Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Wonderland Community Church (the "Church"), asking that the City sell them those portions of Friendship Drive and Biretta Avenue that abut their property. Sale of these excess rights-of-way will increase the size of their adjacent property and will allow the Church to expand their facilities and parking. 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 these rights-of-way. The Department of Law, Real Estate Division, established a value of $5,645.00 for these rights-of-way. The Land Review Commission voted to recommend that these rights-of-way be transferred to Wonderland Community Church for the value established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $5,645.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested rights-of-way.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer those rights of way identified as portions of Friendship Drive and Biretta Avenue to Wonderland Community Church for $5,645.00, 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 Wonderland Community Church (the "Church") asking that the City sell them those portions of Friendship Drive and Biretta Avenue that abut their existing property; and
WHEREAS, sale of these excess rights-of-way to the Church will increase the size of their adjacent property and will allow them to expand their facilities and parking; 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 these excess rights-of-way; and
WHEREAS, a value of $5,645.00 was established for these rights-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that these rights-of-way be transferred to the Church for $5,645.00; 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 Wonderland Community Church for $5,645.00; to-wit:
Situated in the City of Columbus, County of Franklin, State of Ohio, and being a part of Wonderland Subdivision, as recorded in Plat Book 18, Pages 69-70 inclusive, in the Franklin County Plat records, and being more particularly described as follows;
Being a survey of a portion of Biretta Avenue (30' wide) to be transferred adjacent to Lots 1-12 inclusive of "Block 32" and adjacent to Lots 1-12 "Block 30", and a portion of Friendship Drive (40' wide) to be transferred adjacent to "Block 46", adjacent to Lots 1-2 of "Block 30", and adjacent to Lots 1-2 of "Block 36" and further described as follows:
Commencing at a 1" O.D. iron pipe found capped on the west right-of-way line of Biretta Avenue (30' wide) marking the southeast corner of Lot 11 of "Block 32", also being the northeast corner of Lot 13, and being the PRINCIPAL PLACE OF BEGINNING of the 0.282 acre parcel herein to be described;
Thence, N 00°00'00" E 180.00 feet with the west right-of-way line of Biretta Avenue, the same being the east line of "Block 32" to a mag nail set marking the northeast corner of Lot 1, and being the intersection of the west right-of-way line of Biretta Avenue and the south right-of-way line of Friendship Drive (40' wide);
Thence, N 90°00'00" W 100.00 feet with the south right-of-way line of Friendship Drive, the same being the north line of "Block 32", to a mag nail set marking the northwest corner of Lot 2;
Thence, N 00°00'00" E 40.00 feet with a line across Friendship Drive, to an iron pin set on the north line thereof, and being on the south line of "Block 46";
Thence, S 90°00'00" E, 164.22 feet with the north right-of-way line of Friendship Drive, the same being the south line of said "Block 46", to an iron pin set on the south Limited Access right-of-way line of Interstate Route 270;
Thence, with the Limited Access right-of-way line of Interstate Route 270 across Friendship Drive, with the following two (2) courses and distances:
1) S 21°27'29" E 40.68 feet to a 1" O.D. iron pipe found at an angle point;
2) S 28°50'37" E 2.44 feet to an iron pin set on the north line of Lot 1 of "Block 30";
Thence, N 90°00'00" W, 50.28 feet with the south right-of-way line of Friendship Drive, the same being the north line of Lots 1-2 of "Block 30", to a mag nail set marking the northwest corner of said Lot 2, and being the intersection of the south right-of-way line of Friendship Drive and the east right-of-way line of Biretta Avenue;
Thence, S 00°00'00" W 180.00 feet with the east right-of-way line of Biretta Avenue, the same being the west line of "Block 30", to an iron pin set marking the southwest corner of Lot 12, also being the northwest corner of Lot 14;
Thence, N 90°00'00" W 30.00 feet with a line across Biretta Avenue, to the PRINCIPAL PLACE OF BEGINNING, and containing 0.282 acres, more or less.
Bearings of the above description are based on the west right-of-way line of Biretta Avenue (30' wide), as being N 00°00'00" E, and is an assumed Meridian used to denote angles only.
All iron pins set are 5/8" O.D. iron pins 30" long with red caps labeled "S.A. ENGLAND #S-7452".
The above description was prepared by S.A. England & Associates, under the direct supervision of Scott A. England, Ohio Registered Surveyor #S-7452 in May of 2005.
Section 2. That the above referenced real properties shall be considered excess road rights-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quit claim deeds to the grantees thereof.
Section 3. That the $5,645.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 748, Project 537650.
Section 4. 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 329.29 with regards to the transfer of these properties.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.