Explanation
Background: The City of Columbus, Department of Public Service, received a request from Knot Your Bus LLC, asking that the City transfer them a 0.090 Acre portion of the Leonard Avenue right-of-way for the purpose to incorporate this property into planned construction improvements for adjacent properties. Right-of-way area is unimproved and is adjacent to the parcel at and near to Leonard Avenue. (PID 010-055122).
Transfer of this right-of-way will be to allow incorporation of the right-of-way with the adjacent parcels for improvements. The Department of Public Service has agreed to transfer the right-of-way via a quitclaim deed as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way.
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, the City will not be adversely affected by the transfer of this right-of-way.
The Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $7,840.00 for the portion was established. This value is at a reduced easement retention value.
This request went before the Land Review Commission on October 17, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Knot Your Bus LLC, at the cost of $7,840.00 and a general utility easement will be retained.
FISCAL IMPACT: The City will receive a total of $7,840.00 and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
Emergency Justification
Emergency action is requested, due to the short construction season in Ohio. This will allow the deed to be recorded as soon as possible, so the County can combine the lots and issue parcel numbers, allowing the development to proceed, certified addresses to be issued, construction of proposed roads, homes/buildings to be built. Additionally, it will allow the inspection and Construction Agreement to be finalized with the City.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of 0.090 acre portion of Leonard Avenue right-of-way to Knot Your Bus LLC; and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Knot Your Bus LLC, asking that the City transfer them a 0.090 acre acre portion of the Leonard Avenue right-of-way for the purpose to incorporate this property into planned construction improvements for adjacent properties. Right-of-way area is unimproved and is adjacent to the parcel at and near to Leonard Avenue. (PID 010-055122); and
WHEREAS Transfer of this right-of-way will be to allow incorporation of the right-of-way with the adjacent parcels for improvements; and
WHEREAS, the Department of Public Service has agreed to transfer via quitclaim deed the right-of-way as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way; 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, the City will not be adversely affected by the transfer of this right-of-way; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way; and
WHEREAS, a value of and a value of $7,840.00 for the portion was established; and
WHEREAS, this request went before the Land Review Commission on October 17, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Knot Your Bus LLC, at the cost of $7,840.00; and
WHEREAS, an emergency exists due to the short construction season in Ohio. Emergency declaration will allow the deed to be recorded as soon as possible, so the County can combine the lots and issue parcel numbers, allowing the development to proceed, certified addresses to be issued, construction of proposed roads, homes/buildings to be built. Additionally, it will allow the inspection and Construction Agreement to be finalized with the City expeditiously, for the immediate preservation of the public peace, health, property, and safety; 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 described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to Knot Your Bus LLC; to-wit:
RIGHT-OF-WAY DESCRIPTION
0.090 ACRE
Situated in the City of Columbus, County of Franklin, State of Ohio, being part of the north and south 16 foot wide alley located west of Brentnell Avenue and south of Leonard Avenue, adjacent to Lots numbered One Hundred Three (103) through One Hundred Sixteen (116) as dedicated on the plat of H.H. Parson’s Subdivision recorded in Plat Book 7, Page 238 in the Franklin County’s Recorder’s Office, being more particularly bounded and described as follows:
Beginning at a Mag Nail Found at the south west corner of Lot One Hundred Three (103) and at the intersection of the east line of said 16 foot wide north and south alley and north line of a 16 foot wide east and west alley also dedicated on the plat of said H.H. Parson’s Subdivision, said Mag Nail Found being the TRUE POINT OF BEGINNING;
Thence with the north line of said east and west alley, N87°11’50”W 16.00 feet to an Iron Pin Set (1/2 inch diameter Iron Pipe Found Broken and Destroyed; replaced) at the intersection of the west line of said 16 foot Wide north and south alley and at a south east corner of Lot One Hundred Sixteen (116);
Thence with the west line of said north and south alley and east lines of Lots One Hundred Sixteen (116) to One Hundred Thirteen (113), passing an Iron Pin Found (CW DESIGN GROUP LLC) at 47.24 feet, N03°13’13”E 238.34 feet to an Iron Pin Set;
Thence with a new line through said north and south alley, N57°40’07”E 19.67 feet to a an Iron Pin Set in the west line of Lot One Hundred Ten (110);
Thence with the east line of said north and south alley and west lines of Lots One Hundred
Ten (110) to One Hundred Three (103), S03°13’13”W 249.53 feet to the TRUE POINT OF BEGINNING;
Containing 0.090 Acre, more or less.
Subject to all existing rights-of-way and easements of record.
The bearings described herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2011) Epoch 2010. The west line of Brentnell Avenue, having a bearing of S02°55’27”W and monumented as described herein is designated the “basis of bearing” for this survey.
Iron Pins Set are 5/8” diameter x 30” long rebar with red plastic cap stamped “H&S 8915”.
Section 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way 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 shall be retained unto the City of Columbus for those utilities located within said right-of-way.
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 $7,840.00 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 7748, Project P537650.
Section 6. That for the reasons stated in the preamble hereto, which 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.