Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from adjacent property owners asking that the City sell them the first alley south of East Fifth Avenue from Rarig Avenue to the first alley east of Rarig Avenue. Sale of this alley to Ralston Industries, Inc., East Fifth Avenue Apartments, LLC, William H. and Barbara L. Moberger (Construction One, Inc.), and Mr. Frank Nutis will allow for additional parking and added security for their adjoining properties. 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 subject to the retention of a general utility easement for those utilities currently located within this alley. A value of $5,820.00 has been established by the Department of Law, Real Estate Division, for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to the adjoining property owners for $5,820.00.
Fiscal Impact: The City will receive a total of $5,820.00, to 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 Public Service Department to execute those documents required to transfer the first alley south of East Fifth Avenue from Rarig Avenue to the first alley east of Rarig Avenue to Ralston Industries, Inc., East Fifth Avenue Apartments, LLC, William H. and Barbara L. Moberger (Construction One, Inc.), and Frank Nutis and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request adjacent property owners asking that the City sell them the first alley south of East Fifth Avenue from Rarig Avenue to the first alley east of Rarig Avenue; and
WHEREAS, sale of this alley to Ralston Industries, Inc., East Fifth Avenue Apartments, LLC, William H. and Barbara L. Moberger (Construction One, Inc.), and Mr. Frank Nutis will allow for additional parking and added security for their adjoining properties; 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 right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way; and
WHEREAS, a value of $5,820.00 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 the adjoining property owners for $5,820.00; 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 Ralston Industries, Inc. for $1,117.50; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio, located in CASSADY FIFTH AVENUE ADDITION, a subdivision of record in Plat Book 5, Page 314, being 0.029 acre out of a 15.00 foot wide alley in said subdivision, and being more particularly described as follows:
Beginning at the southeasterly corner of Lot 285 and the southwesterly corner of Lot 286 in said CASSADY Subdivision,
Thence, from said PLACE OF BEGINNING, South 03°45'00" West, crossing a portion of said 15.00 foot wide alley, a distance of 7.50 feet to a point;
Thence, South 86°15'00" East, with the centerline of said alley, a distance of 99.00 feet to a point;
Thence, South 03°45'00" West, crossing a portion of said 15.00 foot wide alley, a distance of 7.50 feet to a point at the northeasterly corner of Lot 305 in said subdivision;
Thence, North 86°15'00" West, with the northerly line of Lots 305, 306, and 307, said lots being conveyed to Ralston Industries, Inc., by Instrument No. 199908030196795, a distance of 125.93 feet to the northwesterly corner of said Lot 307, said point also being in the easterly line of that 3.420 acre tract of land conveyed to Rarig Development, LLC., in Instrument No. 199909070227854;
Thence, North 44°48'35" West, with the westerly terminus of said alley and with the easterly line of said 3.420 acre tract, a distance of 22.66 feet to a point in the southerly line of Lot 284, as conveyed to Donald E. Johnson in Official Record 18039C11, said point also being in the easterly line of said 3.420 acres;
Thence, South 86°15'00" East, with the southerly line of said Lot 284 and the southerly line of Lot 285, as conveyed to Ralston Industries, Inc., in Deed Book 3750, Page 55 and with the northerly line of said alley, a distance of 43.92 feet to the PLACE OF BEGINNING.
Containing 0.029 acre of land, more or less.
Bearings are based on South 03°45'00" West, as given of the easterly line of CASSADY AVENUE ADDITION, a subdivision of record in Plat Book 5, Page 314.
All iron pins set are ¾" iron pipe with a yellow plastic cap stamped "HOY SURV. - P.S. 7313".
All References Are To Records Of The Recorder's Office Franklin County, Ohio.
David B. McCoy, Registered Professional Surveyor No. 7632
Section 2. 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 East Fifth Avenue Apartments, LLC for $1,980.00; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio, located in CASSADY FIFTH AVENUE ADDITION, a subdivision of record in Plat Book 5, Page 314, being 0.045 acre out of a 15.00 foot wide alley in said subdivision, and being more particularly described as follows:
Beginning at the southeasterly corner of Lot 285 and the southwesterly corner of Lot 286 in said CASSADY Subdivision,
Thence, from said PLACE OF BEGINNING, South 86°15'00" East, with the southerly line of Lots 286, 287, 288, 289, 290 and 291, said lots being conveyed to East Fifth Avenue Apartments, LLC, by Instrument No. 200212110317919, a distance of 198.00 feet to the southeasterly corner of said Lot 291, said point also being the southwesterly corner of Lot 292 in said CASSADY subdivision;
Thence, South 03°45'00" West, crossing a portion of said 15.00 foot wide alley, a distance of 7.50 feet to a point;
Thence, North 86°15'00" West, a distance of 33.00 feet to a point;
Thence, South 03°45'00" West, crossing a portion of said 15.00 foot alley, a distance of 7.50 feet to the northwesterly corner of Lot 302 and the northeasterly corner of Lot 303 in said CASSADY subdivision;
Thence, North 86°15'00" West, with the northerly line of Lot 303 and 304, said lots being conveyed to East Fifth Avenue Apartments, LLC, by Instrument No 200212110317919, a distance of 66.00 feet to the northwesterly corner of said Lot 304, said point also being the northeasterly corner of Lot 305 in said CASSADY subdivision;
Thence, North 03°45'00" East, crossing a portion of said 15.00 foot wide alley, a distance of 7.50 feet to a point;
Thence, North 86°15'00" West, a distance of 99.00 feet to a point;
Thence, North 03°45'00" West, crossing a portion of said 15.00 foot wide alley, a distance of 7.50 feet to the PLACE OF BEGINNING.
