Explanation
The City of Columbus, Public Service Department, Transportation Division, recently received a request from David C. Fleisher and Charles W. Jett, II, asking that the City sell the 10 foot wide unimproved alley west of 936 Spring Street. Sale of this excess right-of-way to Mr. Fleisher and Mr. Jett will provide additional side yard for the house located at 936 Spring Street. After investigation it was determined that there are no objections to the sale of this right-of-way. The Department of Law, Real Estate Division established a value of $1,193.47 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be sold to for the Real Estate established value of $1,193.47.
The City will receive a total of $1,193.47, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the 10 foot wide unimproved alley west of 936 Spring Street to David C. Fleisher and Charles W. Jett, II, and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request from David C. Fleisher and Charles W. Jett, II, asking that the City sell the 10 foot wide unimproved alley west of 936 Spring Street; and
WHEREAS, sale of this excess right-of-way to Mr. Fleisher and Mr. Jett will provide additional side yard to the house located at 936 Spring Street; and
WHEREAS, after investigation it was determined that there are no objections to the transfer of this right-of-way; and
WHEREAS, the Department of Law, Real Estate Division established a value of $1,193.47 for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be sold for the Real Estate Division established value; 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 David C. Fleisher and Charles W. Jett, II, for $1,193.47; to-wit:
A small tract of land lying within the boundaries of JAS Fullerton Subdivision, (1893) as it is recorded in Plat Book 5, Page 191 in the Franklin County records and being all of a 10 foot wide alley lying between Lot 5 on the East and Lots 1, 2, 3, and 4 on the West, and bounded by another 10 foot alley on the North and Spring Street on the South and more particularly described by metes and bounds as follows:
Beginning at a 5/8-inch rebar set with cap at the Southwest corner of Lot 5, (a small lot owned by Davis Fleisher (Inst. No. 200006210122718) said point being on the North line of Spring Street (50') and in the East line of the heretofore mentioned alley;
Thence South 78 degrees 40 minutes 45 seconds West along the north line of Spring Street 10.18 feet to a 5/8-inch rebar set with cap;
Thence North 00 degrees 31 minutes 43 seconds West along the East line of Lots 4, 3, 2 and 1 of said subdivision 95.22 feet to a 5/8 inch rebar set with cap in the South line of another 10 foot alley;
Thence South 89 degrees 38 minutes 32 seconds East 10.00 feet to a 5/8-inch rebar set with cap at the Northwest corner of Lot 5;
Thence South 00 degrees 31 minutes 43 seconds East along the West line of Lot 5, 93.16 feet to the Point of Beginning.
Containing 0.022 acres all in Franklin County, Ohio.
Basis for bearings is South 00 degrees 31 minutes 43 seconds East the West line of Lot 5 of JAS Fullerton Subdivision
Survey made during November 2003.
David E. Slagle, P.S., No. 7408
Section 2. That the above referenced real property 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 deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the above described excess right-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 4. That the $1,193.47 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 this right-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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.