Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Christopher A. Owens and Jennifer L. Owens, property owners and applicants, to sell a portion of the City right-of-way. The portion is 1,680 square foot. (0.039 Acres) The portion details are as follows: N 6TH ST - Alley adjacent to and north of PID - 010-300828. Right-of-way area is an unnamed alley running east / west directionally. It is the only alley between 8th and 9th with 6th street abutting on the west of the portion and an unnamed alley abutting on the east with Grant Ave ½ block further to the east.
The intended use for the portion of right-of-way is to build a duplex on the two parcels they own at this location and this portion of right-of-way added to the parcels will allow for more room for the new build. The Department of Public Service has agreed to sell the right-of-way as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way.
Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, before it was determined that the City will not be adversely affected by the transfer of this right-of-way. There will be no General Utility Easement retained over the portion.
The Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $21,840.00 was established. This request went before the Land Review Commission on June 17, 2021. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Christopher Owens at the cost of $21,840.00.
2. FISCAL IMPACT:
The City will receive a total of $21,840.00 and the funds are to be deposited in Fund 7748, Project P537650, 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 necessary for the transfer of a 0.039 acre portion of right-of-way abutting Sixth Street to Christopher and Jennifer Owens. ($21,840.00)
Body
WHEREAS, The City of Columbus, Department of Public Service, received a request from Christopher A. Owens and Jennifer L. Owens, property owners and applicants, to sell a portion of the City right-of-way. The portion is 1,680 square foot. (0.039 Acres) The portion details are as follows: N 6TH ST - Alley adjacent to and north of PID - 010-300828. Right-of-way area is an unnamed alley running east / west directionally. It is the only alley between 8th and 9th with 6th street abutting on the west of the portion and an unnamed alley abutting on the east with Grant Ave ½ block further to the east; and
WHEREAS, the intended use for the portion of right-of-way is to build a duplex on the two parcels they own at this location and this portion of right-of-way added to the parcels will allow for more room for the new build; and
WHEREAS, the Department of Public Service has agreed to sell the right-of-way as described and shown within attached legal description and exhibit, and 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 the applicable area commission, before it was determined that the City will not be adversely affected by the transfer of this right-of-way. There will be no General Utility Easement retained over the portion; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $21,840.00 was established; and
WHEREAS, this request went before the Land Review Commission on June 17, 2021; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Christopher A. Owens and Jennifer L. Owens at the cost of $21,840.00.; 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 a quit claim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the legal description as described below and attached exhibit of right-of-way to Christopher A. Owens and Jennifer L. Owens; to-wit:
SECTION 2. That the attached 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 quitclaim deed to the grantee thereof.
SECTION 3. That a general utility easement shall not be retained 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 City will receive a total of $21,840.00, to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.