Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Jerry D. Robinson, Willie L. Gaddis and Melvin Hoston asking that the City sell them that right-of-way identified as the unimproved fifteen foot wide alley east of Mulberry Street from the alley south of Old Leonard Avenue to vacated Patton Avenue. Sale of this right-of-way will allow these individuals to provide parking and storage for their adjacent businesses. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this unimproved right-of-way subject to the retention of a general utility easement for those utilities currently located within this alley. The Department of Law, Real Estate Division, established a total value of $1,684.61 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to the above referenced abutting owners for the value established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $1,684.61, to 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 Public Service Department to execute those documents required to transfer that right-of-way identified as the unimproved fifteen foot wide alley east of Mulberry Street from the alley south of Old Leonard Avenue to vacated Patton Avenue to Jerry D. Robinson, Willie L. Gaddis and Melvin Hoston for a total of $1,684.61 and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Jerry D. Robinson, Willie L. Gaddis and Melvin Hoston asking that the City sell them that right-of-way identified as the unimproved fifteen foot wide alley east of Mulberry Street from the alley south of Old Leonard Avenue to vacated Patton Avenue; and
WHEREAS, sale of this right-of-way to Jerry D. Robinson, Willie L. Gaddis and Melvin Hoston will allow these individuals to provide parking and storage for their adjacent businesses; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way; and
WHEREAS, a value of $1,684.61 was established for this right-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to Jerry D. Robinson, Willie L. Gaddis and Melvin Hoston for a total of $1,684.61; 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 Jerry D. Robinson; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the Theo. Leonard's Second East Columbus Addition (TLSEC Addn.), as shown in Plat Book 3, Pages 390-392, in the Office of the Recorder of said County, and being more particularly described as follows:
The Point of Commencement (POC) being the centerline intersection of Old Leonard Avenue, a sixty feet (60') wide right-of-way, and the twenty feet (20') wide alley east of Parkwood Avenue, thence along said centerline of said alley, S 02°48'41" W, a distance of 193.45 feet to its intersection with the centerline produced of an alley to the east, consisting, of a twenty feet (20') right-of-way, bearing N 58°27'17" E, as shown on the plat of the Charles E. Carter's Baltimore & Ohio Addition Subdivision (CECB&O Sub.), Plat Book 5, Page 60, in said Recorder's Office;
Thence, continuing last said centerline produced, S 58°27'17" W, a distance of 6.02 feet to the intersection of the aforesaid alley east of Parkwood Avenue, now a fifteen feet (15') wide right-of-way;
Thence, continuing along the centerline of said fifteen feet (15') wide alley, S 02°48'41" W, a distance of 74.34 feet to its intersection with the centerline of a twenty feet (20') wide alley to the west, bearing N 87°42'32" W;
Thence S 82°10'41" E, a distance of 8.50 feet to a ½ inch diameter iron pin set at the northwest corner of Lot 142 of said CECB&O Sub, said corner being located on the east right-of-way line of said fifteen feet (15") wide alley;
Thence, along said east right-of-way line, also being the west line of last said subdivision, S 02°48'41" W, a distance of 274.59 feet to a ½ inch diameter iron pin set at the southwest corner of Lot 150, also being the northwest corner of Lot 151, of said subdivision, said iron pin also being the True Point of Beginning, (TPOB1);
Thence continuing along said east right-of-way line, S 02°48'41" W, a distance of 101.75 feet to a ½ inch diameter iron pin 10.22 feet south of the southwest corner of Lot 153 of said subdivision;
Thence over, across and through said alley, N 87°42'32" W, a distance of 7.50 feet to a ½ inch diameter iron pin set on the centerline thereof;
Thence, along said centerline, S 02°48'41" W, a distance of 8.02 feet, to a ½ inch diameter iron pin set on said centerline;
Thence, N 87°42'32" W, a distance of 7.50 feet to a ½ inch diameter iron pin found on the west right-of-way line of said alley, being the southeast corner of Lot 47 of the aforementioned TLSEC Addn.;
Thence, along said west right-of-way line, N 02°48'41" E, a distance of 109.77 feet to a ½ inch diameter iron pin set 16.65 feet north of the southeast corner of Lot 44 of said subdivision;
Thence over, across and through said alley S 87°42'32" E, a distance of 15.00 feet to the TPOB1, containing 0.0364 acres, more or less.
This description was prepared from an actual ground survey performed under my direction and supervision during January 2006. The Basis of Bearings is the centerline of Old Leonard Avenue, bearing N 58°27'17" E as shown in the records in the Office of the City of Columbus, Transportation Division.
