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File #: 0383-2011    Version: 1
Type: Ordinance Status: Passed
File created: 3/1/2011 In control: Public Service & Transportation Committee
On agenda: 4/4/2011 Final action: 4/7/2011
Title: To authorize the Director of the Department of Public Service to execute those documents required to transfer a 134.45 foot portion of the unnamed alley west of Miller Avenue between Bryden Road and Carrie Avenue, adjacent to 1443 Bryden Road.
Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Mr. Darnell Watts asking that the City sell the right-of-way identified as a 134.45 foot portion of the unnamed north/south alley west of Miller Avenue between Bryden Road and Carrie Avenue, adjacent to 1443 Bryden Road. Transfer of this right-of-way will allow for improvements and enhancements to property currently owned by Mr. Watts.  
 
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 $1,820.00 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 Mr. Darnell Watts for $1,820.00.
 
2. FISCAL IMPACT:
The City will receive a total of $1,820.00 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 a 134.45 foot portion of the unnamed alley west of Miller Avenue between Bryden Road and Carrie Avenue, adjacent to 1443 Bryden Road.
 
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Mr. Darnell Watts, asking that the City transfer a 134.45 foot portion of the unnamed alley west of Miller Avenue between Bryden Road and Carrie Avenue, adjacent to 1443 Bryden Road, to him; and
 
WHEREAS, acquisition of the right-of-way will allow Mr. Darnell Watts to perform improvements and enhancements on property that is currently owned by Mr. Darnell Watts; 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 Mr. Darnell Watts; 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 $1,820.00 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 Mr. Darnell Watts for the amount of $1,820.00; 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 Mr. Darnell Watts; to-wit:
 
Legal Description
0.0617 Acre Tract
 
Situated in the City of Columbus, County of Franklin and State of Ohio and known as being an alley between lot numbers 63 and 64 of James Nelson's Addition, to the said city, as recorded in plat book Volume 4, page 166, Recorder's Office, Franklin County, being bounded and described as follows:
Beginning at a 3/4" iron pipe found at the northeast corner of said lot number 64;
Thence north 860 16' 46" west 37.50' along the northerly line of said lot
number 64; to a 5/8" iron pin set being the point of beginning of land intended to describe herein;
Thence south 03058' 14" west 134.45' along the westerly line of said lot number 64 to a 5/8" iron pin set;
Thence North 860 16' 46" west 20.00' to a 5/8' iron pin set on the easterly line of said lot number 63;
Thence North 03058' 14" east 134.45' along the easterly line of said lot number 63 to a 5/8" iron pin set on the northerly line of said lot number 63;
Thence south 860 16' 46" east 20.00' to the principal place of beginning and containing 0.0617 acres of land according to a survey made in November 2010 by Bemba K. Jones, Ohio Registered Surveyor #7343, for XYZ Survey Service, LTD.
The bearings herein are base on GPS observation using the Ohio CORS Network (Ohio South Zone) to determine a grid bearing in the Nad83 (CORS) system for this legal.
 
The above description was prepared and reviewed in November, 2010 by Bemba K. Jones, Ohio Registered Surveyor #7343, for XYZ Survey Service and to the best of our knowledge and belief is correct.  All dimensions along arcs are chord distances.
 
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 $1,820.00 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.