Explanation
Background: The City of Columbus, Department of Public Service, received a request from Moghtada Taghavi asking that the City transfer them two portions of right-of-way totaling 9,888 square foot (0.227 acre). The requested portions are at/near Cochrane Avenue. Portion details are as follows;
Northern portion - 2,918 sq ft. (0.067 acre). East to west measures 155’+/- and north to south is 85’+/-. Groveport Road is to the east and Parsons Avenue is to the west just south of the intersection of Groveport Road and Parsons Avenue. This portion of right-of-way is on the north side of, and is adjacent to, parcels already owned by the applicant, Moghtada Taghavi. PID = 010-112670, 010-112669, 010-112668, 010-113413, and 010-113412.
Southern portion - 6,970 sq ft. (0.160 acre). East to west measures 122’+/- and north to south is 50’+/-. This portion is on the south of and adjacent to the above mentioned parcels.
Transfer of this right-of-way will be to allow the owner to have the ability to connect all of his parcels at the specified location for better utilization of his property.
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 $6,969.00 was established.
This request went before the Land Review Commission on January 18, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Moghtada Taghavi at the cost of $6,969.00 to them.
FISCAL IMPACT: The City will receive a total of $6,969.00 and the funds are to be deposited in Fund 7748, Project 537650, 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 0.227 acre portion of the above mentioned right-of-way to Moghtada Taghavi.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Moghtada Taghavi asking that the City transfer them two portions of right-of-way totaling 9,888 square foot (0.227 acre). The requested portions are at/near Cochrane Avenue. Portion details are as follows;
Northern portion - 2,918 sq ft. (0.067 acre). East to west measures 155’+/- and north to south is 85’+/-. Groveport Road is to the east and Parsons Avenue is to the west just south of the intersection of Groveport Road and Parsons Avenue. This portion of right-of-way is on the north side of, and is adjacent to, parcels already owned by the applicant, Moghtada Taghavi. PID = 010-112670, 010-112669, 010-112668, 010-113413, and 010-113412.
Southern portion - 6,970 sq ft. (0.160 acre). East to west measures 122’+/- and north to south is 50’+/-. This portion is on the south of and adjacent to the above mentioned parcels; and
WHEREAS, transfer of this right-of-way will be to allow the owner to have the ability to connect all of his parcels at the specified location for better utilization of his property; 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 $6,969.00 was established; and
WHEREAS, this request went before the Land Review Commission on January 18, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Moghtada Taghavi at the cost of $6,969.00; 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 Moghtada Taghavi; to-wit:
Cochrane Ave.
Area 1
0.140 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 4, Township 4, Range 22, Congress Lands East of the Scioto, being a part of Cochrane Ave. (50’ R/W), originally dedicated as Caroline Ave. (See Ord No. 563-57), PLAT OF WOLFEL ADDITION TO THE CITY OF COLUMBUS OHIO, as delineated, of record in P.B. 7, PG. 102, Franklin County Recorder’s Records, said Cochrane Ave., containing 0.160 acres of land being more particularly described as follows:
BEGINNING at a P.K. nail set at the Northwest corner of Lot 10 of said P.B.7, PG 102, the Northeast corner 0.176 acre tract of land, as conveyed to Moghtada A. Taghavi, of record in In #200906230090768, the Southeast corner of a 1.821 acre tract of land, as conveyed to SFG Columbus Parsons LLC., of record in IN # 202107290134123, and being the South right-of-way of the Westerly terminus of said Cochrane Ave., thence; N 04° 30’ 00” E, a distance of 50.00 feet, along the East line of said 1.821 acre tract, and the
Westerly terminus of said Cochrane Ave., to a P.K. nail set on the North right-of-way line of said Cochrane Ave., the Southwest corner of Lot 9 of said P.B. 7, PG. 102, and the East line of said 1.821 acre tract, thence; S 85° 30’ 00” E, a distance of 122.00 feet, along the South line of Lots 5-9 of said P.B. 7, PG. 102, and the North right-of-way of said Cochrane Ave., to an iron pin set and the South line of said Lot 5, the North right-of-way of said Cochrane Ave., thence; S 04° 30’ 00” W, a distance of 50.00 feet, going through said Cochrane Ave., to an iron pin set on the South right-of-way line of said Cochrane Ave., and at the Northwest corner of Lot 14 and the Northeast corner of Lot 13 of said P.B. 7, PG. 102, thence; N 85° 30’ 00” W, a distance of 122.00 feet, along the South line of said Cochrane Ave., and along the North line of Lots 10-13, to the TRUE POINT OF BEGINNING, said Cochrane Ave., containing 0.140 acres, more or less and subject to all legal easements and rights-of-way of record. Bearings are based on the North line of a 12’ wide Alley, as being S 85° 30’ 00” E, as shown on P.B. 7, PG, 102. Based on an actual survey performed under the direct supervision of Michael R. Ziska during April 30, 2024, Registered Surveyor # 8621. Iron pins set are ¾” by 30” with cap inscribed “TT ”.
