Explanation
Railroad Street, from Neil Avenue east to Kilbourne Street, is publicly dedicated right-of-way currently controlled by the Public Service Department, Transportation Division. The City of Columbus, Department of Finance and Management, Real Estate Management Office, has requested that this portion of Railroad Street be abandoned as public right-of-way so that this area can be combined with adjacent City owned real estate to create a 2.447-acre tract of developable property within the Arena District.
After investigation is has been determined that there are utilities currently located within this right-of-way that must be protected through the retention of a general utility easement. A general utility easement will be retained for those utilities with facilities currently located within this area, more fully described in the body of this legislation, until such time as their relocation is complete. When the utility relocation is complete the retained general utility easement will be released.
The following legislation abandons that portion of Railroad Street from Neil Avenue east to Kilbourne Street as public right-of-way and authorizes the transfer of this asset from the Public Service Department to the Department of Finance and Management.
Emergency Justification: Emergency action is requested to allow this portion of Railroad Street to be abandoned as right-of-way as quickly as possible so property consolidation can proceed without delay.
Title
To abandon that portion of Railroad Street from Neil Avenue east to Kilbourne Street as public right-of-way to allow for combination of this area with adjacent City owned property to create a 2.447-acre tract of developable property within the Arena District; to authorize the transfer of this asset from the Public Service Department to the Department of Finance and Management; and to declare an emergency.
Body
WHEREAS, Railroad Street, from Neil Avenue east to Kilbourne Street, is publicly dedicated right-of-way controlled by the Public Service Department, Transportation Division; and
WHEREAS, the City of Columbus, Department of Finance and Management, Real Estate Management Office, has requested that this portion of Railroad Street be abandoned as public right-of-way so that this area can be combined with adjacent City owned real estate to create a 2.447-acre tract of developable property within the Arena District; and
WHEREAS, after investigation is has been determined that a general utility easement must be retained for those utilities with facilities currently located within this public right-of-way until such time as their relocation is complete, at which time the retained general utility easement will be released; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary for the Public Service Department to abandon this portion of Railroad Street as public right-of-way and transfer this asset to the Department of Finance and Management so property consolidation can proceed 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 following described portion of Railroad Street be and hereby is abandoned as publicly dedicated right-of-way:
Situate in the State of Ohio, Franklin County, City of Columbus, lying in Half Section 10, Township 6, Range 22, Refugee Lands, and being 0.509 acre of that 0.604 acre tract (Railroad Street, 50 foot in width) as conveyed to the City of Columbus by deed of record in Instrument Number 199912300318818 (all records herein are from the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at a 13/16 inch iron pipe found with a cap stamped "EMHT" at the northwesterly corner of Columbus Convention Center Drive (variable width) as established and recorded in Plat Book 109, Pages 86 and 87 and being the southeasterly corner of said 0.604 acre tract and being on the southerly right-of-way line of Railroad Street;
Thence the following two (2) courses and distances along the lines common to said 0.604 acre tract and the 4.912 acre tract as conveyed to NWD Investments, LLC by deed of record in Instrument Number 1999021800411487
1. North 88°58'37" West a distance of 391.46 feet, to a ¾ inch iron pipe found;
2. North 64°21'44" West, a distance of 95.43 feet, to a 13/16 inch iron pipe found with a cap stamped "EMHT" on the easterly right-of-way line of Neil Avenue (variable width) as accepted, dedicated and named by Ordinance Number 0536-2006 by the City of Columbus;
Thence North 00°57'56" East, a distance of 10.25 feet, to a ¾ inch iron pipe set on the northerly right-of-way line of said Railroad Street, being on the southerly line of that 2.172 acre tract as conveyed to the City of Columbus by deed of record in Instrument Number 199912300318817;
Thence South 88°58'37" East a distance of 478.19 feet, along the line common to said 0.604 and 2.172 acre tracts to the westerly right-of-way line of Columbus Convention Center Drive as established by said Ordinance Number 0536-2006 by the City of Columbus;
Thence South 00°58'45" West, a distance of 50.00 feet, along said westerly right-of-way line of Columbus Convention Center Drive, to the POINT OF BEGINNING, containing 0.509 acre, more or less.
The bearings shown hereon are based on an assumed meridian in which the former southerly right-of-way line of Railroad Street bears North 88°58'37" West.
All iron pins set are ¾ inch iron pipes, 30 inches in length with a yellow cap bearing the name "R.D. ZANDE".
R.D. Zande & Associates, Inc.
Robert J. Sands, P.S. #8053
Section 2. That the above described portion of Railroad Street shall be combined with adjacent City owned real estate to create a 2.447-acre tract of developable property within the Arena District.
Section 3. That control of this asset shall be transferred from the Public Service Department to the Department of Finance and Management.
Section 4. That a general utility easement in, on, over, across and through the above described right-of-way shall be and hereby is retained for those utilities currently located within said right-of-way.
Section 5. 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 further legislative action required by the City.
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.