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File #: 1352-2005    Version: 1
Type: Ordinance Status: Passed
File created: 7/19/2005 In control: Public Service & Transportation Committee
On agenda: 9/19/2005 Final action: 9/21/2005
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 Dolphin Alley, Lee Avenue, Sigsbee Avenue and Ericson Alley to Mt. Zion Missionary Baptist Church and Rosetta J. Rhodes for a total of $15,066.60, and to waive the competitive bidding provisions of Columbus City Codes.
Attachments: 1. ORD 1352-2005 Sale to Mt. Zion.pdf
Explanation
 
The City of Columbus, Public Service Department, Transportation Division, received a request from Mt. Zion Missionary Baptist Church (the "Church") and from Rosetta J. Rhodes, asking that the City sell them those rights-of-way identified as portions of Dolphin Alley, Lee Avenue, Sigsbee Avenue and Ericson Alley.  Sale of these rights-of-way will increase the size of the adjacent lots 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 subject to the retention of a general utility easement for those utilities currently located within Ericson Alley.  The Department of Law, Real Estate Division, established a total value of $15,066.60 for these rights-of-way.  The Land Review Commission voted to recommend that these rights-of-way be transferred to Mt. Zion Missionary Baptist Church and Rosetta J. Rhodes for the values established by the Real Estate Division.
 
Fiscal Impact:  The City will receive a total of $15,066.60, 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 Dolphin Alley, Lee Avenue, Sigsbee Avenue and Ericson Alley to Mt. Zion Missionary Baptist Church and Rosetta J. Rhodes for a total of $15,066.60, 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 Mt. Zion Missionary Baptist Church (the "Church") and Rosetta J. Rhodes asking that the City sell them those rights of way identified as portions of Dolphin Alley, Lee Avenue, Sigsbee Avenue and Ericson Alley; and
 
WHEREAS, sale of these rights-of-way to the Church and Ms. Rhodes will increase the size of their adjacent lots and will allow the Church 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 rights-of-way subject to the retention of a general utility easement for those utilities currently located within Ericson Alley; and
 
WHEREAS, a value of $15,066.60 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 and Ms. Rhodes for a total of $15,066.60; 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 Mt. Zion Missionary Baptist Church for $13,531.00; to-wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 18, United States Military Lands, being 0.495 acres of part of the City of Columbus of American Addition as recorded in Plat Book 5, Page 449 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning at a ¾" ID pipe set at the southeast corner of Lot 25 and southwest corner of Lot 26 of said American Addition being the Point of Beginning;
Thence South 85°25'48" East a distance of 50.00 feet, along the southerly line of said Lot 26 and northerly line of Dolphin Alley, to a ¾" ID pipe set at the southeast corner of said Lot 26 on the westerly right of way of Sigsbee Avenue;
Thence North 4°08'55" East a distance of 128.11 feet, along the easterly line of said Lot 26 and westerly line of said Sigsbee Avenue, to a ¾" ID pipe at the northeast corner of said Lot 26 on the southerly right of way of Dewey Avenue;
Thence South 85°52'06" East a distance of 50.00 feet, along the southerly right of way of said Dewey Avenue, to a ¾" ID pipe set at the northwest corner of Lot 46 on the easterly right of way of said Sigsbee Avenue;
Thence South 4°08'55" West a distance of 128.50 feet, along the westerly line of said Lot 46 and easterly line of said Sigsbee Avenue, to a ¾" ID pipe set at the southwest corner of said Lot 46 on a northerly line of said Dolphin Alley;
Thence South 85°25'48" East a distance of 280.00 feet, along the northerly line of said Dolphin Alley, to a ¾" ID pipe set at the southeast corner of Lot 53 on the westerly right of way of Lee Avenue;
Thence North 4°08'55" East a distance of 130.64 feet, along the easterly line of said Lot 53 and westerly line of said Lee Avenue, to a ¾" ID pipe set at the northeast corner of said Lot 53 on the southerly right of way of said Dewey Avenue;
Thence South 85°52'06" East a distance of 50.00 feet, along the southerly right of way of said Dewey Avenue, to a ¾" ID pipe set at the northwest corner of Lot 92 on the easterly line of said Lee Avenue;
Thence South 4°08'55" West a distance of 151.02 feet, along the westerly line of said Lot 92 and easterly line of said Lee Avenue, to a ¾" ID pipe set in the southerly line of said American Addition and Dolphin Alley;
Thence North 85°25'48" West a distance of 430.00 feet, along the southerly line of said American Addition and Dolphin Alley, to a ¾" ID pipe set;
Thence North 4°08'55" East a distance of 20.00 feet to the Point of Beginning containing 21,557 square feet or 0.495 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in July of 2005.
Bearings are based upon the centerline of Joyce Avenue with an assumed bearing of South 4°08'55" West and all other bearings based upon this meridian.
 
HOCKADEN AND ASSOCIATES, INC.
Consulting Engineers and Surveyors
Frank C. Long, Professional Surveyor No. 6615
 
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 Rosetta J. Rhodes for $1,535.60; to-wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 18, United States Military Lands, being 0.495 acres of part of the City of Columbus of American Addition as recorded in Plat Book 5, Page 449 (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning at a ¾" ID pipe set at the southeast corner of Lot 25 and southwest corner of Lot 26 of said American Addition being the Point of Beginning;
Thence South 4°08'55" West a distance of 20.00 feet to a ¾" ID pipe set at the southerly boundary line of said American Addition and southerly line of Dolphin Alley;
Thence North 85°25'48" West a distance of 100.00 feet, along the southerly line of said American Addition and Dolphin Alley, to a ¾" ID pipe set at the southeast corner of Lot 1 on the westerly line of Ericson Alley;
Thence North 4°08'55" East a distance of 146.97 feet, along the westerly line of said Ericson Alley, to a ¾" ID pipe set at the northeast corner of Lot 4 on the southerly right of way of Dewey Avenue;
Thence South 85°52'06" East a distance of 20.00 feet, along the southerly right of way of said Dewey Avenue, to a ¾" ID pipe set at the northwest corner of Lot 24;
Thence South 4°08'55" West a distance of 127.12 feet, along the westerly line of said Lot 24 and easterly line of said Ericson Alley, to a ¾" ID Pipe set at the southwest corner of said Lot 24 on the northerly line of said Dolphin Alley;
Thence South 85°25'48" East a distance of 80.00 feet, along the northerly line of said Dolphin alley, to the Point of Beginning containing 4,541 square feet or 0.104 acres more or less according to an actual field survey made by Hockaden and Associates, Inc. in July of 2005.
Bearings are based upon the centerline of Joyce Avenue with an assumed bearing of South 4°08'55" West and all other bearings based upon this meridian.
 
HOCKADEN AND ASSOCIATES, INC.
Consulting Engineers and Surveyors
Frank C. Long, Professional Surveyor No. 6615
 
Section 3.  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 4.  That a general utility easement in, on, over, across and through the above described Ericson Alley shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess right-of-way.
 
Section 5.  That the $15,066.60 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 6.  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 7.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.