Explanation
Background: The City of Columbus, Department of Public Service, received a request from Marshall Acquisitions, LLC asking that the City transfer them a 1.190 acre portion of right of way at Eastland Commerce Center. The right-of-way area runs north/south directionally for 860’+/- feet and the width of the requested portion is 60+/- feet. It is adjacent to the parcel 010-211497 at the western side of the ROW portion; and parcel 010-016468 at the eastern side of the ROW portion. Groves Rd. abuts the portion at the north.
Transfer of this right-of-way will allow Marshall Acquisitions, LLC to incorporate it into their current parcels and will be used as the driveway for the property at the noted location. The Department of Public Service has agreed to transfer the right-of-way via a quitclaim deed as described and shown within the 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 $59,611.00 was established.
This request went before the Land Review Commission on February 15, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Marshall Acquisitions, LLC at the cost of $59,611.00 to them.
FISCAL IMPACT: The City will receive a total of $59,611.00 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 1.190 acre portion of right of way at Eastland Commerce Center to Marshall Acquisitions, LLC. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Marshall Acquisitions, LLC asking that the City transfer them a 1.190 acre portion of right of way at Eastland Commerce Center. The right-of-way area runs north/south directionally for 860’+/- feet and the width of the requested portion is 60+/- feet. It is adjacent to the parcel 010-211497 at the western side of the ROW portion; and parcel 010-016468 at the eastern side of the ROW portion. Groves Rd. abuts the portion at the north; and
WHEREAS, transfer of this right-of-way will allow Marshall Acquisitions, LLC to incorporate it into their current parcels and will be used as the driveway for the property at the noted location; 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 $59,611.00 was established; and
WHEREAS, this request went before the Land Review Commission on February 15, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Marshall Acquisitions, LLC at the cost of $59,611.00; 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 Marshall Acquisitions, LLC; to-wit:
Description
Eastland Commerce Center Drive
1.190 Acre Parcel
Situated in the State of Ohio, County of Franklin, and the City of Columbus. Being part of the northeast quarter of Section 28, Township 12 North, Range 21 West of the Refugee Lands and being a portion of the Eastland Commerce Center Drive with a 60-foot right-of-way, as recorded in Plat Book 73 Page 13 of the Franklin County Record of Plats.
Commencing at a mag nail (found) at the northeast corner of Section 28 In Groves Road with a 60-foot right-of-way, as recorded in Plat Book 73 Page 13 of the Franklin County Record of Plats.
Thence from said place of commencement and following the east line of Section 28, South 04 degrees 22 minutes 43 seconds West 30.00 feet to the south right-of-way line of Groves Road.
Thence following the south right-of-way line of Groves Road, North 85 degrees 31 minutes 17 seconds West 657.22 feet to a 5/8-inch diameter iron pin (set) on a curve to the left with a radius of 35.00 feet on the east side of Eastland Commerce Center Drive and at the northwest corner of the Marshall Acquisitions LLC 7.543-acre parcel as recorded in Instrument Number 201409080117280 of the Franklin County Record of Deeds and at the place of beginning.
Thence from said place of beginning following the east right-of-way line of Eastland Commerce center Drive and following the west boundary of said 7.543-acre parcel along said curve to the left 55.04 feet, chord being South 49 degrees 25 minutes 43 seconds West 49.54 feet, delta angle being 90 degrees 05 minutes 55 seconds.
Thence South 04 degrees 22 minutes 43 seconds West 820.19 feet to a 5/8-inch diameter iron pin (found) on the north boundary of the HOTL TIC LLC ETAL 14.364-acre parcel as recorded in Instrument Number 202207210106589 of said county record of deeds and on the north line of the Eastland Commerce Center Drive with a 60-foot right-of-way, as recorded in Plat Book 73 Page 108 of the Franklin County Record of Plats.
Thence leaving the east right-of-way line of Eastland Commerce Center Drive and leaving the west boundary of said 7.543-acre parcel and following the north line of the Eastland Commerce Center Drive Subdivision, North 85 degrees 29 minutes 37 seconds West 30.00 feet to a mag nail (set) in the center of Eastland Commerce Center Drive.
Thence North 85 degrees 34 minutes 17 seconds West 30.00 feet to a 5/8-inch diameter iron pin (found) on the north boundary of said 14.364-acre parcel and at the southeast corner of the Marshall Acquisitions LLC 7.869-acre parcel as recorded in Instrument Number 201208240124296 of said county record of deeds and on the west right-of-way line of Eastland Commerce Center Drive.
Thence leaving the north line of the Eastland Commerce Center Drive and following the west right-of-way line of Eastland Commerce Center Drive and following the east boundary of said 7.869-acre parcel, North 04 degrees 22 minutes 43 seconds East 820.34 feet to a 5/8-inch diameter iron pin (found) on a curve to the left with a radius of 35.00 feet.
Thence along said curve to the right 54.91 feet to a 5/8-inch diameter iron pin (found) with a cap inscribed “ADR 7030” on the south right-of-way line of Groves Road, chord being North 40 degrees 34 minutes 17 seconds West 49.45 feet, delta angle being 89 degrees 53 minutes 25 seconds.
Thence leaving the west right-of-way line of Eastland Commerce Center Drive and leaving the east boundary of said 7.869-acre parcel and following the south right-of-way line of Groves Road, South 85 degrees 30 minutes 55 seconds East 130.00 feet to the place of beginning. Containing 1.190-acres.
Bearings in this description are based on Grid Meridian of the Ohio Coordinate System, South Zone (NAD 83-2011), as determined by a survey performed by Gandee Hedinger Group, LLC in May of 2024 with a bearing of North 85 degrees 31 minutes 29 seconds West between a mag nail (found) at the northeast corner of Section 28 and a monument (found) at the intersection of Groves Road and Hamilton Road (State Route 317) station 63+52.59 as shown of FRA-SR317-10.63.
All iron pins (set) are 5/8-inch diameter 30 inches in length with a plastic cap stamped, “GHG LLC”.
This description was prepared by Robert L. Griffin, Professional Surveyor 7204, after a field survey of the parcel herein described during May 2024.
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 a perpetual access easement in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be retained for the benefit of the owner of parcel 010-118454.
SECTION 5. That upon notification and verification of the relocation of all utilities located within the retained general utility easement area or notification of parcel 010-118454 obtaining access to public right-of-way through an alternative route, the Director of the Department of Public Service is hereby authorized to execute those documents necessary to release the retained general utility easement and/or access easement with no additional compensation due to the City and with no further legislative action required by the City.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.