Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from H & G Properties, LLC, asking that the City sell that portion of Cypress Avenue (the 20 foot wide alley east of North Glenwood Avenue) from the alley north of Scott Street to Cable Avenue. The sale of this right-of-way will allow H & G Properties to expand their parking and to provide additional security to their adjacent properties. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within Cypress Avenue. The Department of Law, Real Estate Division, established a value of $3,300.00 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to H & G Properties, LLC for $3,300.00.
Fiscal Impact: The City will receive a total of $3,300.00, to 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 Public Service Department to execute those documents required to transfer that portion of Cypress Avenue (the 20 foot wide alley east of North Glenwood Avenue) from the alley north of Scott Street to Cable Avenue to H & G Properties, LLC, for $3,300.00, and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from H & G Properties, LLC, asking that the City sell that portion of Cypress Avenue (the 20 foot wide alley east of North Glenwood Avenue) from the alley north of Scott Street to Cable Avenue; and
WHEREAS, sale of this right-of-way to H & G Properties, LLC will allow them to expand their parking and provide additional security to their adjacent properties; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within Cypress Avenue; and
WHEREAS, the Department of Law, Real Estate Division established a value of $3,300.00 for this right-of-way by; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to H & G Properties, LLC, for $3,300.00; 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 H & G Properties, LLC, for $3,300.00; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being a part of North Cypress Avenue as dedicated in Jacob S. Sullivant's Amended Subdivision as recorded in Plat Book 10, Page 216, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at a found 1" iron pipe at the southeast corner of Lot 5 of said Sullivant's Amended Subdivision, also being the intersection of the west line of North Cypress Avenue, 20 feet wide and the north line of a 20-foot wide alley;
Thence, along the east line of said Lot 5 and the west line of North Cypress Avenue, NORTH, 150.00 feet to a found 1" iron pipe at the northeast corner of said Lot 5, also being the intersection of the west line of North Cypress Avenue and the south line of Cable Avenue, 50 feet wide;
Thence, along the south line of Cable Avenue, South 89 degrees 57 minutes 20 seconds East, 20.00 feet to a found 1" iron pipe at the northwest corner of Lot 31 of Jacob S. Sullivant's Subdivision as recorded in Plat Book 3, Page 332, also being the intersection of the east line of North Cypress Avenue and the south line of Cable Avenue;
Thence, along the west line of said Lot 31 and the east line of North Cypress Avenue, SOUTH, 150.00 feet to a found railroad spike at the southwest corner of said Lot 31, also being the intersection of the east line of North Cypress Avenue and the north line of a 20-foot wide alley;
Thence, across North Cypress Avenue, North 89 degrees 57 minutes 20 seconds West, 20.00 feet to the Point of Beginning, containing 0.069 Acres.
Iron pipes set are 30" x 1" O.D. with orange plastic caps inscribed "P.S. 6579". Basis of bearings is assumed to be NORTH on the west line of North Cypress Avenue. This description is based on a field survey by Myers Surveying Company, Inc in May, 2005.
Myers Surveying Company, Inc.
Albert J. Myers, P.S. 6570
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 excess rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 4. That the $3,300.00 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 5. 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.