Containing 0.045 acre of land, more or less.
Bearings are based on South 03°45'00" West, ad given for the easterly line of CASSADY AVENUE ADDITION, a subdivision or record in Plat Book 5, Page 314.
All iron pins set are ¾ inch iron pipe with a yellow plastic cap stamped "HOY SURV. - P.S. 7313".
All references are to records of the Recorder's Office, Franklin County, Ohio.
David B. McCoy, Registered Professional surveyor No. 7632
Section 3. 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 William H. Moberger and Barbara L. Moberger for $2,475.00; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of a 15 foot wide alley located between Lots 291 through 296 and Lots 297 through 302 of Cassady's Fifth Avenue Addition as is recorded in Plat Book 5, Page 314, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a railroad spike set at the southeast corner of said Lot 296, also being the intersection of the north line and the west line of two 15 foot wide alleys;
Thence, along part of the west line of a 15 foot wide north-south alley, South 01 degree 54 minutes 10 seconds East, 7.50 feet to a set railroad spike in the centerline of a 15 foot wide east-west alley;
Thence, along part of said centerline, South 88 degrees 00 minutes 05 seconds West, 33.02 feet to a set railroad spike;
Thence, across part of said east-west alley, South 01 degree 54 minutes 10 seconds East, 7.50 feet to a set iron pin in the south line of said east-west alley, at the northwest corner of said Lot 297 and the northeast corner of said Lot 298;
Thence, along the south line of said east-west alley and along the north line of said Lots 298 through 302, South 88 degrees 00 minutes 05 seconds West, 165.08 feet to a set iron pin at the northwest corner of said Lot 302;
Thence, across part of said east-west alley, North 01 degree 54 minutes 10 seconds West, 7.50 feet to a set railroad spike in the centerline of said east-west alley;
Thence, along part of the centerline of said east-west alley, North 88 degrees 00 minutes 05 seconds East, 33.02 feet to a set railroad spike;
Thence, across part of said east-west alley, North 01 degree 54 minutes 10 seconds West, 7.50 feet to a set railroad spike in the north line of said east-west alley and at the southeast corner of said Lot 291 and the southwest corner of said Lot 292;
Thence, along the north line of said east-west alley and along the south line of said Lots 292 through 296, North 88 degrees 00 minutes 05 seconds East, 165.08 feet to the Point of Beginning, containing 0.057 acres.
Iron pins set are 30" X 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearings is north 88 degrees 00 minutes 05 seconds East on the centerline of East Fifth Avenue per City of Columbus Centerline Survey Plat. This description is based on a field survey by Meyers Surveying Company, Inc on May 11, 2004.
Myers Surveying Company Inc.
Paul T. Dinan, P.S. 7312
Section 4. 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 Frank Nutis for $247.50; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of an east-west 15 foot wide alley located north of Lot 297 of Cassady's Fifth Avenue Addition as is recorded in Plat Book 5, Page 314, Recorder's Office Franklin County, Ohio and being more particularly described as follows:
Commencing at a found railroad spike at the southeast corner of Lot 296 of said Cassady's Fifth Avenue Addition, also being the intersection of the north line and the west line of two 15-foot wide alleys;
Thence, along part of the west line of a 15-foot wide north-south alley, South 01°54'10" East, 7.50 feet to a found railroad spike in the centerline of a 15 foot wide east-west alley and THE TRUE POINT OF BEGINNING of the herein described tract;
Thence, continuing along part of the west line of said 15-foot wide north-south alley, south 01°54'10" East, 7.50 feet to a set iron pipe at the northeast corner of said Lot 297;
Thence, along the north line of said Lot 297 and part of the south line of said 15 foot wide east-west alley, South 88°00'05" West, 32.02 feet to a found 1 inch iron pipe with an orange cap inscribed "P.S. 6579";
Thence, across part of said east-west alley, North 01°54'10" West, 7.50 feet to a found railroad spike in the centerline of said east-west alley;
Thence, along the centerline of said east-west alley, North 88°00'05" East, 32.02 feet to the place of beginning, CONTAINING 0.006 Acres (248 Square Feet).
Iron pins set are 30" X 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearings is North 88°00'05" East on the centerline of East Fifth Avenue per City of Columbus Centerline Survey Plat. This description is based on a field survey by Meyers Surveying Company, Inc., in August, 2005.
Myers Surveying Company, Inc.
Albert J. Myers, P.S. 6579
Section 5. 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 deeds to the grantees thereof.
Section 6. That a general utility easement in, on, over, across and through the above described excess right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess right-of-way.
Section 7. That the $5,820.00 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 8. 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 329.25 with regards to the transfer of these properties.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.