header-left
File #: 2208-2014    Version: 1
Type: Ordinance Status: Passed
File created: 9/22/2014 In control: Public Service & Transportation Committee
On agenda: 10/20/2014 Final action: 10/22/2014
Title: To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.023 acre portion of the right-of-way adjacent to North High Street, between East Long and East Spring Streets, adjacent to property owned by Schiff Capital Group, LLC., located at 8 East Long Street.
Explanation
 
1. Background:
The City of Columbus, Department of Public Service, received a request from Schiff Capital Group, LLC., asking that the City sell a 0.023 acre portion of the right-of-way adjacent to North High Street, between East Long and East Spring Streets. Transfer of this right-of-way will facilitate the re-development of property adjacent to the above noted right-of-way located at 8 East Long Street, owned by Schiff Capital Group, LLC.  
 
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 $1,336.50 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 Schiff Capital Group, LLC. for $1,336.50.
 
2. FISCAL IMPACT:
The City will receive a total of $1,336.50 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 0.023 acre portion of the right-of-way adjacent to North High Street, between East Long and East Spring Streets, adjacent to property owned by Schiff Capital Group, LLC., located at 8 East Long Street.  
 
 
Body
 
WHEREAS, the City of Columbus, Department of Public Service, received a request from Schiff Capital Group, LLC. asking that the City transfer a 0.023 acre portion of the right-of-way adjacent to North High Street, between East Long and East Spring Streets, adjacent to property owned by Schiff Capital Group, LLC., located at 8 East Long Street, to them; and
 
WHEREAS, acquisition of the right-of-way will facilitate the re-development of the adjacent property owned by Schiff Capital Group, LLC; and
 
WHEREAS, the City of Columbus, Department of Public Service, 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 Schiff Capital Group, LLC; 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 $1,336.50 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 Schiff Capital Group, LLC for the amount of $1,336.50; 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 Schiff Capital Group, LLC.; to-wit:
 
 
Description of a 0.023 ACRE Parcel of Land
 
 Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 16, Township 5, Range 22, Refugee Lands, being part of Lafayette Street, originally platted as Mulberry Street as part of the subdivision entitled "Plat of the Town of Columbus", recorded in Deed Book F, Page 332, destroyed by fire and re-platted in Plat Book 3, Page 247, also represented in Plat Book 14, Page 27, (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and more particularly bounded and described as follows:
 
 BEGINNING at a mag nail set at the intersection of the easterly right of way line of North High Street with the northerly right of way line of said Lafayette Street, at the southwesterly corner of Lot 318 of said subdivision;
 
Thence North 81o 53' 23" East, with the southerly line of said Lot 318, distance of 30.00 feet to a P.K. nail found at the northwesterly corner of that portion of Lafayette Street vacated by Ordinance Number 2531-95;
 
 Thence South 08° 06' 37" East, with the westerly line of said vacated Lafayette Street, a distance of 33.00 feet to a P.K. nail found at the southwesterly corner thereof, in the northerly line of Lot 319 of said subdivision;
 
 Thence South 81° 53' 23" West, with said northerly line, a distance of 30.00 feet to a P. K. nail found in the easterly right of way line of said High Street;
 
 Thence North 08° 06' 37" West, with said easterly right of way line, a distance of 33.00 feet to the POINT OF BEGINNING, containing 0.023 acre of land, more or less.
 
 Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
 
 Bearings contained herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (1986). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and observations of selected Franklin County Engineering Department monuments 4-83 and 13-83. The portion of the right-of-way line of East Long Street, having a bearing of South 81° 53' 23" West, is designated the "basis of bearing" for this survey.
EVANS, MECHWART, HAMBLETON & TILTON, 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 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 $1,336.50 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.