Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Franklinton Senior, LLC asking that the City sell the unimproved north/south alley west of Green Street, from Rich Street north to Walnut Street, to them. Transfer of this unimproved alley will allow for the construction of multi-family housing for the elderly. Per current practice, comments were solicited from interested parties, including City departments, 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 unimproved alley. 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 $14,044.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to Franklinton Senior, LLC for $14,044.00.
2. Fiscal Impact
The City will receive a total $14,044.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested unimproved right-of-way.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer the unimproved north/south alley west of Green Street, from Rich Street north to Walnut Street, to Franklinton Senior, LLC, and to waive the competitive bidding provisions of Columbus City Codes as they may apply to this transfer.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Franklinton Senior, LLC, asking that the City transfer the unimproved north/south alley west of Green Street, from Rich Street north to Walnut Street to them; and
WHEREAS, acquisition of the unimproved right-of-way will allow Franklinton Senior, LLC to construct multi-family housing for the elderly on property that is currently owned by Franklinton Senior, LLC; and
WHEREAS, per current practice, comments were solicited from interested parties, including City departments, 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 unimproved right-of-way to Franklinton Senior, 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 $14,044.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to Franklinton Senior, LLC for the amount of $14,044.00; 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 Franklinton Senior LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of Virginia Military Survey Number 1393, and being all of that part of an unnamed alley (25 feet wide) located between Walnut Street and Rich Street, said alley dedicated as public right-of-way in B.
F. Martin's Western Addition, of record in Plat Book 2, page 214, all records referenced are on file at the Office of the Recorder, Franklin County, Ohio, being more particularly bounded and described as follows:
Beginning at the southeast comer of Lot 92 of said B.F. Martin's Western Addition, as said Lot was conveyed to Mount Carmel Health System, of record in Instrument Number 200603210052793, (reference a % inch iron pipe found bent North 38 degrees 49 minutes 45 seconds East, at a distance of 0.45 feet), said comer being the southwest comer of said unnamed alley, and said comer being on the north right-of-way line for Rich Street, as dedicated in said B.F. Martin's Western Addition;
Thence North 0 degrees 16 minutes 51 seconds West, along the east line of said Lot 92, along the west right-of-way line for said unnamed alley, a distance of 172.85 feet to the northeast comer of said Lot 92, being the northwest comer of said unnamed alley, and said comer being on the south right-of-way line for Walnut Street, as dedicated in said B.F. Martin's Western Addition;
Thence North 89 degrees 43 minutes 09 seconds East, along the north line of said unnamed alley, along the south line of said Walnut Street, a distance of 25.00 feet to a 5/8 inch iron pin found with a damaged plastic cap at the northwest comer of Lot 93 of said B.F. Martin's Western Addition, as said Lot was conveyed to Mount Carmel Health, of record in Official Record Volume 19728, page F09, being the northeast comer of said unnamed alley, and said comer being on the west right-of-way line for Green Street, as dedicated in the Green Street and Easements Dedication Plat, of record in Plat Book 79, page 49;
Thence South 0 degrees 16 minutes 51 seconds East, along the west line of said Lot 93, along the east right-of-way line for said unnamed alley (passing a northwest comer for said Green Street at a distance of 171.40 feet, reference a % inch iron pipe found North 50 degrees 41 minutes 13 seconds East, at a distance of 0.47 feet), a total distance of 172.85 feet to the southwest comer of said Lot 93, being a southwest comer of said Green Street, being the southeast comer of said unnamed alley, and said comer being on the north right-of-way line for said Rich Street (reference a %" iron pipe found North 85 degrees 06 minutes 39 seconds West, at a distance of 0.22 feet);
Thence South 89 degrees 43 minutes 09 seconds West, along the south line of said unnamed alley, along the north line of said Rich Street, a distance of 25.00 feet to the Point of Beginning.
The above description contains 0.099 acres within existing right-of-way.
The bearings described herein are based on the bearing for the south right-of-way line for Walnut Street, being North 89 degrees 43 minutes 09 seconds East, as described in the Dedication of Green Street and Easements Dedication Plat, of record in Plat Book 79, Page 49, on file at the Office of the Recorder, Franklin County Ohio.
The above description was prepared and reviewed on October 5, 2009 by Brian P. Bingham, Registered Professional Surveyor Number 8438, and is based on an actual field survey performed by American Structurepoint, Inc. on August 3, 2009.
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 $14,044.00 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 6. 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 329.29 with regards to the transfer of this right-of-way.
Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.