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File #: 0871-2012    Version: 1
Type: Ordinance Status: Passed
File created: 4/16/2012 In control: Public Service & Transportation Committee
On agenda: 5/7/2012 Final action: 5/9/2012
Title: To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.067 acre portion of the right-of-way identified as the north-south alley known as Lisle Alley east of Parsons Avenue between Livingston Avenue and Denton Street, and a 0.074 acre portion of the right-of-way indentified as the east-west alley known as Denton Alley south of Livingston Avenue between Parsons Avenue and Lisle Alley to Nationwide Children's Hospital.
Attachments: 1. 0871-2012 ROW Descriptions
Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Nationwide Children's Hospital asking that the City sell them a 0.067 acre portion of the right-of-way identified as the north-south alley known as Lisle Alley east of Parsons Avenue between Livingston Avenue and Denton Street, and a 0.074 acre portion of the right-of-way indentified as the east-west alley known as Denton Alley south of Livingston Avenue between Parsons Avenue and Lisle Alley. Transfer of these rights-of-way will allow for the development of property adjacent to the above named rights-of-way, currently owned by Nationwide Children's Hospital.  
 
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 these rights-of-way, the City will not be adversely affected by the transfer of these rights-of-way.
Then Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for these rights-of-way.  A value of $32,704.00 was established for these rights-of-way.  After review of the request, the Land Review Commission voted to recommend the above referenced rights-of-way be transferred to Nationwide Children's Hospital for $32,704.00.
2. FISCAL IMPACT:
The City will receive a total of $32,704.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested rights-of-way.
 
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 0.067 acre portion of the right-of-way identified as the north-south alley known as Lisle Alley east of Parsons Avenue between Livingston Avenue and Denton Street, and a 0.074 acre portion of the right-of-way indentified as the east-west alley known as Denton Alley south of Livingston Avenue between Parsons Avenue and Lisle Alley to Nationwide Children's Hospital.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Nationwide Children's Hospital, asking that the City transfer a 0.067 acre portion of the right-of-way identified as the north-south alley known as Lisle Alley east of Parsons Avenue between Livingston Avenue and Denton Street, and a 0.074 acre portion of the right-of-way indentified as the east-west alley known as Denton Alley south of Livingston Avenue between Parsons Avenue and Lisle Alley, to them; and
 
WHEREAS, acquisition of these rights-of-way will allow Nationwide Children's Hospital to redevelop property that is currently owned by Nationwide Children's Hospital; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities and applicable area commissions, before it was determined that, subject to the retention of a general utility easement for those utilities currently located within these rights-of-way, the City will not be adversely affected by the transfer of these rights-of-way to Nationwide Children's Hospital; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for these rights-of-way; and
WHEREAS, a value of $32,704.00 was established for these rights-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced rights-of-way be transferred to Nationwide Children's Hospital for the amount of $32,704.00; and 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 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 rights-of-way to Nationwide Children's Hospital; to-wit:
 
City of Columbus Lisle Alley (20')
Right of Way Vacation
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 15, Half Section 24, Township 5, Range 22, Scofield's Survey of the Refugee Lands, and being a portion of the 20 foot wide alley, known as Lisle Alley, situated between the south line of Livingston Avenue (width varies) and the north line of Denton Alley (20 feet wide), of "Swayne's Addition", a subdivision of record in Plat Book 2, Page 35, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the southerly right of way line of Livingston Avenue with the westerly right of way line of Lisle Alley, also being a corner referenced in a previous Livingston Ave right of way acquisition by the City of Columbus recorded in Instrument # 200910270154910;
Thence crossing Lisle Alley, South 69° 17' 17" East, a distance of 19.85 feet to an iron pin set on the easterly right of way line of Lisle Alley on the west property line referenced in a deed conveyed to The Children's Hospital per Official Record 16853-B13 now known as Nationwide Children's Hospital per Instrument # 201104150050251 (Tract 11), said point being North 69° 17' 17" West a distance of 0.15 feet from the original east line of Lisle Alley per Plat Book 2 Page 35;
Thence along the property line of said Nationwide Children's Hospital tract and parallel to the original right of way line of Lisle Alley, South 20°36'53" West, a distance of 46.60 feet to an iron pin set;
Thence, South 69°23 '07" East, a distance of 0.15 feet to an iron pin set on the original east right of way line of said Lisle Alley also being on the west property line referenced in a deed conveyed to The Children's Hospital per Official Record 16502-CI2, now known as Nationwide Children's Hospital per Instrument # 201104150050251 (Tract 11);
Thence along said right of way line, South 20°36'53" West, a distance of 99.73 feet to an iron pin set on the north line of Denton Ally, also being the northwesterly corner of Denton Alley vacated by the City of Columbus in Ordinance No. 0856-2006 and conveyed to The Children's Hospital in Instrument# 200607210143574, now known as Nationwide Children's Hospital, per Instrument# 201104150050251 (Tract 11);
Thence along the north line of Denton Alley, North 69° 13' 11 " West, a distance of 20.00 feet to an iron pin set on the westerly right of way line of Lisle Alley and being the south east corner of a tract conveyed to The Children's Hospital in Instrument # 200706050096894, now known as Nationwide Children's Hospital per Instrument # 201104150050251 (Tract 12);
 