Ernest L. Walker, PS #6848
Section 2. 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 Willie L. Gaddis; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the Theo. Leonard's Second East Columbus Addition (TLSEC Addn.), as shown in Plat Book 3, Pages 390-392, in the Office of the Recorder of said County, and being more particularly described as follows:
The Point of Commencement (POC) being the centerline intersection of Old Leonard Avenue, a sixty feet (60') wide right-of-way, and the twenty feet (20') wide alley east of Parkwood Avenue, thence along said centerline of said alley, S 02°48'41" W, a distance of 193.45 feet to its intersection with the centerline produced of an alley to the east, consisting, of a twenty feet (20') right-of-way, bearing N 58°27'17" E, as shown on the plat of the Charles E. Carter's Baltimore & Ohio Addition Subdivision (CECB&O Sub.), Plat Book 5, Page 60, in said Recorder's Office;
Thence, continuing last said centerline produced, S 58°27'17" W, a distance of 6.02 feet to the intersection of the aforesaid alley east of Parkwood Avenue, now a fifteen feet (15') wide right-of-way;
Thence, continuing along the centerline of said fifteen feet (15') wide alley, S 02°48'41" W, a distance of 74.34 feet to its intersection with the centerline of a twenty feet (20') wide alley to the west, bearing N 87°42'32" W;
Thence S 82°10'41" E, a distance of 8.50 feet to a ½ inch diameter iron pin set at the northwest corner of Lot 142 of said CECB&O Sub, said corner being located on the east right-of-way line of said fifteen feet (15") wide alley, said iron pin also being the True Point of Beginning 2, (TPOB2);
Thence along said east right-of-way line, also being the west line of last said subdivision, S 02°48'41" W, a distance of 274.59 feet to a ½ inch diameter iron pin set at the southwest corner of Lot 150, also being the northwest corner of Lot 151, of said subdivision;
Thence over, across and through said alley N 87°42'32" W, a distance of 15.00 feet to a ½ inch iron pin set on the west right-of-way line, thereof, 14.39 feet south of the southeast corner of Lot 43 of said TLSEC Addn.;
Thence, along said west right-of-way line, N 02°48'41" E, a distance of 107.67 feet to a ½ inch diameter iron pin set at the northeast corner of Lot 41, also being the southeast corner of Lot 40 of said subdivision;
Thence over, across and through said alley S 87°42'32" E, a distance of 7.50 feet to a ½ inch diameter iron pin set on the centerline thereof;
Thence, along said centerline, N 02°48'41" E, passing a ½ inch diameter iron pin at 53.06 feet, a total distance of 93.11 feet to a ½ inch diameter iron pin set, thereon;
Thence over, across and through said alley, N 87°42'32" w, a distance of 7.50 feet to a ½ inch diameter iron pin set on the west right-of-way line, being the northeast corner of Lot 38 and the southeast corner of Lot 37 of aforementioned TLSEC Addn.;
Thence along said west right-of-way line N 02°48'41" E, a distance of 62.08 feet to a ½ inch diameter iron pin set at the northeast corner of Lot 36, also being the southeast corner of the aforementioned 20 feet wide alley;
Thence over, across and through said alley N 54°27'48" E, a distance of 19.13 feet to the TPOB2, containing 0.0765 acres, more or less.
This description was prepared from an actual ground survey performed under my direction and supervision during January 2006. The Basis of Bearings is the centerline of Old Leonard Avenue, bearing N 58°27'17" E as shown in the records in the Office of the City of Columbus, Transportation Division.
Ernest L. Walker, PS #6848
And also:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of the Theo. Leonard's Second East Columbus Addition (TLSEC Addn.), as shown in Plat Book 3, Pages 390-392, in the Office of the recorder of said County, and being more particularly described as follows:
The Point of Commencement (POC) being the centerline intersection of Old Leonard Avenue, a sixty feet (60') wide right-of-way, and the twenty feet (20') wide alley east of Parkwood Avenue, thence along said centerline of said alley, S 02°48'41" W, a distance of 193.45 feet to its intersection with the centerline produced of an alley to the east, consisting of a twenty feet (20') right-of-way bearing N 58°27'17" E, as shown on the plat of the Charles E. Carter's Baltimore & Ohio Addition Subdivision (CECB&O Sub.), Plat Book 5, Page 60, in said Recorder's Office;
Thence, continuing last said centerline produced, S 58°27'17" W, a distance of 6.02 feet to the intersection of the aforesaid alley east of Parkwood Avenue, now a fifteen feet (15') wide right-of-way;
Thence, continuing along the centerline of said fifteen feet (15') wide alley, S 02°48'41" W, a distance of 73.34 feet to its intersection with the centerline of a twenty feet (20') wide alley to the west, bearing N 87°42'32" W;
Thence, S 82°10'41" E, a distance of 8.50 feet to a ½" diameter iron pin set at the northwest corner of Lot 142 of said CECB&O Sub., said corner being located on the east right-of-way line of said fifteen feet (15') wide alley;
Thence, over, across and through said alley, S 54°27'48" W, a distance of 19.13 feet to a ½ inch iron pin found at the northeast corner of Lot 36 of TLSEC Addn., also being the intersection of the west right-of-way line of said alley with the south right-of-way line of said twenty feet (20') wide alley bearing N 87°42'32" W;
Thence, along the said west right-of-way line, also being the east line of Lots 36 and 37 of said TLSEC Addn., S 02°48'41" W, a distance of 62.08 feet to a ½ inch diameter iron pin set at the southeast corner of said Lot 37, also being the northeast corner of Lot 38, of said subdivision, said iron pin also being the True Point of Beginning 4, (TPOB4);
Thence, over, across and through said alley, S 87°42'32" E, a distance of 7.50 feet to a ½ inch diameter iron pin set on the centerline thereof;
Thence, along said centerline, S 02°48'41" W, a distance of 40.05 feet to a ½ inch diameter iron pin found, thereon;
Thence, over, across and through said alley, N 87°42'32" W, a distance of 7.50 feet to the west right-of-way line of said alley, being the southeast corner of Lot 38, also being the northeast corner of Lot 39 of said TLSEC Addn.;
Thence, along said west right-of-way line, N 02°48'41" E, a distance of 40.05 feet to the TPOB4, containing 0.0069 acres, more or less.
