Explanation
Pursuant to Ordinance 0310-2007, passed on March 5, 2007, the City of Columbus, Public Service Department, Transportation Division, transferred a 7 ½ foot ± wide strip of right-of-way along the east line of Fourth Street from Gay Street to a point 75 feet ± north thereof; a 6 foot wide strip of right-of-way along portions of the north line of Gay Street from Fourth Street to Fifth Street; and all of Young Street from the north right-of-way line of Gay Street to the south right-of-way line of Elm Street to Gay Street Condominium, LLC ("the Developer"). Transfer of the above referenced rights-of-way allowed the Developer to begin construction of a multi unit residential condominium development in that area bounded by Fourth Street, Gay Street, Grant Avenue and Long Street. In recognition of the return value this development would provide the City of Columbus, City Council approved the transfer of these rights-of-way at no charge to the developer.
In late November 2007 the Developer contacted the Transportation Division asking that the City transfer to them two (2) additional 6 foot wide by 23 foot long strips of right-of-way along the north line of Gay Street between Fourth Street and Fifth Street. Because these strips fall within the limits of their original request, and were previously researched as a part of the original request, the Transportation Division did not solicit comments a second time from interested parties before determining that the City will not be adversely affected by the transfer of these strips of right-of-way. A value of $7,176.00 has been established for these additional right-of-way transfers, however, in recognition of the findings of the City's Land Review Commission and City Council during the original review of right-of-way transfers in this area, said findings being a substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project, in recognition of the value of future land donations or other services being made to the City by the Developer and in recognition of the significant improvement this development will make to the neighborhood it is the recommendation of the Transportation Division that Columbus City Council waive the Land Review Commission requirements of Columbus City Codes and authorize the transfer of these additional rights-of-way to Gay Street Condominium, LLC at no charge.
Emergency Justification: Emergency action is requested so that these rights-of-way can be transferred, and redevelopment of the area can continue without delay.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer two (2) additional 6 foot wide by 23 feet long strips of right-of-way along the north line of Gay Street between Fourth Street and Fifth Street to Gay Street Condominium, LLC at no charge; to waive the Land Review Commission and the competitive bidding provisions of Columbus City Codes. ; and to declare an emergency.
WHEREAS, pursuant to Ordinance 0310-2007, passed on March 5, 2007, the City of Columbus, Public Service Department, Transportation Division, transferred a 7 ½ foot ± wide strip of right-of-way along the east line of Fourth Street from Gay Street to a point 75 feet ± north thereof; a 6 foot wide strip of right-of-way along portions of the north line of Gay Street from Fourth Street to Fifth Street; and all of Young Street from the north right-of-way line of Gay Street to the south right-of-way line of Elm Street to Gay Street Condominium, LLC ("the Developer"); and
WHEREAS, in recognition of the return value this development would provide the City of Columbus, City Council approved the transfer of these rights-of-way at no charge to the developer; and
WHEREAS, transfer of the above referenced rights-of-way allowed the Developer to begin construction of a multi unit residential condominium development in that area bounded by Fourth Street, Gay Street, Grant Avenue and Long Street; and
WHEREAS, in late November 2007 the Developer contacted the Transportation Division asking that the City transfer to them two (2) additional 6 foot wide by 23 feet long strips of right-of-way along the north line of Gay Street between Fourth Street and Fifth Street; and
WHEREAS, because these strips fall within the limits of the original request, the Transportation Division did not solicit a second round of comments from interested parties before determining that the City will not be adversely affected by the transfer of these strips of right-of-way; and
WHEREAS, a value of $7,176.00 has been established for these additional right-of-way transfers, however, in recognition of the findings of the City's Land Review Commission and City Council during the original review of right-of-way transfers in this area, said findings being a substantial increase in tax revenue, including but not limited to real property and income taxes, generated by the development of this project, in recognition of the value of future land donations or other services being made to the City by the developer and in recognition of the significant improvement this development will make to the neighborhood it is the recommendation of the Transportation Division that Columbus City Council waive the Land Review Commission requirements of Columbus City Codes and authorize the transfer these additional rights-of-way to Gay Street Condominium, LLC at no charge; and now, therefore
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 immediately transfer these rights-of-way to Gay Street Condominium, LLC so that redevelopment of this area can continue without delay thereby preserving the public health, peace, property, safety and welfare; now, therefore