12’/15’ WIDE ALLEY
Area 2
0.067 ACRES
Situated in the State of Ohio, County of Franklin , City of Columbus, Section 4, Township 4, Range 22, Congress Lands East of the Scioto, being a part of a 12’/15’ Wide Alley adjacent to Lots 1-9, PLAT OF WOLFEL ADDITION TO THE CITY OF COLUMBUS OHIO, as delineated, of record in P.B. 7, PG. 102, Franklin County Recorder’s Records, said 12’/15’ Wide Alley containing 0.067 acres of land being more particularly described as follows:
BEGINNING at an iron pin set at the Northwest corner of said Lot 9, being in the Southwest corner of the Westerly terminus of said 12’ Wide Alley, and the East line of a 1.821 acre tract of land, as conveyed to SFG Columbus Parsons LLC., of record in IN # 202107290134123, thence; N 04° 30’ 00” E, a distance of 12.00 feet, along the Westerly terminus of said 12’ Wide Alley, and the East line of said 1.821 acre tract, to an iron pin set on the South line of a 1.002 acre tract of land, as conveyed to Time Warner Cable Midwest LLC., of record in IN #201302110023890, being in the Northeast corner of said 1.821 acre tract, and the Northwest corner of said 12’ Wide Alley, and being in the common line of Lots 5 and 6 of the Partition of Elizabeth Stambaugh Estate, Franklin County Common Pleas Complete Record 39, PG. 339, thence; S 85° 30’ 00” E, a distance of 154.40 feet, along the South line of said 1.002 acre tract and the North line of said 12’ Wide Alley, in said common line of Lots 5 and 6 to an iron pin set on the South line of said 1.002 acre tract, and the Northwest corner of said Lot 1, and the Northeast corner of said 12’/15’ Wide Alley, thence; S 04° 30’ 00” W, a distance of 84.06 feet, along the West line of said Lot 1-3 and the East line of said 15’ Wide Alley, to an iron pin set at the Southwest corner of said Lot 3, the Northwest corner of said Lot 4, and the East line of said 15’ Wide Alley, thence; N 85° 30’ 00” W, a distance of 15.00 feet, going through said 15’ Wide Alley, to an iron pin set on the West line of said 15’ Wide Alley, and the East line of said Lot 5, thence; N 04° 30’ 00” E, a distance of 72.06 feet, along the East line of said Lot 5, and the West line of said 15’ Wide Alley, to an iron pin set at the Northeast corner of said Lot 5, and a Southwest corner of said 12’/15’ Wide Alley, thence;
N 85° 30’ 00” W, a distance of 139.40 feet, along the South line of said 12’ Wide Alley, and along the North line of said Lots 5-9, to the TRUE POINT OF BEGINNING, said 12’/15’ Wide Alley, containing 0.067 acres, more or less and subject to all legal easements and rights-of-way of record. Bearings are based on the North line of a 12’ wide Alley, as being S 85° 30’ 00” E, as shown on P.B. 7, PG, 102. Based on an actual survey performed under the direct supervision of Michael R. Ziska during April 30, 2024, Registered Surveyor # 8621. Iron pins set are ¾” by 30” with cap inscribed “TT ”.
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 this ordinance shall take effect and be in force from and after the earliest period allowed by law.