Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Columbus College of Art and Design asking that the City sell a portion of the right-of-way identified as a 0.132 acre portion of the Kelly Alley right-of-way, between East Gay and East Long Streets. Transfer of this right-of-way will allow for the enhancements of security measures for facilities located on land adjacent to the above noted 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. Then 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 $10,200.00 was established for this right-of-way. A request was made by Columbus College of Art and Design for mitigation of the cost of the aforementioned right-of-way. After review of the request, the Land Review Commission voted to recommend 100% mitigation of the cost and the above referenced right-of-way be transferred to Columbus College of Art and Design at no cost.
2. FISCAL IMPACT:
None
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.132 acre portion of the Kelly Alley right-of-way, between East Gay and East Long Streets to Columbus College of Art and Design.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Columbus College of Art and Design, asking that the City transfer a 0.132 acre portion of the Kelly Alley right-of-way, between East Gay and East Long Streets, to them; and
WHEREAS, acquisition of the right-of-way will allow Columbus College of Art and Design to enhance security measures for facilities located on land adjacent to the above noted right-of-way; and
WHEREAS, the City of Columbus, Department of Public Service, Division of Planning and Operations, by this transfer, 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 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 Columbus College of Art and Design; 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 $10,200.00 was established for this right-of-way; and
WHEREAS, Columbus College of Art and Design had requested and was granted 100% mitigation of cost of the aforementioned right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Columbus College of Art and Design at no cost; 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 Columbus College of Art and Design; to-wit:
LEGAL DESCRIPTION
0.132 ACRE PORTION OF HISTORIC KELLY ALLEY
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a 0.132 acre portion of historic Kelly Alley as located between southerly right-of-way line of Long Street (65.25') and the northerly right-of-way line of Gay Street (53.00') as recorded in Samuel Brush's 1st Addition in Deed Book 32, Page 440 (all references being to records of the Recorder's Office, Franklin County, Ohio), and bounded and described as follows:
Beginning at an iron pin set at the southwest corner of a tract as conveyed to Columbus College of Art and Design in Official Record Volume 6952, Page J20, the northwest corner of a tract as conveyed to the City of Columbus in Deed Book 926, Page 251, Tract One at the intersection of the northerly right-of-way line of Gay Street and the east line of the portion of said Alley, and being in the west line of Lot 2 of Samuel Brush's 1st Addition, reference a 5/8" rebar found South 0.44 feet and East 0.14 feet and being the TRUE POINT OF BEGINNING of the legal description herein described;
Thence westerly crossing the portion of said Alley, South 89° 38' 52" West, 13.00 feet to an iron pin set at the southeast corner of a tract as conveyed to Joseph E. Brousseau, Jr., Trustee in Official Record Volume 23819, Page J01, Parcel One, the northeast corner of a tract conveyed to the City of Columbus in Deed Book 926, Page 251, Tract Two at the intersection of the northerly right-of-way line of Gay Street and the east line of the portion of said Alley, and being in the east line of Lot 1 of Samuel Brush's 1st Addition;
Thence northerly with the west line of the portion of said Alley, the east line said Joseph E. Brousseau, Jr., Trustee Tract consisting of part of Lot 1 and 3 of Samuel Brush's 1st Addition, the east line of part of Lot 3, and Lots 5,7, 9 as conveyed to Columbus College of Art and Design in Official Record Volume 25198, Page D12, the east line of Lot 11 as conveyed to Columbus College of Art and Design recorded in Official Record Volume 25198, Page C05, the east line of Lot 13 as conveyed to Columbus College of Art and Design in Official Record Volume 27995, Page G12, the east line of Lots 15 and 17 as conveyed to Columbus College of Art and Design in Instrument Number 200701160008637, the east line of Lot 19, 21, and part of Lot 23 as conveyed to Columbus College of Art and Design in Official Record Volume 3265, Page H19, North 00° 01' 18" West, 441.01 feet to an iron pin set at the intersection of the west line of the portion of said Alley and the southerly right-of-way line of Long Street, being the northeast corner of said Columbus College of Art and Design tract as recorded in Official Record Volume 3265, Page H19 in the east line of Lot 23 in Samuel Brush's 1st Addition.
Thence easterly across the portion of said Alley, North 890 55' 02" East, 13.00 feet to an iron pin set at the intersection of the southerly right-of-way line of Long Street and the east line of said Alley in the west line of Lot 24 of Samuel Brush's 1st Addition, being the northwest corner of a tract as conveyed to Columbus College of Art and Design recorded in Official Record Volume 3265, Page H18;
Thence southerly with the east line of the portion of said Alley, the west line of said Columbus College Art and Design as recorded Official Record Volume
3265, Page H 18 consisting of part of Lot 24, all of Lots 22, and 20, the west line of Lots 18, 16, 14, 12, 10,8, and 6 as conveyed to Columbus College of Art and Design in Official Record Volume 3932, Page D18, the west line of Lot 4 and part of Lot 2 as conveyed to Columbus College of Art and Design in Official Record Volume 6952, Page J20, South 000 01' 18" East, 440.95 feet to the TRUE POINT OF BEGINNING, said tract of land containing 0.132 acres more or less.
Subject to all legal rights-of-way and/or easements, if any, of previous record.
Bearings are based on the centerline of Grant Avenue being North 000 00' 00" East.
All Set Iron Pins are 5/8" Rebar, plastic capped with "E.P. FERRIS SURVEYOR 8230" inscribed on top.
This description was prepared by Matthew E Ferris, Registered Surveyor No. 8230, E. P. Ferris & Associates, Inc. on January 23, 2013.
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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.