Explanation
1. Background
The Department of Public Service received a request from NWD Investments, LLC requesting the City transfer ownership of a 3,310-square-foot (0.076-acre) portion of public right-of-way near 135 Spruce Street to clear title for adjacent development.
The subject right-of-way, currently known as Middle Alley, is located south of Spruce Street and east of Kilbourne Street. The area primarily runs north/south for approximately 150 (±) feet with a width of 20 (±) feet, and includes a small interconnected portion running east/west for approximately 25 (±) feet with a width of 10 (±) feet. The right-of-way is entirely bounded by adjacent parcels 010-039814, 010-010155, 010-031884, and 010-042166 to the east, and parcels 010-020625 and 010-041909 to the west.
Transfer of this right-of-way will allow consolidation of the surrounding parcels for future development on the site. The Department of Public Service has agreed to transfer the right-of-way via a quitclaim deed 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, 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 City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $66,200.00 was established.
This request went before the Land Review Commission on September 17, 2026. After review of the request, the Land Review Commission voted to recommend the above-mentioned right-of-way be transferred to NWD Investments, LLC at the cost of $66,200.00 to them.
2. FISCAL IMPACT
The City will receive a total of $66,200.00 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 0.076 acre portion of right-of-way located near 135 Spruce Street to NWD Investments, LLC. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from NWD Investments, LLC asking the City to transfer a 3,310-square-foot (0.076-acre) portion of public right-of-way near 135 Spruce Street; and
WHEREAS, said right-of-way area is currently known as Middle Alley, situated south of Spruce Street and east of Kilbourne Street; and
WHEREAS, the legal description of the area encompasses a north/south segment extending approximately 150 ± feet in length and 20 ± feet in width, along with an east/west segment extending approximately 25 ± feet in length and 10 ± feet in width; and
WHEREAS, this right-of-way is directly abutted by parcels 010-039814, 010-010155, 010-031884, and 010-042166 to the east, and parcels 010-020625 and 010-041909 to the west; and
WHEREAS, transfer of this right-of-way will allow consolidation of the surrounding parcels for future development on the site; and
WHEREAS, the Department of Public Service has agreed to transfer via quitclaim deed 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, 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; 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 $66,200.00 was established; and
WHEREAS, this request went before the Land Review Commission on September 17, 2026; and
WHEREAS, after reviewing the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to NWD Investments, LLC at the cost of $66,200.00; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute the documents necessary to transfer this right-of-way, via quitclaim deed to NWD Investments, LLC; 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 hereby is, authorized to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the right-of-way described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to NWD Investments, LLC; to-wit:
0.076 ACRE
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 10, Township 5, Range 22, Refugee Lands being part of Middle Alley (20’ wide), as dedicated by that plat titled “Park Addition”, of record in Plat Book 2, Page 51, and part of Rodebaugh Alley (10’ wide), as dedicated by that plat titled “Neil & Rodebaugh Subdivision”, of record in Plat Book 2, Page 157, (all references are to the records of the Recorder’s Office, Franklin County, Ohio unless otherwise noted) and being more particularly described as follows:
BEGINNING at an iron pin set at the intersection of the southerly right-of-way line of Spruce Street (width varies) and the easterly right-of-way line of said Middle Alley, and at the northwesterly corner of Lot 35 of said “Park Addition”,
Thence South 03° 29' 42" West, with the easterly right-of-way line of said Middle Alley, the westerly lines of said Lot 35 and Lots 34, 33 and 32 of said “Park Addition”, (passing a 3/4-inch iron pipe found at 75.37 feet) a total distance of 150.93 feet to an iron pin set at southerly terminus of said easterly right-of-way line, the common corner of said Lot 32, Lot 31 of said “Park Addition” and that 3015 square foot tract conveyed to HP Land Development, Ltd by deeds of record in Instrument Numbers 201912040162541, being the northeasterly corner of that portion of Middle Alley declared as “excess Road Right-of-Way” in Ordinance 495-00 and as terminated on the conveyance by deed recorded Instrument Number 200004130072069;
Thence North 86° 30' 11" West, with the northerly line of said 3015 square foot tract, being the northerly line of said portion of Middle Alley (ORD. 495-00), a distance of 20.00 feet to an iron pin set at the southerly terminus of the westerly right-of-way line of said Middle Alley, the common corner of said 3015 square foot tract and Lots 57 and 58 of said “Park Addition”, being the northwesterly corner of said portion of Middle Alley (ORD. 495-00);
Thence North 03° 29' 42" East, with the westerly right-of-way line of said Middle Alley and the easterly line of said Lot 57, distance of 37.83 feet to a 3/4-inch iron pipe found at the intersection of said westerly right-of-way line and the southerly right-of-way line of said Rodebaugh Alley, the northeasterly corner of said Lot 57, being the southeasterly corner of said “Neil & Rodebaughs Subdivision”;
Thence North 86° 30' 11" West, said southerly right-of-way line, the southerly line of said “Neil & Rodebaughs Subdivision” and the northerly line of said Lot 57, a distance of 27.95 feet to a 3/4-inch iron pipe found bent at the westerly terminus of said southerly right-of-way line, and the southeasterly corner of that 1120 square foot tract conveyed to HP Land Development, Ltd by deeds of record in Instrument Number 201912040162541, being the southeasterly corner of that portion of Rodebaugh Alley declared as “Excess Road Right-of Way” in Ordinance 495-00 and as terminated on the conveyance by deed recorded Instrument Number 200004130072069;
Thence North 03° 29' 42" East, with the easterly line of said 1120 square foot tract, being the easterly line of said portion of Rodebaugh Alley (ORD. 495-00), a distance of 10.00 feet to an iron pin set at the westerly terminus of the northerly right-of-way line of said Rodebaugh Alley, and the common corner of Lots 9 and 10 of said “Neil & Rodebaughs Subdivision”, being the northeasterly corner of said Rodebaugh Alley (ORD 495-00);
Thence South 86° 30' 11" East, with said northerly right-of-way line, the southernly line of Lot 10, a distance of 27.95 feet to an iron pin set at the intersection of said northerly right-of-way line and the westerly right-of-way line of said Middle Alley, and at the southeasterly corner of said Lot 10, being in the easterly line of said “Neil & Rodebaughs Subdivision”, (referencing a 1-inch solid iron pin found, South 50° 54’ 59” West, a distance of 1.43 feet);
Thence North 03° 29' 42" East, with said westerly right-of-way line, the easterly line of said Lot 10, being the easterly line of said “Neil & Rodebaughs Subdivision”, a distance of 103.15 feet to an iron pin set at the right-of-way intersection of said westerly right-of-way line and the southerly right-of-way line of said Spruce Street, the northeasterly corner of said Lot 10;
Thence South 86° 21' 48" East, with the southerly right-of-way line of said Spruce Street, (passing a 3/4-inch iron pipe found at 2.37 feet) a total distance of 20.00 feet to the POINT OF BEGINNING, containing 0.076 acre, more or less, of which, 0.007 acre lies in the present right-of-way occupied by Rodebaugh Alley and 0.069 acre lies in the present right-of-way occupied by Middle Alley
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
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.
The bearings herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986 Adjustment). The portion of the southerly right-of-way line of Spruce Street, having a bearing of South 86° 21' 48" West and monumented as shown hereon, is designated as the "basis of bearings" for this survey.
This description is based on an actual field survey performed by or under the direct supervision of Joshua M. Meyer, Professional Surveyor Number 8485, in October 2023.
SECTION 2. That the attached referenced real property shall be, and hereby is, 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 in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be 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 $66,200.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 7748, Project P537650.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.