Explanation
The City of Columbus, Public Service Department, Transportation Division, recently received a request from Thomas F. Kibbey asking that the City sell a portion of the unimproved alley south of Gay Street from the alley west of Miami Avenue to its western terminus and a 12' wide strip of land contiguous to the 20' wide alley west of Miami Avenue, north of Avon Alley to his client, Ohio Capital Corporation for Housing. Sale of these excess rights-of-way will allow Ohio Capital Corporation for Housing to redevelop their adjacent lands in conformance with the site plan submitted with their Council Variance #CV03-023 which was approved pursuant to Ordinance 1867-2003. After investigation, it was determined that there are no objections to the sale of these rights-of-way. The Department of Law, Real Estate Division established a value of $4,236.60 for these rights-of-way. The Land Review Commission voted to recommend that these rights-of-way be sold to Ohio Capital Corporation for Housing for the Real Estate established value of $4,236.60.
The City will receive a total of $4,236.60, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested rights-of-way.
Title
To authorize the Public Service Director to execute those documents required to transfer a portion of the unimproved alley south of Gay Street from the alley west of Miami Avenue to its western terminus and a 12' wide strip of land contiguous to the 20' wide alley west of Miami Avenue, north of Avon Alley to Ohio Capital Corporation for housing and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Thomas F. Kibbey asking that the City sell a portion of the unimproved alley south of Gay Street from the alley west of Miami Avenue to its western terminus and a 12' wide strip of land contiguous to the 20' wide alley west of Miami Avenue, north of Avon Alley to his client, Ohio Capital Corporation for Housing; and
WHEREAS, sale of these excess rights-of-way will allow Ohio Capital Corporation for Housing to redevelop their adjacent lands in conformance with the site plan submitted with their Council Variance #CV03-023 which was approved pursuant to Ordinance 1867-2003; and
WHEREAS, after investigation it was determined that there are no objections to the transfer of these rights-of-way; and
WHEREAS, the Department of Law, Real Estate Division established a value of $4,236.60 for these rights-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be sold to Ohio Capital Corporation for Housing for the Real Estate established value of $4,236.60; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Public Service Director 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 Ohio Capital Corporation for Housing, for $4,236.60; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, containing 0.022 acres (962.62 square feet) of land, more or less, said 0.022 acres being part of a 12 feet alley as delineated upon the recorded plat of KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880, of record in Plat Book 3, Page 155, of record in the Recorder's Office, Franklin County, Ohio, said 0.022 acre being more fully described as follows:
Beginning at the southeast corner of Lot 21 of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880; Thence N 02°07'05" E, along the easterly line of Lot 21, a distance of 82.45 feet to a point;
Thence N 42°39'58" W, along said easterly line, a distance of 7.10 feet to a point;
Thence S 87°27'02" E, with the prolongation of the northerly line of said Lot 21, a distance of 16.00 feet to a point 1.00 feet west as measured at right angles, with the easterly line of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880 also being the westerly line of HAYDEN, BAKER AND BROWN'S ADDITION, of record in Plat Book 3, Page 155, of record in the Recorder's Office, Franklin County, Ohio;
Thence S 02°07'05" W, parallel with and 1.00 feet west as measured at right angles, with the easterly line of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880, a distance of 85.30 feet to a point in the prolongation of the southerly line of said Lot 21;
Thence S 81°26'40" W, along said line, a distance of 11.19 feet to the point of beginning of said tract, containing 0.022 acres (962.62 square feet) more or less.
The bearings for this description are based on the bearing N 02°07'05" E, assumed, for the easterly line of said Lot 21.
BAUER, DAVIDSON & MERCHANT, INC.
Thomas E. Snyder, P.S., No. 6651
AND
Situated in the State of Ohio, County of Franklin, City of Columbus, containing 0.056 acres (2420.33 square feet) of land, more or less, said 0.056 acres being part of a 15 feet alley as delineated upon the recorded plat of KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880, of record in Plat Book 3, Page 155, of record in the Recorder's Office, Franklin County, Ohio, said 0.056 acre being more fully described as follows:
Beginning at the southwest corner of Lot 16 of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880; Thence S 87°27'02" E, along the southerly line of Lots 16, 17, 18, 19 and 20 of said subdivision and with the northerly right-of-way line of said 15.00 feet alley, a distance of 174.15 feet to a point, located 1.00 feet west of the southeasterly corner of said Lot 20;
Thence S 02°07'05" W, parallel with and 1.00 feet westerly as measured at right angles, with the easterly line of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880, also being the westerly line of HAYDEN, BAKER AND BROWN'S ADDITION, of record in Plat Book 3, Page 155, of record in the Recorder's Office, Franklin County, Ohio, a distance of 15.00 feet to a point, said point being in the northerly line prolongation of Lot 21 of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880;
Thence N 87°27'02" W, along said line and the northerly line of Lots 21, 22, 23, 24, and 25 of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880, a distance of 148.49 feet to a point at the northwesterly corner of said Lot 25;
Thence N 03°12'31" E, a distance of 7.50 feet to a point in the center of said 15 feet alley as delineated by said plat;
Thence N 87°27'02" W, along said centerline, a distance of 26.09 feet to a point in the prolongation of the westerly line of said Lot 16;
Thence N 04°18'10" E, a distance of 7.50 feet to the point of beginning and containing 0.056 acres (2420.33 square feet), more or less.
The bearings of this description are based on the bearing of S 87°27'02" E, assumed, the southerly line of Lots 16 thru 20 of said KNIGHTS, NOBLE & ENGLISH'S SUBDIVISION 1880.
BAUER, DAVIDSON & MERCHANT, INC.
THOMAS E. Snyder, P.S., No. 6651
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 rights-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 $4,236.60 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 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.