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 Gay Street Condominium, LLC; to-wit:
0.003 ACRE TRACT - STRIP 1
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and lying on, over and across the existing right-of-way of Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at a drill hole found at the intersection of the easterly right-of-way line of Fourth Street (82.50 feet in width) and the southerly right-of-way line of Elm Street (24.00 feet in width), being the northwesterly corner of Lot 26 of Deshler's Addition a subdivision of record in Deed Book 34, Page 1 as conveyed to Westwater Company, AKA Westwater Realty Inc. by deed of record in Volume 3425, Page 73 and Volume 3355, Page 211;
Thence South 08°07'09" East, a distance of 192.00 feet, along part of the existing easterly right-of-way line of said Fourth Street, the westerly line of Lots 26, 25, 24 and 23 of said Deshler's Addition and the westerly line of Lots 22 and 21 of L. Humphrey Subdivision, a subdivision of record in Deed Book 1, Page 30 as conveyed to Westwater Company, AKA Westwater Realty Inc. by deed of record in Volume 3425, Page 73 and Volume 3355, Page 211 and the easterly line of that 0.024 acre tract as conveyed to Gay Street Condominium, LLC by deed of record in Instrument Number 200703230050305 to the southwest corner of said Lot 21;
Thence North 81°44'46" East, a distance of 84.33 feet along the line common to said 0.024 acre tract and Lot 21, to a P.K. nail found at a corner of the northerly right-of-way line of Gay Street and being the TRUE POINT OF BEGINNING;
Thence North 81°44'46" East, a distance of 23.00 feet along the northerly right-of-way line of Gay Street to a P.K. nail found at a corner common to the northerly right-of-way line of Gay Street and that 0.012 acre tract as conveyed to Gay Street Condominium, LLC by deed of record in Instrument Number 200703230050305;
Thence South 08°15'14" East, a distance of 6.00 feet along the line common to the easterly right-of-way line of Gay Street and said 0.012 acre tract to a P.K. nail found;
Thence South 81°44'46" West, a distance of 23.00 feet crossing the right-of-way of Gay Street to a P.K. nail found on the easterly line of said 0.024 acre tract;
Thence North 08°15'14" West, a distance of 6.00 feet along the easterly line of said 0.024 acre tract to the TRUE POINT OF BEGINNING, containing 0.003 acre, more or less.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D.ZANDE".
Bearings are based on the bearing of North 81°44'46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
and
0.003 ACRE TRACT - STRIP 2
Situated in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 25, Township 5, Range 19, Refugee Lands, and lying on, over and across the existing right-of-way of Gay Street, (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Begin, for reference at a P.K. nail found at the southeasterly corner of that 0.110 acre tract as conveyed to Gay Street Condominium, LLC by deed of record in Instrument Number 200703230050305, the southwest corner of Lot 41 of Deshler's Addition, a subdivision of record in Deed Book 34, Page 1 as conveyed to Gay Street Condominium, LLC by deed of record in Instrument Number 200702210030715 and being on the northerly right-of-way line of Gay Street (width varies);
Thence North 81°44'46" East, a distance of 126.23 feet along the line common to part of the northerly right-of-way line of Gay Street, the southerly line of Lots 42, 43, and 44 of said Deshler's Addition as conveyed to Gay street Condominium, LLC by deed of record in Instrument Number 200702210030715, Instrument Number 200702210030716 and Instrument Number 200702210030717 to a P.K. nail found at the corner common to said Lots 44 and 45, and being the TRUE POINT OF BEGINNING;
Thence North 81°44'46" East, a distance of 23.00 feet along the northerly right-of-way line of Gay Street to a P.K. nail found at the corner common to the northerly right-of-way line of Gay Street and that 0.013 acre tract as conveyed to Gay Street Condominium, LLC by deed of record in Instrument Number 200703230050305;
Thence South 08°15'14" East, a distance of 6.00 feet along the line common to the easterly right-of-way line of Gay Street and said 0.013 acre tract to a P.K nail found;
Thence South 81°44'46" West, a distance of 23.00 feet crossing the right-of-way of Gay Street to a P.K. nail found on the easterly line of said 0.012 acre tract;
Thence North 08°15'14" West, a distance of 6.00 feet along the easterly line of said 0.012 acre tract to the TRUE POINT OF BEGINNING, containing 0.003 acre, more or less.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a yellow cap bearing the name "R.D.ZANDE".
Bearings are based on the bearing of North 81°44'46" East for the northerly right-of-way line of Gay Street, as determined by a network of GPS field observations performed in August, 2006. Ohio State Plane Coordinate System, South Zone, 1986 Adjustment.
R.D. Zande & Associates, Inc.
Robert J. Sands P.S.
Professional Surveyor No. S-8053
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 this Council has determined it is in the best interest of the City of Columbus to allow these additional rights-of-way to be transferred without requiring a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.03 with regards to the transfer of these rights-of-way.
Section 4. That this Council has determined it is in the best interest of the City of Columbus to allow these additional rights-of-way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.29 with regards to the transfer of these rights-of-way.
Section 5. 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.