Explanation
1. BACKGROUND
The City of Columbus, Department of Public Service, received a request from Donald B. and Kimberly A. Chafin (hereafter known as The Chafins) asking that the City sell a portion of the right-of-way identified as the un-named north-south alley, adjacent to 590 East Weber Road, between Weber Road and the first alley north of Weber Road. Transfer of this right-of-way will provide ingress and egress to a proposed garage to be constructed on the property currently owned by The Chafins, located at 590 East Weber Road. 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 $1413.75 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 The Chafins for $1413.75.
2. FISCAL IMPACT:
The City will receive a total of $1413.75 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 portion of the un-named north-south alley adjacent to 590 East Weber Road, between Weber Road and the first alley north of Weber Road, to The Chafins.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from The Chafins asking that the City transfer a portion of the un-named north-south alley adjacent to 590 East Weber Road, between Weber Road and the first alley north of Weber Road, to them; and
WHEREAS, acquisition of the right-of-way will provide The Chafins ingress and egress to a proposed garage to be constructed on property that is currently owned by The Chafins, located at 590 East Weber Road; 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 The Chafins; 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 $1,413.75.00 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 The Chafins for the amount of $1,413.75; 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 The Chafins; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of lot 82 and 83 of Indianola Highlands, as same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 9, Page 32, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a set iron pipe in the south line of said lot 83, at the intersection of the north right-of-way line of E. Weber Road (60 feet wide) with the west line of an existing 16 feet wide alley (as established by Ordinance 33578), said pipe bearing South 85° 56' 00" East, 34.10 feet from the southwest corner of said Lot 83;
Thence, across said Lot 83 and the west line of said alley, North 02° 25' 10" West, 117.75 feet to a set iron pipe in the north line of said Lot 83, at the intersection of the west line of said alley with the south line of a 16 foot wide alley;
Thence, along the south line of said alley, and the north line of said Lots 83 and 82, South 85° 56' 00" East, 16.10 feet to a set iron pipe;
Thence, across said Lot 82, South 02° 25' 10" East, 117.75 feet to a set MAG nail in the south line of said Lot 82, and the north line of E. Weber Road;
Thence, along the south line of said Lots 82 and 83, and the north line of said E. Weber Road, North 85° 56' 00" West, 16.10 feet to the place of beginning CONTAINING 0.043 ACRES (1.884 square feet) subject however, to all legal highways, easements, leases and restrictions of record, and of record in the respective utility offices.
The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in March 2010. Iron pipes set are 30" X 1" (OD) with a plastic cap inscribed "P.S. 6579". Bearings are based on the north right-of-way line of E. Weber Road held as South 85° 56' 00" East, as per Plat Book 9, Page 32.
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 $1,413.75 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.