Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Mr. Michael Linsker, asking that the City sell a 0.005 acre portion of the unimproved alley west of Kerr Street between Lincoln and Brickel Streets, adjacent to property owned by Mr. Linsker, located at 59-61 Lincoln Street. Transfer of this right-of-way will facilitate improvements to the adjacent property owned by Mr. Michael Linsker. Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, 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 right-of-way. 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 $574.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Mr. Michael Linsker for $574.00.
2. FISCAL IMPACT:
The City will receive a total of $574.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.005 acre portion of the unimproved alley west of Kerr Street between Lincoln and Brickel Streets, adjacent to property owned by Mr. Linsker, located at 59-61 Lincoln Street.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Mr. Michael Linsker asking that the City transfer a 0.005 acre portion of the unimproved alley west of Kerr Street between Lincoln and Brickel Streets, adjacent to property owned by Mr. Linsker, located at 59-61 Lincoln Street, to him; and
WHEREAS, acquisition of the right-of-way will facilitate improvements to the adjacent property owned by Mr. Michael Linsker; and
WHEREAS, the City of Columbus, Department of Public Service, Division of Planning and Operations, by this transfer, extinguishes its need for this public right-of-way; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, 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 right-of-way to Mr. Michael Linsker; and
WHEREAS, 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; and
WHEREAS, a value of $574.00 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 Mr. Michael Linsker for the amount of $574.00; and 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 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 Mr. Michael Linsker; to-wit:
DESCRIPTION OF A 0.005 ACRE PARCEL OF LAND.
Situate in the City of Columbus, County of Franklin, State of Ohio and being all out of a 10 foot Alley, as dedicated in plat John McCann Etal, Subdivision of Lots No. 19-20 in William A. Gill's 1st Addition to the City of Columbus of record in Plat Book 3, Page 265, all references to records being on file in the Office of the Recorder, Franklin County, Ohio, said 0.005 acre parcel being more fully described herein;
Beginning for reference at an 3/4 " Iron Pin Found at the northeast comer of Lot 2 of said John McCann Etal, Subdivision said point also being the northeast comer of a part of Lot 2 conveyed to James L. & Nancy S. Zafris of record in Instrument Number 199711030133505;
Thence, S 00°13'51" E with the west line of said Kerr Street (50') of record in Plat Book 2, Page 209 and the east line of said Lot 2, passing a 3/4" iron pin found (bent and spun) at a distance of 67.00 feet, 0.20 feet right of line, a total distance of 100.30 feet to an 3/4" Iron Pin Found at the southeast comer of said Lot 2 as conveyed to James L. & Nancy S. Zafris Exhibit "A" tract of record in Instrument Number 200902250025947;
Thence, S 89°57'54" W with the south line of said Lot 2 and in the north line of said 10 foot alley, a distance of 50.00 feet to an Iron Pin Set at the southwest comer of said James L. & Nancy S. Zafris Exhibit "A" tract, said point also being the northwest comer of a 701.25 square foot parcel of land conveyed to James L. & Nancy S. Zafris of record in Instrument Number 200902250025947, Exhibit "B", and the True Point of Beginning;
Thence, S 00°02'06" E with the line of said 701.25 square foot parcel, and across said 10' alley, a distance of 5.00 feet to an Iron Pin Set at a common comer of said 701.25 square foot parcel;
Thence, S 89°57'54" W with the north line of said 701.25 square foot parcel and continuing in said 10' alley, a distance of 40.25 feet to Mag Spike Set at the northwest comer of said 701.25 square foot parcel;
Thence, N 00°02'06" W across the north half of a 10' alley as shown said John McCann Etal, Subdivision, a distance of 5.00 feet to Mag Spike Set on the north line of said 10 foot alley and at the southwest corner of said Lot 2 as conveyed to Linsker Holdings, LLC of record in Instrument Number 201306130098320 said point being further referenced by a 5/8" Iron Pin Found with a cap inscribed 6579 which bears N 00°25'49" W a distance of 100.31 feet;
Thence, N 89°57'54" E with the south line of said Lot 2 and in the north line of said 10' alley, a distance of 40.25 feet to True Point of Beginning containing 0.005 acres of land, subject to all easements and documents of record.
For the purpose of this description a bearing of S 00° 13' 51" E was held on West line of Kerr Street, and is based on an assumed meridian. This document is based on a survey completed by Robert W. Martin in October of the year 2013. All Iron Pin's set are 30" x %" J.D. galvanized iron pipe with a cap inscribed P.S. 8114;
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 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 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 $574.00 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 ordinance shall take effect and be in force from and after the earliest period allowed by law.