Explanation
1. Background: The City of Columbus, Department of Public Service, received a request from WestBend QOZB, LLC, asking that the City transfer to them 2 portions of the McKinley Avenue right-of-way totaling 0.998 acres, and release 0.122 acres of highway easement. Right-of-way and highway easement areas are adjacent to and abutting at the west of the parcel at 2610 McKinley Avenue i.e. PID 010-146253.
Transfer of this right-of-way and release of the highway easement will allow the incorporation of the right-of-way with the adjacent parcel. The Department of Public Service has agreed to transfer the right-of-way and release the highway easement via a quitclaim deed as described and shown within attached legal descriptions and exhibits, and extinguishes its need for this public right-of-way and highway easement.
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 and highway easement area, the City will not be adversely affected by the transfer of this right-of-way and the release of the highway easement.
The Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for these above mentioned areas, and a value of $86,943.00 for the portion was established. This value is at a reduced easement retention value.
This request went before the Land Review Commission on March 16, 2023. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred and the referenced highway easement portion be released to WestBend QOZB, LLC at the cost of $86,943.00 and a general utility easement will be retained.
2. FISCAL IMPACT: The City will receive a total of $86,943.00 and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the right-of-way and release of the highway easement.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of 0.998 acre portion of McKinley Avenue right-of-way and release a 0.122 acre portion of highway easement to WestBend QOZB, LLC. ($86,943.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from WestBend QOZB, LLC, asking that the City transfer to them 2 portions of the McKinley Avenue right-of-way totaling 0.998 acres, and release 0.122 acres of highway easement. Right-of-way and highway easement areas are adjacent to and abutting at the west of the parcel at 2610 McKinley Avenue i.e. PID 010-146253; and
WHEREAS Transfer of this right-of-way and release of the highway easement will allow the incorporation of the right-of-way with the adjacent parcel; and
WHEREAS, the Department of Public Service has agreed to transfer the right-of-way and release the highway easement via a quitclaim deed as described and shown within attached legal descriptions and exhibits, and extinguishes its need for this public right-of-way and highway easement; 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 and highway easement area, the City will not be adversely affected by the transfer of this right-of-way and the release of the highway easement; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for these above mentioned areas; and
WHEREAS, a value of $86,943.00 for the portion was established; and
WHEREAS, this request went before the Land Review Commission on March 16, 2023; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to and the referenced highway easement portion be released to WestBend QOZB, LLC at the cost of $86,943.00 and a general utility easement will be retained; 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 and release the highway easement as described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to WestBend QOZB, LLC.
SECTION 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way and highway easement 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 and highway easement shall be retained unto the City of Columbus for those utilities located within said right-of-way and highway easement area.
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 City will receive a total of $86,943.00, to be deposited in Fund 7748, Project P537650.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.