Explanation
The City of Columbus, Department of Public Service, Division of Transportation, received a request from David B. Perry, on behalf of E-R Development Northwest LLC, ("E-R Development") asking that the City transfer a small portion of unimproved right-of-way at the intersection of Kenny and Godown Roads to E-R Development. E-R Development intends to use this excess right-of-way to construct additional parking for the proposed Egan-Ryan Funeral Home at 4661 Kenny Road. Per current Division of Transportation 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 right-of-way to E-R Development. Also, per current Division practice, a request was submitted to the Department of Law, Real Estate Division, asking that they establish a value for this unimproved right-of-way. A value of $633.60 was established for this right-of-way. After review, the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to E-R Development for $633.60.
Title
To authorize the Director of Public Service to execute those documents required to transfer a 0.009 acre portion of unimproved right-of-way at the intersection of Kenny and Godown Roads to E-R Development Northwest LLC and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Department of Public Service, Division of Transportation, received a request from David B. Perry, on behalf of E-R Development Northwest LLC ("E-R Development"), asking that the City transfer a 0.009 acre portion of unimproved right-of-way at the intersection of Kenny and Godown Roads to E-R Development; and
WHEREAS, E-R Development would like to acquire this unimproved right-of-way to facilitate construct of additional parking for the proposed Egan-Ryan Funeral Home at 4661 Kenny Road; and
WHEREAS, per current Division of Transportation 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 right-of-way to E-R Development; and
WHEREAS, also per current Division practice, a request was submitted to the Department of Law, Real Estate Division, asking that they establish a value for this unimproved right-of-way; and
WHEREAS, a value of $633.60 was established for this right-of-way; and
WHEREAS, after review the Land Review Commission voted to recommend that the above referenced unimproved right-of-way be transferred to E-R Development for $633.60; 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 E-R Development Northwest LLC; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, in Section 1, Township 1, Range 19, United States Military Lands and being part of the City of Columbus 0.096 Acre tract as conveyed in Official Record Volume 10903 J-17, Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Commencing at an iron pipe set at the southeast corner of Lot 1 of Sheffield as the same is numbered and delineated upon the record plat thereof of record in Plat Book 39, Page 1, in the northerly line of Godown Road (80 feet wide), in the westerly line of the Alan B. Satterwhite Original 0.528 Acre tract (Official Record Volume 32638 E-18) and being a southwesterly corner of the E-R Development Northwest LLC 0.526 Acre tract (Instrument Number 200804040051737);
Thence, along the northerly line of said Road, the northerly line of the City of Columbus 0.246 Acre tract (Official Record Volume 1184 A-04), a southerly line of said 0.526 acre tract, a southerly line of the E-R Development Northwest LLC 0.815 Acre tract (Instrument Number 200804040051737), across said Original 0.528 Acre tract and being 40 feet northerly of and parallel with the centerline of said Road, along the arc of a curve to the right, having a radius of 640.00 feet, and arc length of 210.12 feet, a delta angle of 18°48'39", with a chord baring and distance of South 28°45'16" East, 209.18 feet to a 1 inch hollow iron pipe found at the southeast corner of said 0.246 Acre tract, a southwesterly corner of said 0.815 Acre tract and the northwesterly corner of said 0.096 Acre tract;
Thence, along part of a northerly line of said 0.096 Acre tract and part of a southerly line of said 0.815 acre tract, South 83°31'18" East, 11.09 feet to an iron pipe set being 50 feet northerly from the centerline of said Road and being the TRUE POINT OF BEGINNING of the herein described tract;
Thence, continuing along said line, South 83°3118" East, 18.91 feet to a MAG nail set at a northerly corner of said 0.096 Acre tract and a southwesterly corner of said 0.815 Acre tract;
Thence, along an easterly line of said 0.096 Acre tract and a westerly line of said 0.815 Acre tract, South 06°38'39" West, 40.00 feet to a ½" solid iron pin found at a northeasterly corner of said 0.096 Acre tract and a southwesterly corner of said 0.815 Acre tract;
Thence, across said 0.096 Acre tract and along a southerly line of said 0.815 Acre tract produced westerly, North 83°31'18" West, 1.42 feet to an iron pipe set being 50 feet northerly from the centerline of said Road;
Thence, continuing across said 0.096 Acre tract and being 50 feet northerly of and parallel with the centerline of said Road, along the arc of a curve to the left, having a radius of 650.00 feet, an arc length of 43.62 feet, a delta angle of 03°50'42", with a chord bearing and distance of North 17°00'03" West, 43.61 feet to the place of beginning CONTAINING 0.009 ACRES (396 SQUARE FEET). Iron pipes set are 30" X 1" O.D. with orange plastic caps inscribed P.S. 6579, unless otherwise noted. The forgoing description was prepared from actual field measurements in accordance with Chapter 4733-37 Ohio Administrative Code in April 2008. Basis of bearings is the centerline of Kenny Road held as south 24°14'00" West as per the plat of Sheffield as the same is numbered and delineated upon the record plat thereof of record in Plat Book 39, Page 1.
Myers Surveying Co., Inc.
Joseph P. Myers, P.S. 7361
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 currently 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 Public Service Department 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 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.