Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Board of Trustees, Columbus Metropolitan Library asking that the City transfer them a 5,401 square foot portion (0.124 acre) of the right-of-way adjacent and to the rear of 2223 Cleveland Avenue, and is located between two parcels the applicant owns (PID 010-005907 and PID 010-060998).
Sale of this right-of-way will facilitate the combining of parcels and allowing the redevelopment of property adjacent to the above noted right-of-way. Applicant is working on a renovation and expansion project for the Columbus Metropolitan Library, Linden Branch.
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 $10,800.00 was established. Board of Trustees, Columbus Metropolitan Library requested mitigation to zero cost. This request went before the Land Review Commission on April 18, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Board of Trustees, Columbus Metropolitan Library at no cost to them.
2. FISCAL IMPACT:
The City will receive no funds for this transfer.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of 0.124 acre portion of right-of-way adjacent and to the rear of 2223 Cleveland Avenue to the Board of Trustees, Columbus Metropolitan Library. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Board of Trustees, Columbus Metropolitan Library asking that the City transfer them a 5,401 square foot portion (0.124 acre) of the right-of-way adjacent and to the rear of 2223 Cleveland Ave, and is located between two parcels the applicant owns (PID 010-005907 and PID 010-060998); and
WHEREAS, the purpose of the transfer is to facilitate the combining of parcels and allowing the redevelopment of property adjacent to the above noted right-of-way. Applicant is working on a renovation and expansion project for the Columbus Metropolitan Library, Linden Branch; and
WHEREAS, the Department of Public Service has agreed to transfer 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 $10,800.00 was established; and
WHEREAS, this request went before the Land Review Commission on April 18, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Board of Trustees, Columbus Metropolitan Library at no cost to them; 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 Board of Trustees, Columbus Metropolitan Library; to-wit:
DESCRIPTION OF 0.024 ACRE
WEST SIDE OF CLEVELAND AVENUE
BETWEEN KOHR PLACE AND KENMORE ROAD
COLUMBUS, OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 18, United States Military Lands, being a portion of Lots 6, 7, 8, 9 and 10 as shown and delineated on the plat Maple View Addition, of record in Plat Book 7, Page 414, all references herein being to the records of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the intersection of the northerly right-of-way line of Kenmore Road, originally dedicated as Gregory Avenue (see Columbus Ord. No. 36656), 40 feet in width (originally 32 feet wide plus an additional 8.00 feet of record in Deed Book 458, Page 263), with the westerly right-of-way line of Cleveland Avenue, 60 feet in width, and also being the southeasterly corner of Lot 10 as described in a deed to Board of Trustees of Columbus Metropolitan Library, of record in Instrument Number 200101230014607;
Thence North 86°31’58” West, along said northerly right-of-way line, a distance of 20.00 feet to an iron pin set;
Thence into and through the aforementioned Lots the following courses:
1. North 59°29’44” East, a distance of 23.47 feet to an iron pin set;
2. North 25°31’25” East, a distance of 30.53 feet to a Mag Nail set;
3. South 64°28’35” East, a distance of 2.01 feet to a Mag Nail set;
4. North 25°31’25” East, a distance of 205.29 feet to a Mag Nail set in the northerly line of Lot 6, the southerly right-of-way line of Kohr Place, 50 feet in width;
Thence South 86°24’46” East, along said right-of-way line, a distance of 3.68 feet to a Mag Nail set at the northeasterly corner of Lot 6 and at the intersection of the westerly right-of-way line of Cleveland Avenue;
Thence South 25°31’25” West, along said westerly right-of-way line, a distance of 249.14 feet to the place of beginning and containing 0.024 acre of land.
Bearings herein are based on GPS observations of the Ohio State Plane Coordinate System, South Zone (2011), establishing a bearing of South 25°31’25” West for the westerly right-of-way line of Cleveland Avenue.
Iron pins set consist of a 5/8-inch rebar, 30 inches long with an orange plastic cap stamped “IBI Group, S-6872/S-7740”.
This description was prepared by Arcadis Survey, based on information obtained from an actual field survey of the premises performed in March 2024.
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 in, on, over, across and through the attached legal description and exhibit describing the 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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.