Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Connie J. Klema, asking that the City transfer the alley east of Kerr Street from Russell Street to I-670 to Kerr Street Place Ltd. Transfer of this right-of-way will provide access to a proposed condominium/office project adjacent to this portion of the alley. After investigation is was determined there are no objections to the transfer of this excess right-of-way. The City Attorney's Office, Real Estate Division, established a value of $1,586.70 for the transfer of this excess right-of-way. Connie J. Klema requested a mitigation of this amount citing an increase in property taxes and income taxes to be generated by the development of the proposed condominium/office project. The Land Review Commission voted to recommend that this right-of-way be transferred to Kerr Street Place Ltd., at no charge in recognition of the mitigating factors cited by the petitioner.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the alley east of Kerr Street, from Russell Street to I-670, to Kerr Street Place, Ltd., at no charge; and to waive the competitive bidding provisions of Columbus City Codes (1959) Revised.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Connie J. Klema, asking that the City transfer the alley east of Kerr Street, from Russell Street to I-670, to Kerr Street Place, Ltd.; and
WHEREAS, transfer of this excess right-of-way will facilitate a proposed condominium/office project adjacent to this portion of the alley; and
WHEREAS, after investigation it was determined that there are no objections to the transfer of this excess right-of-way; and
WHEREAS, the City Attorney's Office, Real Estate Division, established a value of $1,586.70 for the transfer of this excess right-of-way; and
WHEREAS, Connie J. Klema requested a mitigation of this amount citing an increase in property taxes and income taxes that will be generated by the development of the proposed condominium/office project; and
WHEREAS, the Land Review Commission voted to recommend the transfer of this right-of-way to Kerr Street Place, Ltd., at no charge in recognition of the mitigating factors cited by the petitioner; 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 Kerr Street Place, Ltd.; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and being part of a twenty (20) foot wide alley, running in a north south direction between Lots 84 and 85 of Wm. Neil's 2nd Addition as recorded in Plat Book 1, Page 281, all records being of the Recorder's Office, Franklin County Ohio unless otherwise noted and being more particularly described as follows:
Beginning at a railroad spike found at the intersection of the westerly limited access right-of-way line of Interstate 670 and the southerly right-of-way of Russell Street, also being the northeasterly corner of said Lot 84, the northwesterly corner of said twenty (20) foot wide alley and being 177.25 feet left of Station 168+59.76 in the centerline survey of FRA-670-3.17;
Thence, with the southerly right-of-way of said Russell Street, the northerly right-of-way of said twenty (20) foot wide alley and said limited access right-of-way of said Interstate 670, North 81 degrees 40 minutes 47 seconds East, 20.00 feet to an iron pin set at the northeasterly corner of said twenty (20) foot wide alley;
Thence, crossing through said limited access right-of-way of Interstate 670 and with the easterly line of said twenty (20) foot wide alley, South 08 degrees 35 minutes 14 seconds East, 20.02 feet to an iron pin set;
Thence, leaving the easterly right-of-way of said twenty (20) foot wide alley and crossing through said limited access right-of-way of Interstate 670 and said twenty (20) foot wide alley, South 67 degrees 40 minutes 52 seconds West, 20.59 feet to an iron pin found on the easterly line of said Lot 84, the westerly right-of-way of said twenty (20) foot wide alley;
Thence, with the easterly line of said Lot 84, the westerly limited access right-of-way of said Interstate 670 and the westerly right-of-way of said twenty (20) foot wide alley North 08 degrees 35 minutes 14 seconds West, 25.00 feet to THE PLACE OF BEGINNING CONTAINING 0.0103 acres (450.19 sq. ft.) more or less.
This description was based on an actual field survey done on July 08, 2004 and in accordance with the Administrative Code 4733-37. Unless otherwise noted iron pins set are 30" X 1" O.D. with yellow plastic caps inscribed "HYDE P.S. 7529. Unless otherwise noted all iron pins found are 1" O.D. pipe. Basis of bearings for this survey is the southerly right-of-way of Russell Street as North 81 degrees 40 minutes 47 seconds East per instrument 20010400091656 and is for angular use only.
STEVEN J. HYDE, P.S. 7529
Section 2. That the above referenced real property shall be considered excess road rights-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 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 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.