Explanation
Background: The City of Columbus ("City") is engaged in the Alum Creek Bike Trail (Academy Park to Main Street) Project. As part of the project it is necessary that the City acquire a 0.019 + acre parcel of real property, located in the vicinity of Holtzman Avenue and Bryden Road. S & G Properties is the owner of the aforementioned real property, which is adjacent to a City owned parcel. The City desires to exchange its parcel for the subject 0.019 + acre S & G Properties property. As a part of the exchange S & G Properties property will demolish the existing structures on the property and remove all debris. The Recreation and Parks Department has determined that the exchange of subject properties will not adversely affect the City and should be granted. The Department of Law, Real Estate Division has determined that the exchange will equally benefit both the City and S & G Properties; therefore no money will be involved. This legislation authorizes the Executive Director of the Recreation and Parks Department to execute those documents necessary to the exchange subject real properties.
Fiscal Impact: The exchange will equally benefit both the City and S & G Properties; therefore no money will be involved
Emergency Justification: Emergency action is requested; to satisfy one of the contingencies of the agreement is that City Council must approve the exchange on or before September 27, 2004.
Title
To authorize the Executive Director of the Recreation and Parks Department to execute a Real Estate Exchange Contract and any ancillary documents necessary to grant certain City owned real property, located in the vicinity of Holtzman Avenue and Bryden Road, to S & G Properties in exchange for certain real property, necessary to the Alum Creek Bike Trail (Academy Park to Main Street) Project; to waive the Land Review Commission provisions of the Columbus City Codes (1959) and to declare and emergency.
Body
WHEREAS, The City of Columbus ("City") is engaged in the Alum Creek Bike Trail (Academy Park to Main Street) Project; and
WHEREAS, as part of the project it is necessary that the City acquire a 0.019 + acre parcel of real property, located in the vicinity of Holtzman Avenue and Bryden Road; and
WHEREAS, S & G Properties is the owner of the aforementioned real property, which is adjacent to a City owned parcel; and
WHEREAS, the City desires to exchange its parcel for the subject S & G Properties property; and
WHEREAS, as a part of the exchange S & G Properties property will demolish the existing structures on the property and remove all debris; 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 Department of Law, Real Estate Division has determined at the exchange will equally benefit both the City and S & G Properties; 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 immediately necessary to authorize the Executive Director of the Recreation and Parks Department to execute a Real Estate Exchange Contract and any ancillary documents necessary to grant certain City owned real property, located in the vicinity of Holtzman Avenue and Bryden Road, to S & G Properties in exchange for certain real property, necessary to the Alum Creek Bike Trail (Academy Park to Main Street) Project, in order to satisfy a dealine contingency in the contract and 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 City of Columbus hereby accepts the following described real property to be used for park purposes:
EXHIBIT "A"
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 31 of the Henry Holtzman's Addition in Plat Book 5, Pages 176 and 177, Recorder's Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.019 acre tract out of Lot 31 of said Henry Holtzman's Addition being more particularly described as follows:
Beginning FOR COMMENCEMENT at a 1" pipe bent found and used at the northwest corner of Lot 33 of said Henry Holtzman's Addition, the southwest corner of Lot 122 of the Richard Clayton's Addition in Plat Book 7, Page 44, and being in the north line of Lot 55 of Martin & Stage's Fairwood Addition to the City of Columbus in Plat Book 2, Pages 98 and 99, also in the east right-of-way line of Holtzman Avenue (60' R/W);
Thence along the west line of Lots 32 and 33 of said Henry Holtzman's Addition, the east right-of-way line of Holtzman Ave., South 04 degrees 01 minutes 59 seconds West, 68.00 feet to a PK nail found at the southwest corner of Lot 32, the northwest corner of Lot 31 of said Henry Holtzman's Addition;
Thence along the south line of Lot 32, the north line of Lot 31 of said Henry Holtzman's Addition, crossing Lots 55, 56 and 57 of said Martin & Stage's Fairwood Addition, South 87 degrees 51 minutes 02 seconds East, 141.79 feet to a 5/8" rebar set in said lines, the TRUE POINT OF BEGINNING;
Thence continuing along said lines, South 87 degrees 51 minutes 02 seconds East, 21.71 feet to a point at the southeast corner of Lot 32, northeast corner of Lot 31 of said Henry Holtzman's Addition, a point in the west line of a 0.095 acre tract as deeded to the City of Columbus as recorded in Instrument #200308130256821, being referenced by a 1" open pipe with cap marked "PS 6579" found (0.27 feet north, 0.11 feet west);
Thence along the east line of Lot 31 of said Henry Holtzman's Addition, the west line of said 0.95 acre tract, South 06 degrees 51 minutes 04 seconds East, 34.41 feet to a 5/8" rebar set at the southeast corner of Lot 31, the northeast corner of Lot 30 of said Henry Holtzman's Addition, a point in the west line of said 0.095 acre tract;
Thence along the south line of Lot 31, the north line of Lot 30 of said Henry Holtzman's Addition, North 87 degrees 51 minutes 02 seconds West, 27.79 feet to a 5/8" rebar set in said lines;
Thence crossing Lot 31 of said Henry Holtzman's Addition, North 03 degrees 19 minutes 17 seconds East, 33.99 feet to the TRUE POINT OF BEGINNING, containing 0.019 acres, and subject to all legal easements, restrictions, and right-of-way of record.
