Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes, asking that the City sell them a 1,011 square foot (0.023 acre) portion of the right-of-way near Stewart Avenue. The right-of-way area is north of Stewart Avenue and West of 18th Avenue. Right-of-way area runs north/south directionally for approximately 100 feet in length, and is 10 feet in width. Abutted by parcel 010-024248 to the west, and parcels 010-047091 to the east. The right-of-way is currently unimproved.
Sale of this right-of-way will allow them to incorporate it into their current property to provide space for a yard. The Department of Public Service has agreed to sell the right-of-way via a quitclaim deed as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way.
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 City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $8,080.00 was established.
This request went before the Land Review Commission on September 18, 2025. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes at the cost of $8,080.00 to them.
2. FISCAL IMPACT
The City will receive a total of $8,080.00, and the funds are to be deposited in Fund 7748, Project P537650, 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 necessary for the transfer of a 0.023 acre portion of right-of-way near Stewart Avenue to Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes. ($8,080.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes, asking that the City sell them a 1,011 square foot (0.023 acre) portion of the right-of-way near Stewart Avenue. The right-of-way area is north of Stewart Avenue and West of 18th Avenue. Right-of-way area runs north/south directionally for approximately 100 feet in length, and is 10 feet in width. Abutted by parcel 010-024248 to the west, and parcels 010-047091 to the east; and
WHEREAS, transfer of this right-of-way will allow them to incorporate it into their current property to provide space for a yard; and
WHEREAS, the Department of Public Service has agreed to transfer via quitclaim deed the right-of-way as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way; and
WHEREAS, 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; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $8,080.00 was established; and
WHEREAS, this request went before the Land Review Commission on September 18, 2025; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes at the cost of $8,080.00; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute the documents necessary to extinguish its need for this right-of-way and sell the land to Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes; 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 hereby is, authorized to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the right-of-way described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to Lucas Melicoff-Byrnes and Hector Melicoff-Byrnes; to-wit:
0.023 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of a ten (10) foot wide alley as shown on the L.D. Davies’ Subdivision, as shown of record in Plat Book 4, Page 83, Franklin County Recorder’s Office and being more particularly described as follows:
Beginning at an iron pipe set at the southeast corner of said ten foot wide alley, being on the north right of way of Stewart Avenue (50 feet wide - Plat Book 4, Page 83), being the southwest corner of Lot 104 as shown on the City Park Addition ( P.B. 4, P. 280);
Thence, along the south line of said ten foot wide alley, along the north line of said Stewart Avenue, WEST, 10.00 feet to an iron pipe set at the southeast corner of Lot 41 of said L.D. Davies’ Subdivision, being the southwest corner of said ten foot wide alley;
Thence, along the west line of said ten foot wide alley, along the east line of said Lot 41, North 00° 16’ 19” East, 101.13 feet to an iron pipe set at the northwest corner of said ten foot wide alley, the northeast corner of said Lot 41, being on the south line of a fifteen (15) foot wide alley (P.B. 4, P.83 and P.B. 4, P. 328);
Thence, along the north line of said ten foot wide alley, along the south line of said fifteen foot wide alley, South 89° 58’ 00” East, 10.00 feet to the northwest corner of said ten foot wide alley, the northwest corner of said Lot 104, and being the southeast corner of a seventeen (17) foot wide alley (P. B. 4, P. 280)
Thence, along the east line of said ten foot wide alley, along the west line of said Lot 104, South 00° 16’ 19” West, 101.12 feet to the place of beginning CONTAINING 0.023 ACRE (1,011 S.F.), subject however to all legal highways, easements, leases, restrictions of record and of records in the respective utility offices. Iron pipes set are 1” O.D. by 30” long with an orange cap inscribed MYERS PS 6579. Basis of bearings is the north line of Stewart Avenue, assumed WEST. The foregoing description was prepared from a boundary survey by Myers Surveying in January 2026.
Section 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quitclaim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be retained unto the City of Columbus for those utilities located within said right-of-way.
Section 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quitclaim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be 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 $8,080.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 7748, Project P537650.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.