North 03°24'41" East, with said westerly right-of-way line, a distance of 21.08 feet to a point;
Thence across said right-of-way of Neil Avenue, the following courses and distances;
South 86°35'19" East, a distance of 2.50 feet to a point;
South 03°24'41" West, a distance of 21.08 feet to the TRUE POINT OF BEGINNING containing 0.001 acre of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8205
Section 6. That the Director of the Public Service Department 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 grant the following described foundation encroachment easements to NWD 300 Spring, LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Neil Avenue, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 03°24'41" East, with the centerline of said Neil Avenue, a distance of 49.37 feet to a point;
Thence North 86°35'19" West, across the right-of-way of said Neil Avenue, a distance of 27.74 feet to the TRUE POINT OF BEGINNING;
Thence North 86°35'19" West, continuing across said right-of-way, a distance of 0.26 feet to a point on the westerly right-of-way line of Neil Avenue;
Thence North 03°24'41" East, with the westerly right-of-way line of Neil Avenue, a distance of 12.00 feet to a point;
Thence across said right-of-way of Neil Avenue, the following courses and distances:
South 86°35'19" East, a distance of 0.26 feet to a point;
South 03°24'41" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING containing 3.12 square feet of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Neil Avenue, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 03°24'41" East, with the centerline of said Neil Avenue, a distance of 73.12 feet to a point;
Thence North 86°35'19" West, across the right-of-way of said Neil Avenue, a distance of 27.74 feet to the TRUE POINT OF BEGINNING;
Thence North 86°35'19" West, continuing across the right-of-way of Neil Avenue, a distance of 0.26 feet to a point on the westerly right-of-way of Neil Avenue;
Thence North 03°24'41" East, with the westerly right-of-way line of Neil Avenue, a distance of 12.00 feet to a point;
Thence across said right-of-way of Neil Avenue, the following courses and distances:
South 86°35'19" East, a distance of 0.26 feet to a point;
South 03°24'41" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING containing 3.12 square feet of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Neil Avenue, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 03°24'41" East, with the centerline of said Neil Avenue, a distance of 100.22 feet to a point;
Thence North 86°35'19" West, across the right-of-way of said Neil Avenue, a distance of 27.74 feet to the TRUE POINT OF BEGINNING;
Thence North 86°35'19" West, continuing across said right-of-way a distance of 0.26 feet to a point on the westerly right-of-way of Neil Avenue;
Thence North 03°24'41" East, with the westerly right-of-way line of Neil Avenue, a distance of 12.00 feet to a point;
Thence across said right-of-way of Neil Avenue, the following courses and distances:
South 86°35'19" East, a distance of 0.26 feet to a point;
South 03°24'41" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING containing 3.12 square feet of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Spring Street, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 86°52'24" West, with the centerline of said Spring Street, a distance of 79.87 feet to a point;
Thence North 03°07'36" East, across the right-of-way of Spring Street, a distance of 24.58 feet to the TRUE POINT OF BEGINNING;
Thence continuing across said right-of-way of Spring Street, the following courses and distances:
North 86°35'19" West, a distance of 12.00 feet to a point;
North 03°24'41" East, a distance of 2.94 feet to a point;
North 87°20'37" West, a distance of 0.58 feet to a point;
North 03°22'37" East, a distance of 0.81 feet to a point on the northerly right-of-way line of Spring Street;
Thence South 86°52'24" East, with the northerly right-of-way line of Spring Street, a distance of 12.58 feet to a point;
Thence South 03°24'41" West, a distance of 3.81 feet to the TRUE POINT OF BEGINNING containing 0.001 acre of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Tract, being across the right-of-way of Spring Street, and described as follows:
Beginning for reference, at the centerline intersection of Neil Avenue and Spring Street;
Thence North 86°52'24" West, with the centerline of said Spring Street, a distance of 119.86 feet to a point;
Thence North 03°07'36" East, across the right-of-way of said Spring Street, a distance of 25.73 feet to the TRUE POINT OF BEGINNING;
Thence North 03°24'44" East, continuing across said right-of-way a distance of 2.66 feet to a point on the northerly right-of-way line of Spring Street;
Thence South 86°52'24" East, with the northerly right-of-way line of Spring Street, a distance of 22.83 feet to a point;
Thence across said right-of-way of Spring Street, the following courses and distances:
South 03°31'13" West, a distance of 0.81 feet to a point on the arc of a curve to the right;
With the arc of said curve with central angle of 03°41'28", a radius of 168.33 feet, an arc length of 10.84 feet, having a chord bearing and distance of North 84°05'24" West, 10.84 feet to a point;
South 03°24'41" West, a distance of 2.43 feet to a point;
North 86°35'19" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING containing 0.001 acre of land, more or less.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller, Professional Surveyor No. 8250
Section 7. That this Council has determined it is in the best interest of the City of Columbus to allow this right-of-way to be transferred and these easements to be granted without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to the transfer of these properties.
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.