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File #: 0443-2004    Version: 1
Type: Ordinance Status: Passed
File created: 2/25/2004 In control: Public Service & Transportation Committee
On agenda: 3/15/2004 Final action: 3/17/2004
Title: To authorize the Public Service Director to execute those documents required to transfer a portion of the 20 foot wide alley west of Kirby Avenue, north of Wharton Avenue to Raymond G. and Betty S. Ramagasse and to waive the competitive bidding provisions of Columbus City Codes.
Attachments: 1. ORD0443-2004 Ramagasse Sale.pdf
...Explanation
 
The City of Columbus, Public Service Department, Transportation Division, recently received a request from Raymond G. and Betty S. Ramagasse asking that the City sell that portion of the 20 foot wide unimproved alley west of Kirby Avenue from Wharton Avenue to the centerline of the vacated alley north of Wharton Avenue.  Sale of this excess right-of-way to Mr. and Mrs. Ramagasse will provide for driveway access, additional parking and additional side yard for their abutting property.  After investigation it was determined that there are no objections to the sale of this right-of-way to the abutting property owners.  The Department of Law, Real Estate Division established a value of $996.82 for this right-of-way.  The Land Review Commission voted to recommend that this right-of-way be sold to Mr. and Mrs. Ramagasse for the Real Estate established value of $996.82.
 
The City will receive a total of $996.82, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
 
Title
 
To authorize the Public Service Director to execute those documents required to transfer a portion of the 20 foot wide alley west of Kirby Avenue, north of Wharton Avenue to Raymond G. and Betty S. Ramagasse 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 Raymond G. and Betty S. Ramagasse, asking that the City sell a portion of the 20 foot wide alley west of Kirby Avenue, north of Wharton Avenue; and
 
WHEREAS, sale of this excess right-of-way to Mr. and Mrs. Ramagasse will provide for driveway access, additional parking and additional side yard for their abutting property; 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 $996.82 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 Raymond G. and Betty S. Ramagasse for $996.82; to-wit:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a 20 foot wide alley as delineated on the plat of Wharton Place as recorded in Plat Book 5, Page 42, Recorder's Office, Franklin County, Ohio and being more particularly bounded and described as follows:
Beginning at a set iron pin in the north line of Wharton Avenue, 50 feet wide, at the southeast corner of Lot 115 of said Wharton Place;
Thence, along the east line of said Lot 115 and the west line of said 20 foot alley, North 16 degrees 28 minutes 41 seconds West, 214.62 feet to a set iron pin at the intersection of the west line of said 20 foot alley with the centerline of a 20 foot alley, vacated by City of Columbus Ordinance Number 11-65;
Thence, along the centerline of said vacated alley produced easterly, North 77 degrees 54 minutes 07 seconds East, 20.06 feet to a set iron pin in the west line of Lot 133 of said Wharton Place;
Thence, along part of the west line of said Lot 133 and the west line of Lots 134, 135, 136, 137, 138, and 139 of said Wharton Place, South 16 degrees 28 minutes 41 seconds East, 219.00 feet to a set iron pin at the southwest corner of said Lot 139 and in the north line of Wharton Avenue;
Thence, along the north line of Wharton Avenue, West, 20.86 feet to the Point of Beginning, CONTAINING 0.100 ACRES.
Iron pins set are 30" X 1" O.D. with an orange plastic cap inscribed "P.S. 6579".  Basis of bearing is assumed to be West on the centerline of Wharton Avenue.  This description is based on a field survey by Myers Surveying Company, Inc., in October 2001.
Paul T. Dinan, P.S., No. 7312
 
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 $996.82 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.