Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Ms. Lori A. Wallace asking that the City sell the right-of-way identified as the unimproved east/west alley north of East 5th Avenue between Hamlet Street and the first alley east of Hamlet Street. Transfer of this right-of-way will allow for improvements and enhancements to property currently owned by Ms. Wallace. 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 Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $780.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Ms. Lori A. Wallace for $780.00.
2. FISCAL IMPACT:
The City will receive a total of $780.00 that will be deposited in Fund 748, 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 required to transfer the unimproved east/west alley north of East 5th Avenue between Hamlet Street and the first alley east of Hamlet Street.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Ms. Lori A. Wallace, asking that the City transfer the unimproved east/west alley north of East 5th Avenue between Hamlet Street and the first alley east of Hamlet Street, to her; and
WHEREAS, acquisition of the right-of-way will allow Ms. Lori A. Wallace to perform improvements and enhancements on property that is currently owned by Ms. Lori A. Wallace; 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 this right-of-way, the City will not be adversely affected by the transfer of this right-of-way to Ms. Lori A. Wallace; 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 this right-of-way; and
WHEREAS, a value of $780.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Ms. Lori A. Wallace for the amount of $780.00; 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 right-of-way to Ms. Lori A. Wallace; to-wit:
Description of a Private Alley
Situated in City of Columbus, Franklin County, Ohio, and being a Private Alley Between Parcels 53 & 54 of John Hyer's Amended Plat of his Subdivision of Lot 6 of Stevenson Heirs' Subdivision as Shown in D.B. 465, pg. 9, at the Franklin County Recorder's Office, being Bounded and Described as Follows;
Commencing at a Point at the Intersections of Fifth Avenue, (60' Right of Way), and Hamlet St. (25' Right of Way). Thence N.0°06'32"W. a Distance of 180.52', with the Centerline of Hamlet St. to a Point;
Thence N.89°53'28"E. a Distance of 22.5', Leaving Said Centerline and Crossing a 10' Reserve as Shown in D.B. 465, pg. 9, to an Iron Pin Set at the North West Corner of Parcel 53, as Conveyed to Lori A. Wallace and Dawn N. Barry in Inst. # 200908190121350, Being the True Point of Beginning;
Thence N.0°06'32"W. a Distance of 10.0', With the East Line of Said 10' Reserve, to an Iron Pin Found at the South West Corner of Parcel 54, as Conveyed to Lori A. Wallace and Dawn N. Barry in Inst. #200908190121350;
Thence N.89°54'21"E. a Distance of 95.82', With the South Line of Parcel 54, to an Iron Pin Found at the South East Corner of Parcel 54, Said Pin also being in the West Line of an Alley;
Thence S.01°13'53"W. a Distance of 10.04', With the West Line of Said Alley, to an Iron Pin Found at the North East Corner of Parcel 53;
Thence S.89°55'40"W. a Distance of 95.76', With the North Line of Said Parcel 53, to the Point of Beginning, Containing 0.022 Acres;
The Basis of Bearings is the Centerline of Hamlet St. N.0°06'32"W, and is to be Used to Denote Angles Only.
Deed References and Documents as Recorded in the Franklin County Recorder's Office, Columbus, Ohio.
The above description was prepared by Ackison Surveying, LLC (614-866-4600) from the best available County Records. The information displayed was derived from an actual field survey performed in May 2011.
Section 2. That the above referenced real property shall be considered excess road right-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 right-of-way shall be and hereby is 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 the $780.00 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.