Anthony J. Robinson, Ohio Surveyor No. 8120, of H.L.G. Engineering and Surveying, Worthington, Ohio, prepared the above description from actual field surveys performed in October 2000 and May 2004. Basis of bearings South 87 degrees 51 minutes 02 seconds East, the south line of The Sebastian/Bohls Family Limited Partnership in Instrument number 199912010297259, was established by P.K. Nail found and used at the southwest corner of Lot 18 of Henry Holtzman's Addition and a ¾" Iron Pipe with cap marked "PS 6579" found near the top of bank of Alum Creek on said south line of The Sebastian/Bohls Family Limited Partnership, which is on the same line as the extended line of the Lot line between Lots 18 and 19 of Henry Holtzman's Addition, the measured distance between said found P.K. Nail and Iron Pipe was 408.13 feet. Iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING.
Section 2. That the Director of the Recreation and Parks Department be, and hereby is authorized to execute a Real Estate Exchange Contract and any ancillary documents, as approved by the Department of Law, Real Estate Division, necessary to grant S & G Properties the following described real property, in exchange for certain real property, described in Section 1 hereof.
EXHIBIT "B"
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 32 & 33 of the Henry Holtzman's Addition in Plat Book 5, Pages 176 and 177, Recorder's Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted) and being a 0.212 acre tract out of Lots 32 and 33 of said Henry Holtzman's Addition, being more particularly described as follows:
Beginning at a 1" pipe bent found and used at the northwest corner of Lot 33 of said Henry Holtzman's Addition in Plat Book 5, Pages 176 and 177, the southwest corner of Lot 122 of the Richard Clayton's Addition in Plat Book 7, Page 44, and being in the north line of Lot 55 of Martin & Stage's Fairwood Addition to the City of Columbus in Plat Book 2, Pages 98 and 99, also in the east right-of-way line of Holtzman Avenue (60' R/W), the TRUE POINT OF BEGINNING;
Thence along the south line of Lot 122 of said Richard Clayton's Addition, the north line of Lot 33 of said Henry Holtzman's Addition and the north line of Lots 55, 56 and 57 of said Martin & Stage's Fairwood Addition, South 87 degrees 51 minutes 02 seconds East, 130.00 feet to a 1" open pipe found at the southwest corner of Lot 122 of said Richard Clayton's Addition, the north line of Lot 33 of said Henry Holtzman's Addition and being in the north line of Lot 57 of said Martin & Stage's Fairwood Addition to the City of Columbus;
Thence crossing Lots 33 and 32 of said Henry Holtzman's Addition, South 05 degrees 51 minutes 10 seconds East, 68.63 feet to a 5/8" rebar set in the south line of Lot 32, the north line of Lot 31 of said Henry Holtzman's Addition;
Thence along the south line of Lot 32, the north line of Lot 31 of said Henry Holtzman's Addition, North 87 degrees 51 minutes 02 seconds West, 141.79 feet to a PK nail found at the southwest corner of Lot 32, the northwest corner of said Henry Holtzman's Addition, the east right-of-way line of said Holtzman Avenue;
Thence along the west line of Lot 32 and 33 of said Henry Holtzman's Addition, the east right-of-way line of said Holtzman Avenue, North 04 degrees 01 minutes 59 seconds East, 68.00 feet to the TRUE POINT OF BEGINNING, containing 0.212 acres, and subject to all legal easements, restrictions, and right-of-way of record.
Anthony J. Robinson, Ohio Surveyor No. 8120, of H.L.G. Engineering and Surveying, Worthington Ohio, prepared the above description from actual field surveys performed in October 2002 and May 2004. Basis of bearings South 87 degrees 51 minutes 02 seconds East, the south line of The Sebastian/Bohls Family Limited Partnership in Instrument number 199912010297259, was established by P.K. Nail found and used at the southwest corner of Lot 18 of Henry Holtzman's Addition and a ¾" Iron Pipe with cap marked "PS 6579" found near the top of bank of Alum Creek on said south line of The Sebastian/Bohls Family Limited Partnership, which is on the same line as the extended line of the Lot line between Lots 18 and 19 of Henry Holtzman's Addition, the measured distance between said found P.K. Nail and Iron Pipe was 408.13 feet. Iron pins set are 5/8"x30" rebar set with yellow plastic cap marked HLG ENGR. & SURVEYING.
Section 3. 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 4. 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 its passage if the Mayor neither approves nor vetoes the same.