This description was prepared from actual ground survey performed under my direction and supervision during January 2006. The Basis of bearings is the centerline of Old Leonard Avenue Road, bearing N 58°27'17" E, as shown in the records in the Office of the City of Columbus, Transportation Division.
Ernest L. Walker, PS #6848
Section 3. 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 Melvin Hoston; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the Theo. Leonard's Second East Columbus Addition (TLSEC Addn.), as shown in Plat Book 3, Pages 390-392, in the Office of the Recorder of said County, and being more particularly described as follows:
The Point of Commencement (POC) being the centerline intersection of Old Leonard Avenue, a sixty feet (60') wide right-of-way, and the twenty feet (20') wide alley east of Parkwood Avenue, thence along said centerline of said alley, S 02°48'41" W, a distance of 193.45 feet to its intersection with the centerline produced of an alley to the east, consisting, of a twenty feet (20') right-of-way, bearing N 58°27'17" E, as shown on the plat of the Charles E. Carter's Baltimore & Ohio Addition Subdivision (CECB&O Sub.), Plat Book 5, Page 60, in said Recorder's Office;
Thence, continuing last said centerline produced, S 58°27'17" W, a distance of 6.02 feet to the intersection of the aforesaid alley east of Parkwood Avenue, now a fifteen feet (15') wide right-of-way;
Thence, continuing along the centerline of said fifteen feet (15') wide alley, S 02°48'41" W, a distance of 74.34 feet to its intersection with the centerline of a twenty feet (20') wide alley to the west, bearing N 87°42'32" W;
Thence S 82°10'41" E, a distance of 8.50 feet to a ½ inch diameter iron pin set at the northwest corner of Lot 142 of said CECB&O Sub, said corner being located on the east right-of-way line of said fifteen feet (15") wide alley;
Thence over, across and through said alley S 54°27'48" W, a distance of 19.13 feet to a ½ inch diameter iron pin found at the northeast corner of Lot 36 of TLSEC Addn., also being the intersection of the wet right-of-way line of said alley with the south right-of-way line of a twenty feet (20") wide alley bearing N 87°42'32" W;
Thence along the said west right-of-way line, also being the east line of Lots 36, 37 and 38 of said TLESC Addn., S 02 48'41" W, a distance of 102.13 feet to a ½ inch diameter iron pin set at the southeast corner of said Lot 38, Lot 150, also being the northeast corner of Lot 39 of said subdivision, said iron pin also being the True Point of Beginning 3, (TPOB3);
Thence over, across and through said alley, S 87°42'32" E, a distance of 7.50 feet to a ½ inch diameter iron pin set on the centerline thereof;
Thence along said centerline, S 02°48'41" W, a distance of 53.06 feet to a ½ inch diameter iron pin set thereon;
Thence over, across and through said alley N 87°42'32" W, a distance of 7.50 feet the west right-of-way line of said alley, being the southeast corner of Lot 40, also being the northeast corner of Lot 41 of said TLSEC Addn.;
Thence along said west right-of-way line, N 02°48'51" E, a distance of 53.06 feet to the TPOB3, containing 0.0091 acres, more or less.
This description was prepared from an actual ground survey performed under my direction and supervision during January 2006. The Basis of Bearings is the centerline of Old Leonard Avenue, bearing N 58°27'17" E as shown in the records in the Office of the City of Columbus, Transportation Division.
Ernest L. Walker, PS #6848
Section 5. 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 6. That a general utility easement in, on, over, across and through the above described alley shall be and hereby is retained unto the City of Columbus for those utilities currently located within said unimproved right-of-way.
Section 7. That the $1,684.61 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 8. That this Council has determined it is in the best interest of the City of Columbus to allow these rights-of-way to be transferred without requiring competitive bidding and hereby waives the competitive bidding provision of Columbus City Codes (1959) Revised, Section 329.25 with regards to the transfer of these properties.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.