Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Jeffrey L. Brown, Esq., on behalf of Pizza Hut of America, Inc., asking that the City sell them that right-of-way identified as the unimproved alley north of Stewart Avenue from Parsons Avenue to the alley east thereof. Sale of this right-of-way will allow for property consolidation and provide enough area to allow for the development of a new store. 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. The Department of Law, Real Estate Division, established a total value of $1,843.63 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to Pizza Hut of America, Inc., for the value established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $1,843.63, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Emergency Justification: Design work for the proposed redevelopment of this site is ongoing and emergency action is requested to allow the construction of the new facility to proceed immediately upon transfer of this excess right-of-way.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer that right-of-way identified as the unimproved alley north of Stewart Avenue from Parsons Avenue to the alley east thereof to Pizza Hut of America, Inc., for a total of $1,843.63, 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 Jeffrey L. Brown, Esq., on behalf of Pizza Hut of America, Inc., asking that the City sell them that right-of-way identified as the unimproved alley north of Stewart Avenue from Parsons Avenue to the alley east thereof; and
WHEREAS, sale of this right-of-way to Pizza Hut of America, Inc., will allow for property consolidation and will provide enough area to allow for the development of a new store; 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 excess right-of-way; and
WHEREAS, a value of $1,843.63 was established for this right-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to Pizza Hut of America, Inc., for a total of $1,843.63; 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 this excess right-of-way to Pizza Hut of America, Inc., without delay so that construction of the proposed new facility can proceed as currently scheduled 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 Pizza Hut of America, Inc., for $1,843.63; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio, and known as all of a 7 foot alley between Parsons Avenue (60 feet wide) and Lisle Alley (20 feet wide) as shown on the plat of L.D. Davies Subdivision as recorded in Plat Book 4, Page 83 of said Franklin County's records, and being further bounded and described as follows:
Commencing at the northwest corner of Lot 1 in said L.D. Davies Subdivision and at the intersection of the east right of way line of said Parsons Avenue and the south right of way line of said 7 foot alley, said point also being the True Place of Beginning of the parcel of land hereinafter described, thence clockwise along the following four (4) courses and distances:
1) Thence N 3°38'19" E for a distance of 7.00 feet to the southwest corner of Lot 367 of Blesch and Kremers Subdivision as recorded in Plat Book 4, Page 307 and the intersection of the east right of way line of said Parsons Avenue and the north right-of-way line of said 7 foot alley;
2) Thence with the south line of said Lot 367 and the north right-of-way line of said 7 foot alley, S 86°19'32" E for a distance of 120.00 feet to the southeast corner of said Lot 367 and the intersection of the north right of way line of said 7 foot alley and the west right of way line of said Lisle Alley;
3) Thence S 3°38'19" W for a distance of 7.00 feet to a 5/8" rebar with "GPD" cap set on the south right of way line of said 7 foot alley and on the north line of said Lot 1;
4) Thence with the south right of way line of said 7 foot alley and the north line of said Lot 1, N 86°19'32" W for a distance of 120.00 feet to the True Place of Beginning and containing 0.0193 of an acre (840 sq. ft.) of land, more or less, as surveyed under the supervision of James E. Karing, PS Number 7539, for GPD Associates, in November of 2005.
Basis of Bearings is State Plane Grid North, Ohio North Zone, NAD 1983.
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 the $1,843.63 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 748, Project 537650.
Section 4. 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 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 its passage if the Mayor neither approves nor vetoes the same.