Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Munira Abdullahi, representative for the Muslim American Society Columbus Chapter asking that the City transfer them a 17950 square foot (0.412 acre) portion of the right-of-way near Northtowne Blvd. The right-of-way area is north of Morse Road and west of Northtowne Boulevard, abutted by parcels 010-251073 and 010-245370 to the west, and 010-277812 to the east.
Transfer of this right-of-way will allow the owner to meet parking requirements for a planned community center/mosque on the parcels to the east. The Department of Public Service has agreed to transfer 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 $44,865.00 was established.
This request went before the Land Review Commission on January 16, 2025. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Muslim American Society Columbus Chapter at the cost of $0.00 to them.
2. FISCAL IMPACT
The Land Review Commission waived the cost, therefore, there is no fiscal impact to the City for transfer of the requested right-of-way.
3. Emergency DESIGNATION
Emergency action is requested, due to the short construction season in Ohio. This will allow the deed to be recorded as soon as possible, so the County can combine the lots and issue parcel numbers, allowing the development to proceed, certified addresses to be issued, construction of proposed roads, homes/buildings to be built. Additionally, it will allow the inspection and Construction Agreement to be finalized with the City. All to preserve the safety of the traveling public.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of a 0.412 acre portion of right-of-way near Northtowne Blvd to the Muslim American Society Columbus Chapter; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Munira Abdullahi, representative for the Muslim American Society Columbus Chapter asking that the City transfer them a 17950 square foot (0.412 acre) portion of the right-of-way near Northtowne Blvd. The right-of-way area is north of Morse Road and west of Northtowne Boulevard, abutted by parcels 010-251073 and 010-245370 to the west, and 010-277812 to the east; and
WHEREAS, transfer of this right-of-way will be to allow the owner to meet parking requirements for a planned community center/mosque on the parcels to the east; 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 $44,865.00 was established; and
WHEREAS, this request went before the Land Review Commission on January 16, 2025; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Muslim American Society Columbus Chapter at the cost of $0.00; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to transfer said property due to the short construction season in Ohio as this will allow the deed to be recorded as soon as possible, so the County can combine the lots and issue parcel numbers, allowing the development to proceed, certified addresses to be issued, construction of proposed roads, homes/buildings to be built and additionally, it will allow the inspection and Construction Agreement to be finalized with the City, to preserve the safety of the traveling public, all for the immediate preservation of the public health, peace, property, safety and welfare; 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 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 Muslim American Society Columbus Chapter; to-wit:
HEATHERTON DRIVE
0.412 ACRES
Situated in Quarter Township 4, Town 2N, Range 18W, United States Military Lands, City of Columbus, Franklin County Ohio also being a part of Heatherton Drive (50’ right-of-way), as dedicated in Plat Book 54, Page 60, the boundary of which being more particularly described as follows:
Beginning at a 3/4” iron pipe at the southeast corner of Heatherton Drive as recorded in PB 54 Page 60, being in a south line of The Resubdivision of a Part of Northland Park Section No 6 as recorded in PB 54 Page 60, in a north line of the Dedication of Northtowne Bouelvard and Easements as recorded in PB 38 Page 26, and at a southerly corner of Reserve A of Northland Park Section No. 6 as recorded on PB 43 Page 5;
Thence along the southerly terminus of said Heatherton Drive, a south line of The Resubdivision of a Part of Northland Park Section No 6 as recorded in PB 54 Page 60, and a north line of the Dedication of Northtowne Boulevard and Easements as recorded in PB 38 Page 26, South 46° 55' 39" West for a distance of 50.00 feet to a 1” iron pipe found in the easterly line of a 21.822 acre tract conveyed to MC-NC LLC in Instrument Number 201304250068114;
Thence along said easterly line and the easterly line of Reserve A of Northland Park Section 8 as recorded in PB 93 Page 12, North 43° 04' 21" West for a distance of 311.21 feet to a 5/8” iron pin set;
Thence continuing along the easterly line of Reserve A, along a curve to the right having an arc length of 70.05 feet, a radius of 225.00 feet, a central angle of 17° 50' 20", and a chord that bears North 34° 09' 11" West for a distance of 69.77 feet to a 5/8” iron pin set in the south line of a tract of land conveyed to John F. Fain in Instrument number 20120130012269 at the southeast corner of the remainder of Reserve A of the Resubdivision of a part of Northland Park Section No. 6 as recorded in PB 54 Page 60;
Thence with said south line, South 86° 05' 21" East for a distance of 60.07 feet to a 1” iron pin found in the southerly line of a 3.457 acre tract conveyed to Muslim-American Society-Columbus Chapter in Instrument Number 202108180147398;
Thence with said southerly line, along a curve to the left having an arc length of 25.09 feet, a radius of 175.00 feet, a central angle of 8° 12' 58", and a chord that bears South 38° 57' 52" East for a distance of 25.07 feet to a 3/4” iron pipe found;
Thence continuing, South 43° 04' 21" East for a distance of 311.21 feet to the Point of Beginning.
Containing 0.412 acres of land, more or less, as determined by Randy C. Wolfe, Professional Surveyor, Ohio License No. 8033, based on a survey performed by the Kleingers Group in December, 2023.
All iron pins set are 5/8” diameter x 30” iron rebar with ID cap Stamped “Kleingers”
Bearings are based on the Ohio State Plane Coordinate System, South Zone (NAD83-2011 EPOCH 2010.0), with a portion of the north right-of-way line of Heatherton Drive being North 43° 04' 21" West, based on a GPS survey utilizing CORS Station “COLB”.
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
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. The Land Review Commission waived the cost, therefore, there is no fiscal impact to the City for this transfer of the requested right-of-way.
Section 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.