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File #: 0673-2006    Version: 1
Type: Ordinance Status: Passed
File created: 3/22/2006 In control: Public Service & Transportation Committee
On agenda: 4/24/2006 Final action: 4/27/2006
Title: To authorize the Director of the Public Service Department to execute those documents required to transfer that right-of-way identified as the first alley west of Parkwood Avenue from Clifton Avenue to the south line of the first alley north of Clifton Avenue to Asbury North United Methodist Church, for a total of $1,976.00, and to waive the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
Attachments: 1. Ord 0673-2006 sale to Asbury North.pdf
Explanation
 
The City of Columbus, Public Service Department, Transportation Division, received a request from Asbury North United Methodist Church asking that the City sell them that right-of-way identified as the first alley west of Parkwood Avenue from Clifton Avenue to the south line of the first alley north of Clifton Avenue.  Sale of this right-of-way will provide enough area to allow for the construction of 12 additional off street parking places for the church.  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 alley.  The Department of Law, Real Estate Division, established a total value of $1,976.00 for this right-of-way.  The Land Review Commission voted to recommend that this right-of-way be transferred to Asbury North United Methodist Church for the value established by the Real Estate Division.
 
Fiscal Impact:  The City will receive a total of $1,976.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
 
Emergency action is requested to allow the Church to begin and to complete construction of this additional parking as early as possible this summer.
 
Title
 
To authorize the Director of the Public Service Department to execute those documents required to transfer that right-of-way identified as the first alley west of Parkwood Avenue from Clifton Avenue to the south line of the first alley north of Clifton Avenue to Asbury North United Methodist Church, for a total of $1,976.00, and to waive the competitive bidding provisions of Columbus City Codes; and to declare an emergency.
 
Body
 
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Asbury North United Methodist Church asking that the City sell them that right-of-way identified as the first alley west of Parkwood Avenue from Clifton Avenue to the south line of the first alley north of Clifton Avenue; and
 
WHEREAS, sale of this right-of-way to Asbury North United Methodist Church will allow them to construct 12 additional off street parking places for their church members; 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 $1,976.00 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 Asbury North United Methodist Church for a total of $1,976.00; and
 
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department, Transportation Division, in that it is immediately necessary to authorize the Public Service Director to execute those documents necessary to transfer this excess right-of-way to the Church so that construction of the proposed parking area can be started and completed as early as possible this summer for the preservation of the public health, peace, property, safety and welfare; 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 Asbury North United Methodist Church for $1,967.00; to-wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being all of a twenty (20) foot alley between Lots 9 and 10 of Woodland Park Addition, as same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Page 132, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at the southwest corner of said Lot 10, being the intersection of the north line of Clifton Avenue (50 feet wide) with the east line of said alley;
Thence, along the north line of said Clifton Avenue produced WEST, 20.00 feet to a set iron pipe at the intersection of said line with the west line of said alley, being the southeast corner of said Lot 9;
Thence, along the west line of said alley and the east line of said Lot 9, North 00°06'12" East, 149.70 feet to a set iron pipe at the intersection of said line with the south line of a twenty (20) foot alley, being the northeast corner of said Lot 9;
Thence, along the south line of said alley produced, EAST, 20.00 feet to a set iron pipe at the northwest corner of said Lot 10;
Thence, along the east line of said twenty (20) foot alley and the west line of said Lot 10, South 00°06'12" West, 149.70 feet to the place of beginning (passing a reference iron pipe set at 144.70 feet) CONTAINING 0.069 ACRES (2,994 Square Feet).
The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in February 2006.  Iron pipe set are 30" X 1" (O.D.) with an orange plastic cap inscribed "P.S. 6579".  Bearings are based on the centerline of Clifton Avenue held as WEST.
 
MYERS SURVEYING COMPANY, INC.
Matthew D. Farley, P.S., Registered Surveyor No. 7566
 
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 alley shall be and hereby is retained unto the City of Columbus for those utilities currently located within said unimproved right-of-way.
 
Section 4.  That the $1,976.00 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 5.  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 6.  That for the reasons stated in the preamble hereto, whic is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.