Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Mr. Richard D. Justman, asking that the City sell a 0.046 acre portion of the Cole Street right-of-way, adjacent to property owned by Mr. Justman located at 648 Seymour Avenue, at the intersection of Cole Street and Seymour Avenue. Transfer of this right-of-way will resolve a number of encroachment issues regarding property owned by Mr. Justman.
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 Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $455.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Mr. Richard D. Justman for $455.00.
2. FISCAL IMPACT:
The City will receive a total of $455.00 that will 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 Department of Public Service to execute those documents required to transfer a 0.046 acre portion of the Cole Street right-of-way, adjacent to property owned by Mr. Richard D. Justman located at 648 Seymour Avenue, at the intersection of Cole Street and Seymour Avenue.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Mr. Richard D. Justman, asking that the City transfer a 0.046 acre portion of the Cole Street right-of-way, adjacent to property owned by Mr. Justman located at 648 Seymour Avenue, at the intersection of Cole Street and Seymour Avenue., to him; and
WHEREAS, acquisition of the right-of-way will allow Mr. Richard D. Justman to resolve a number of encroachment issues regarding property that is currently owned by Mr. Richard D. Justman located at 648 Seymour Avenue; 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 Mr. Richard D. Justman; 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 $455.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Mr. Richard D. Justman for the amount of $455.00; 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 Mr. Richard D. Justman; to-wit:
0.032 ACRES - TRACT 1
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 22, Township 5, Range 22, Refugee Lands, being part of the right-of-way of Cole Street (width varies) south of and adjacent to the southerly line of Lot 11 of Moses Seymour's Subdivision, as same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 356, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pipe set at the southwest corner of said Lot 11, being the intersection of the northerly right-of-way line of said Cole Street with the easterly right-of-way line of Seymour Avenue (57 feet wide), and being the southwest corner of the tract conveyed to R & L Justman Family Partnership III, Ltd. tract in Official Record Volume 28216 H-10, said Recorder's Office;
Thence, along the northerly line of said Cole Street and the southerly line of said R & L Justman Family Partnership III, Ltd tract, North 89° 56' 00" East, 138.55 feet to an iron pipe set at the southeast corner of said Justman tract, and the southwest corner of the tract conveyed to Richard D. and LuAnn Justman tract in Instrument Number 200501210013137, said Recorder's Office;
Thence, across said Cole Street right-of-way, South 02° 45' 14" West, 10.01 feet to an iron pipe set;
Thence, continuing across said Cole Street right-of-way, South 89° 56' 00" West, 138.51 feet to an iron pipe set;
Thence, continuing across said Cole Street right-of-way, North 02° 32' 30" East, 10.01 feet to the point of beginning CONTAINING 0.032 ACRES (1,385 square feet).
The foregoing description was prepared from an actual field survey made by Myers Surveying Company, in April 2011. Iron pipe set are 30" X 1" (O.D.) with a plastic cap inscribed "P.S. 6579". Bearings are based on the southerly line of said Lot 11 assumed North 89° 56' 00 East.
0.014 ACRES - TRACT 2
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 22, Township 5, Range 22, Refugee Lands, being part of the right-of-way of Cole Street (width varies) south of and adjacent to the southerly line of Lot 11 of Moses Seymour's Subdivision, as same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 356, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pipe set at the southeast corner of said Lot 11, being the intersection of the northerly right-of-way line of said Cole Street with the westerly right-of-way line of a twenty-eight (28) foot wide alley, and being the southeast corner of the tract conveyed to Richard D. and LuAnn Justman tract in Instrument Number 200501210013137, said Recorder's Office;
Thence, across said Cole Street right-of-way, South 02° 09' 20" West, 10.01 feet to an iron pipe set;
Thence, continuing across said Cole Street right-of-way, South 89° 56' 00" West, 59.68 feet to an iron pipe set;
Thence, continuing across said Cole Street right-of-way, North 02° 45' 14" East, 10.01 feet to an iron pipe set in the northerly line of said Cole Street at the southwest corner of said Justman tract and the southeast corner of the tract conveyed to R & L Justman Family Partnership III, Ltd in Official Record Volume 28216 H-10, said Recorder's Office;
Thence, along the northerly line of said Cole Street and the southerly line of said Richard D. and LuAnn Justman tract, North 89° 56' 00" East, 59.57 feet to the place of beginning CONTAINING 0.014 ACRES (596 square feet).
The foregoing description was prepared from an actual field survey made by Myers Surveying Company, in April 2011. Iron pipe set are 30" X 1" (O.D.) with a plastic cap inscribed "P.S. 6579". Bearings are based on the southerly line of said Lot 11 assumed North 89° 56' 00 East.
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 the $455.00 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.