Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from The Children's Hospital asking that the City sell them those rights-of-way identified as that portion of Denton Alley, from the east right-of-way line of Ann Street to the west right-of-way line of Putnam Alley and that portion of Putnam Alley from the south right-of-way line of Livingston Avenue to the north right-of-way line of Denton Alley. Sale of these rights-of-way will allow for property consolidation necessary to allow for implementation of The Children's Hospital Master Facilities Plan. 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 these rights-of-way, subject to the retention of a general utility easement for those utilities currently located within these rights-of-way. The Department of Law, Real Estate Division, established a value of $38,186.16 for these rights-of-way. The Children's Hospital has requested mitigation of this amount for the following reasons: 1) the willingness of The Children's Hospital to absorb the cost of utility relocation from these rights-of-way; 2) the substantial increase in tax revenue that will be generated by the development of new facilities within The Children's Hospital campus; 3) the construction of new facilities and the improvement of existing facilities that will positively impact the area surrounding The Children's Hospital campus; 4) the value of the improvements The Children's Hospital has committed to make to the City's electric distribution system pursuant to the pending "Substation Agreement" between the City and The Children's Hospital. After review of the above referenced mitigating circumstances the Land Review Commission voted to recommend that these rights-of-way be transferred to The Children's Hospital at no charge.
Emergency Justification: Emergency action is requested so that The Children's Hospital can begin the process of consolidating their properties and subsequent construction of the next phase of their proposed Master Facilities Plan without delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the rights-of-way identified as that portion of Denton Alley, from the east right-of-way line of Ann Street to the west right-of-way line of Putnam Alley and that portion of Putnam Alley from the south right-of-way line of Livingston Avenue to the north right-of-way line of Denton Alley to The Children's Hospital 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 The Children's Hospital asking that the City sell them those rights-of-way identified as that portion of Denton Alley, from the east right-of-way line of Ann Street to the west right-of-way line of Putnam Alley and that portion of Putnam Alley from the south right-of-way line of Livingston Avenue to the north right-of-way line of Denton Alley; and
WHEREAS, sale of these rights-of-way will allow for property consolidation necessary to allow for implementation of The Children's Hospital Master Facilities Plan; 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 these rights-of-way; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $38,186.16 for these rights-of-way; and
WHEREAS, The Children's Hospital has requested mitigation of this amount for the following reasons: 1) the willingness of The Children's Hospital to absorb the cost of utility relocation from these rights-of-way; 2) the substantial increase in tax revenue that will be generated by the development of new facilities within The Children's Hospital campus; 3) the construction of new facilities and the improvement of existing facilities that will positively impact the area surrounding The Children's Hospital campus; 4) the value of the improvements The Children's Hospital has committed to make to the City's electric distribution system pursuant to the pending "Substation Agreement" between the City and The Children's Hospital; and
WHEREAS, after review of the above referenced mitigating circumstances the Land Review Commission voted to recommend that these rights-of-way be transferred to The Children's Hospital at no charge; now, therefore 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 these rights-of-way without delay so The Children's Hospital can begin the process of consolidating their properties and subsequent construction of the next phase of their proposed Master Facilities Plan without delay 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 rights-of-way to The Children's Hospital; to-wit:
0.068 Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 22, Township 5, Range 22, Refugee Lands, being part of Denton Alley, (20 feet wide), as dedicated in "Swayne's Addition" a subdivision of record in Plat Book 2, Page 35, (all references are 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 said Denton Alley and with the westerly right-of-way line of Putnam Alley (20 feet wide), as dedicated in said "Swayne's Addition";
Thence North 68°59'18" West, a distance of 146.61 feet, with said southerly right-of-way line, to an iron pin set at the intersection of said southerly right-of-way line and the easterly right-of-way line of Anne Street (40 feet wide), as dedicated in said "Swayne's Addition";
Thence North 03°48'01" East, a distance of 20.94 feet, across said Denton Alley, to an iron pin set at the intersection of the northerly right-of-way line thereof and said easterly right-of-way line;
Thence South 68°59'18" East, a distance of 147.92 feet, with said northerly right-of-way line, to an iron pin set at the intersection of said northerly and westerly right-of-way lines;
Thence South 07°17'16" West, a distance of 20.59 feet, across said Denton Alley, to the POINT OF BEGINNING, containing 0.068 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 place in the top bearing the initials EMHT INC.
The bearings shown hereon are based on the Ohio State Plane Coordinate System, South Zone, as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 43 and Frank 143, having a bearing of South 87°56'16" East, established by the Franklin County Engineering Department, using Global Positioning System Procedures and equipment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
James M. Pearsall, Professional Surveyor No. 7840
0.069 Acre
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 22, Township 5, Range 22, Refugee Lands, being part of Putnam Alley (20 feet wide), as dedicated in "Swayne's Addition", a subdivision of record in Plat Book 2, Page 35, (all references are 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 westerly right-of-way line of said Putman Alley with the southerly right-of-way line of Livingston Avenue (66 feet wide), as dedicated in said "Swayne's Addition";
Thence South 68°59'18" East, a distance of 20.00 feet, across said Putnam Alley, to an iron pin set at the intersection of the easterly right-of-way line thereof and said southerly right-of-way line;
Thence South 20°59'35" West, a distance of 150.00 feet, with said easterly right-of-way line, to an iron pin set at the intersection of said easterly right-of-way line and the northerly right-of-way line of Denton alley (20 feet wide), as dedicated in said "Swayne's Addition";
Thence North 68°59'18" West, a distance of 20.00 feet, across said Putnam Alley, to an iron pin set at the intersection of said northerly and westerly right-of-way lines;
Thence North 20°59'35" East, a distance of 150.00 feet, with said westerly right-of-way line, to the POINT OF BEGINNING, containing 0.069 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.
The bearings shown hereon are based on the Ohio State Plane Coordinate System, South Zone, as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments Frank 43 and Frank 143, having a bearing of South 87°56'16" East, established by the Franklin County Engineering Department, using Global Positioning System Procedures and equipment.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
James M. Pearsall, Professional Surveyor No. 7840
Section 2. That the above referenced real property shall be considered excess road rights-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 general utility easements in, on, over, across and through the above described alleys shall be and hereby are retained unto the City of Columbus for those utilities currently located within said rights-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easements the Director of the Public Service Department is hereby authorized to execute those documents necessary to release the retained general utility easements with no additional compensation due to the City and with no further legislative action required by the City.
Section 5. That this Council has determined it is in the best interest of the City of Columbus to allow these rights-of-way to be transferred 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 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. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.