Explanation
Background: The City of Columbus, Department of Public Service, received a request from Gordon Property Management LLC, asking that the City transfer them a 2,301 square foot (0.053 acre) portion of the right-of-way near Frebis Avenue. The right-of-way area is an unnamed alley running west/east directionally. It is the first alley south of Frebis Avenue; east of and adjacent to Oakwood; west of and adjacent to the unnamed alley.
Transfer of this right-of-way will be to allow the owner to fence in the area for parking and storage. 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 $6,900.00 was established.
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 Gordon Property Management LLC at the cost of $6,900.00 to them.
FISCAL IMPACT: The City will receive a total of $6,900.00 and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of 0.053 acre portion of Frebis Avenue to Gordon Property Management LLC. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Gordon Property Management LLC asking that the City transfer them a 2,301 square foot (0.053 acre) portion of the right-of-way near Frebis Avenue. The right-of-way area is an unnamed alley running west/east directionally. It is the first alley south of Frebis Avenue; east of and adjacent to Oakwood; west of and adjacent to the unnamed alley; and
WHEREAS, transfer of this right-of-way will be to allow the owner to fence in the area for parking and storage; 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 $6,900.00 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 Gordon Property Management LLC at the cost of $6,900.00; 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 Gordon Property Management LLC; to-wit:
DESCRIPTION OF A PORTION OF AN ALLEY SOUTH OF FREBIS AVENUE,
EAST OF OAKWOOD AVENUE,
CITY OF COLUMBUS, FRANKLIN CO., OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 40, Township 5 North, Range 22 West, Refugee Lands, and being a portion of the first 16 foot east-west Alley south of Frebis Avenue and east of Oakwood Avenue, dedicated in the plat entitled The HAAG Addition, of record in Plat Book 10, Pages 356-357, and the plat entitled Earnhart Addition, of record in Plat Book 19, Page 51, all references being to the Recorder’s Office, Franklin County, Ohio and bounded described as follows:
Beginning at an iron pin set at the southwest corner of Lot 58, at the southeast corner of Lot 57, and in the north line of the said Alley (16 feet in width), each of which is as shown upon the plat entitled Earnhart Addition, of record in Plat Book 19, Page 51, said iron pin being S 86⁰ 09’ 25” E a distance of 48.50 feet from the southwest corner of said Lot 57 and from the east right-of-way line of Oakwood Avenue (50 feet in width);
thence S 86⁰ 09’ 25” E along the south line of said Lot 58, along the south line of Lot 59, as shown upon said plat entitled Earnhart Addition, along the south line of Lot 64, as shown upon the plat entitled The Haag Addition, of record in Plat Book 10, Pages 356-357, and along a portion of the north line of said Alley a distance of 143.77 feet to a railroad spike set at the southeast corner of said Lot 64 and at the intersection of the north line of said Alley (16 feet in width) with the west line of an Alley (20 feet in width) east of Oakwood Avenue, said Alley as shown upon said plat entitled The Haag Addition (passing an iron pin set at the southeast corner of said Lot 59 at 80.06 feet);
thence S 03⁰ 53’ 49” W along the east end of said Alley (16 feet in width) and along a portion of the west line of said Alley (20 feet in width) a distance of 16.00 feet to a railroad spike set at the northeast corner of Lot 60, as shown upon the plat entitled Earhart Addition;
thence N 86⁰ 09’ 25” W along a portion of the south line of said Alley (16 feet in width) and along a portion of the north line of said Lot 60 a distance of 143.87 feet to a railroad spike set;
thence N 04⁰ 15’ 44” E crossing said Alley (16 feet in width) a distance of 16.00 feet to the place of beginning;
containing 2,301 square feet (0.053 acre) of land, more or less, and being subject to all easements and restrictions of record. Of the above described 0.053 acre, all are within the current Alley as noted.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of V3 Companies, Ltd, Consulting Engineers & Surveyors, Columbus, Ohio, an actual field survey performed under his supervision in November, 2024. All 5/8” iron pins set are 30” in length with a plastic cap stamped "V3 PX OH FIRM #04838". Basis of bearings is the centerline Frebis Avenue, being S 86° 09' 25” E, derived from Ohio RTN observations referencing monument, PID designation of DI1686 and CORS_ID of OHUN, Ohio South Zone, NAD 83 (2011) Epoch 2010, and all other bearings are based upon this meridian.
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 $6,900.00 to be received by the City as consideration for the sale of these rights-of-way shall 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.