Thence along said right of way line and the east line of said Children's Hospital tract, North 20°36'53" East, a distance of 146.30 feet to the TRUE POINT OF BEGINNING and containing 0.067 acres more or less.
The basis of bearing of this description is based on Livingston Avenue being, North 69° 1 7' 17" West as determined by monumentation found in the field and as shown in Children's Hospital Urban Renewal Area Plat A and recorded in Plat Book 43 Page 17.
Iron pins noted as set are 30" x 5/8" iron bars capped "KNE 8322".
This description is based on a field survey made by Kordal/Nemeth Engineering Inc., December of 2006 under the direction and supervision of Nathan W. Anderson, Registered Surveyor No. 8322.
 
City of Columbus Denton Alley (20') Right of Way Vacation Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 15, Half Section 24, Township 5, Range 22, Scofield's Survey of the Refugee Lands, and being a portion of the 20 foot wide alley, known as Denton Alley, situated between the east line of Parsons Avenue (width varies) and the east line of Lisle Alley (20 feet wide), as shown in "Swayne's Addition", a subdivision of record in Plat Book 2, Page 35, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
Beginning at an iron pin set at the intersection of the easterly right of way line of Parsons Avenue and the northerly right of way line of Denton Alley, also being a corner referenced in a previous Parsons Ave right of way acquisition by the City of Columbus recorded in Instrument # 200910290156281;
Thence along the north right of way line of Denton Alley, South 69°13'11" East a distance of 162.51 feet to an iron pin set on the east right of way line of Lisle Alley, also being the northwesterly corner of Denton Alley vacated by the City of Columbus in Ordinance No. 0856-2006 and conveyed to The Children's Hospital per Instrument # 200607210143574, now known as Nationwide Children's Hospital, per Instrument # 201104150050251;
Thence crossing Denton Alley along a line referenced in said previous Denton Alley vacation, South 08°28' 19" West, a distance of 20.70 feet to an iron pin set on the southerly right of way line of Denton Alley and being the northeasterly corner of Lisle Alley vacated by the City of Columbus in Ordinance No. 0584-03 and conveyed to The Children's Hospital per Instrument # 200305050130673, now known as Nationwide Children's Hospital, per Instrument # 201104150050251;
Thence along said right of way line, North 69°13'11" West, a distance of 155.62 feet to an iron pin set on the easterly right of way line of Parsons Avenue, said point referenced in a previous Parsons Avenue right of way acquisition by the City of Columbus recorded in Instrument # 200712310221612;
Thence crossing Denton Alley, North 08°25'02" West, a distance of23.17 feet to the TRUE POINT OF BEGINNING and containing 0.074 acres more or less.
The basis of bearing of this description is based on Livingston Avenue being, North 69° 1 7' 17" West as determined by monumentation found in the field and as shown in Children's Hospital Urban Renewal Area Plat A and recorded in Plat Book 43 Page 17.
Iron pins noted as set are 30" x 5/8" long iron bars capped "KNE 8322".
This description is based on a field survey made by Kordal/Nemeth Engineering Inc., in December of 2006 under the direction and supervision of Nathan W. Anderson, Registered Surveyor No. 8322.
 
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 rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities located within said rights-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 $32,704.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 748, Project 537650.
SECTION 6.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.