Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Ms. Bethany D. Gilliland, asking that the City sell a 0.084 acre portion of the Dominion Boulevard right-of-way, adjacent to property owned by Ms. Gilliland on Dominion Boulevard, east of Sharon Avenue. Transfer of this right-of-way will facilitate the construction of a single family residence on property owned by Ms. Gilliland.
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 $3,937.00 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. Bethany D. Gilliland for $3,937.00.
2. FISCAL IMPACT:
The City will receive a total of $3,937.00 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 0.084 acre portion of the Dominion Boulevard right-of-way, adjacent to property owned by Ms. Bethany D. Gilliland located on Dominion Boulevard, east of Sharon Avenue.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Ms. Bethany D. Gilliland, asking that the City transfer a 0.084 acre portion of the Dominion Boulevard right-of-way, adjacent to property owned by Ms. Bethany Gilliland located on Dominion Boulevard, east of Sharon Avenue, to her; and
WHEREAS, acquisition of the right-of-way will facilitate the construction of a single family residence on property that is currently owned by Ms. Bethany D. Gilliland located on Dominion Boulevard, east of Sharon Avenue; 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. Bethany D. Gilliland; 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 $3,937.00 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. Bethany D. Gilliland for the amount of $3,937.00; 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. Bethany D. Gilliland; to-wit:
Description of a 0.084 Acre Tract
Situated in the City of Columbus, Franklin County, Ohio, and being a portion of right of way of Dominion Blvd (50' R.O.W.) as shown and delineated on the plat of Dominion Heights, P.B. 10, pg. 96 & 97, at the Franklin County Recorder's Office, being bounded and described as follows;
Commencing at a 3/4" pipe found at the northwest corner of Indian Springs Village, P.B. 24, pg. 40. Thence S.85°03'00"E. a distance of 309.65', with the north line of Indian Springs Village, to an iron pin set at the south east corner of Reserve "A" as shown on the plat of Dominion Heights as conveyed to Dawn L. Nyomo in Inst. #200607200142324, and also the south west corner of a 0.238 Acre Tract as conveyed to Bethany D. and Jason R. Gilliland in Inst. #201201130006130;
Thence N.04°52'58"E. a Distance of 133.68', with the east line of said Reserve "A", and the west line of said 0.238 Acre Tract, to an iron pin set in the south right of way line of Dominion Blvd., said pin also being the northwest corner of said 0.238 Acre Tract and also the True Point of Beginning;
Thence N.04°52'58"E. a Distance of 65.06', crossing through the right of way of Dominion Blvd., to an iron pin set in the north right of way line of Dominion Blvd., and the south line of Lot 16 of said Dominion Heights as conveyed to the Board of Education Columbus City School Dist. in Inst. #200805270080324;
Thence with a curve to the right, radius of 167.0', Delta of 24°23'19", Arc Length of 71.08', chord bearing of N.74°59'35"E., Chord Distance of 70.55', with the north right of way Line of Dominion Blvd. and the south lines of Lot 16, and also Lot 17 as conveyed to the Board of Education Columbus City School Dist. in Inst. #200805270080324, to an iron pin set;
Thence S.05°06' 41 "W a distance of 50.69', crossing through the right of way of Dominion Blvd., to an iron pin found, 1" solid, at the northeast corner of Said 0.238 Acre Tract, and the northwest corner of part of Lot 32 as conveyed to Kathleen F. Shaffer in Inst. #200309190300741;
Thence with a curve to the left, Radius of 117.0' , Delta of 38°08'37", Arc Length of 77.89', Chord Bearing of S.64°45'41"W., Chord Distance of 76.46', with the south right of way line of Dominion Blvd., and the north line of said 0.238 Acre Tract, to the Point of Beginning containing 0.084 Acres.
Basis of bearings being the north line of Indian Springs Village as S.85°03'00"E. as shown on said plat, and is to be used to denote angles only.
Deed references and documents as recorded in the Franklin County Recorder's Office, Columbus, Ohio.
All Iron Pins set are 5/8" X 30" rebar with a yellow plastic cap reading Ackison Surveying.
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
February 2012.
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 $3,937.00 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.