Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, received a request from Continental Real Estate Companies, on behalf of 1421 O.R.R. Realty, LLC. (The Company) and current owner is asking that the City transfer a 0.190 acre parcel of the Olentangy River Road right-of-way adjacent property owner by The Company located at 1421 Olentangy River Road. The Company plans to construct a hotel on the property, and this parcel is necessary to meet required zoning requirements for parking and setbacks. Per current practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the proposed transfer to The Company. The Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $19,862.40 was established for this right-of-way. After review, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to The Company for $19,862.40.
2. FISCAL IMPACT
The City will receive a total of $19,862.40, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested 0.190 acre parcel of the Olentangy River Road right-of-way.
3. EMERGENCY JUSTIFICATION
The adjacent property owner has voiced their desire to commence construction immediately; therefore they are requesting that the City expedite the transfer of this right-of-way.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.190 acre parcel of the west side of Olentangy River Road right-of-way to the adjacent property owner located at 1421 Olentangy River Road; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Continental Real Estate Companies, on behalf of 1421 O.R.R. Realty, LLC. (The Company) and current owner asking that the City transfer a 0.190 acre parcel of the Olentangy River Road right-of-way to the adjacent property owner located at 1421 Olentangy River Road; and
WHEREAS, The adjacent owner plans to redevelop the property through the construction of a hotel on the west side of Olentangy River Road; and
WHEREAS, the acquisition of this .0190 acre parcel is necessary in order to meet requirements for parking and setbacks; and
WHEREAS, per current practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within this right-of-way, the City will not be adversely affected by the transfer of this .0190 acre parcel to the adjacent property owner; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, by asking that they establish a value for this right-of-way; and
WHEREAS, a value of $19,862.40 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to the adjacent property owner for $19,862.40; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to execute those documents necessary to transfer the above referenced 0.190 acre parcel to the adjacent property owner so construction of the proposed facility can begin as scheduled in March of 2010 thereby preserving 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 Department of Public Service be and is hereby authorized to execute a quit claim deed and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to transfer the following described right-of-way to the adjacent property owner, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 3, Township 1, Range 18, United States Military District, being part of Lots 4 and 5 as shown on Subdivision of Lots 3 and 7 of the Old Franklin County Infirmary Farms lots of record in Plat Book 3, Page 175, being part of that 2.5596 acre tract conveyed to The City of Columbus, Ohio of record in Deed Book 1017, Page 29, and described as follows:
Beginning for reference, in the centerline of Fifth Avenue at the southeast corner of that 0.21 acre tract conveyed to The Chesapeake and Ohio Railway Company of record in Deed Book 1018, Page 63;
thence North 11° 28' 29" West, a distance of 186.83 feet, with the east line of said 0.21 acre tract and partly with the west line of that 0.880 acre tract conveyed to Marathon Ashland Petroleum LLC of record in Instrument Number 199802090029128, to an iron pin set at a corner common to that 1.821 acre tract conveyed to 1421 O.R.R. Realty, LLC of record in Official Record 34085C18 and said 0.880 acre tract;
thence South 85° 56' 18" East, a distance of 256.18 feet, with the south line of said 1.821 acre tract and the north line of said 0.880 acre tract, to a ¾ inch iron pipe found at a common corner thereof, in the west right-of-way Olentangy River Road, the True Point of Beginning;
thence with the east line of said 1.821 acre tract, the west line of said 2.5596 acre tract, and said west right-of-way, the following courses:
North 11° 08' 34" West, a distance of 173.81 feet, to a railroad spike found;
North 01° 37' 50" West, a distance of 139.29 feet, to a railroad spike found at the northeast corner of said 1.821 acre tract, the northwest corner of said 2.5596 acre tract, and the southeast corner of that 2.100 acre tract conveyed to Campus Hotel, LLC of record in Instrument Number 200501030000321;
thence South 87° 30' 02" East, a distance of 27.08 feet, with the north line of said 2.5596 acre tract, to an iron pin set;
thence South 04° 29' 35" East, a distance of 310.52 feet, across said 2.5596 acre tract, to an iron pin set in the line common to said 1.821 and 0.880 acre tracts extended;
thence North 85° 56' 18" West, a distance of 13.87 feet, with the line common to said 1.821 and 0.880 acre tracts extended, to the True point of Beginning, containing 0.190 acre, more or less.
Of the above described 0.190 acre, 0.097 acre is from said Lot 4 and 0.093 acre is from said Lot 5.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record
Bearings are based on the Ohio State Plane Coordination System as per NAD83 (1986 adjustment). Control for bearings was from coordinates of monuments 5-83 & 4-83, having a bearing North 00° 22' 10" West, for the west limited access right-of-way of said Olentangy River Road, established by the Franklin County Engineering Department, using Global Positioning System procedures and equipment.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
This survey was prepared by Evans, Mechwart, Hambleton & Tilton, Inc. from existing records and actual field surveys performed in August, 2008.
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.
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 Directors execution and delivery of said quit claim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the above described right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said right-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement area the Director of the Department of Public Service is hereby authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the city.
Section 5. That the $19,862.40 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 6. That this Council has determined it is in the best interest of the City of Columbus to allow this right-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 this right-of-way
Section 7. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, 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.