Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Phillip A. Smedley, Pastor of the Eliezer Church of Christ asking that the City transfer the first alley west of St. Clair Avenue from McClelland Avenue to the alley north thereof to the Church. The Church would like to acquire this alley to increase the amount of their existing parking and to provide additional security for their members. Per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon the transfer of this right-of-way to the Church, subject to the retention of a general utility easement for those utilities currently located within the alley. At the request of the Transportation Division, the Department of Law, Real Estate Division, established a value of $3,792.41 for this right-of-way. The Land Review Commission then voted to recommend that this right-of-way be transferred to Eliezer Church of Christ for the $3,792.41 value established by the Real Estate Division.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the first alley west of St. Clair Avenue, from McClelland Avenue to the alley north thereof, to Eliezer Church of Christ for $3,792.41; 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 Phillip A. Smedley, Pastor of the Eliezer Church of Christ asking that the City transfer the first alley west of St. Clair Avenue from McClelland Avenue to the alley north thereof to the Church; and
WHEREAS, the Church would like to acquire this alley to increase the amount of their existing parking and to provide additional security for their members; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments, private utilities and applicable area commissions, before it was determined that there would be no adverse impact to the City upon transfer of these rights-of-way, subject to the retention of a general utility easement for those utilities currently located within the alley; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $3,792.41 for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to the Church for the $3,792.41 value established by the City Attorney's Real Estate Division; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Service Department 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 Eliezer Church of Christ; to-wit:
0.076 ACRE TRACT
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Quarter Township 1, Township 1, Range 18, United States Military Lands, being all of a 16.00 feet-wide alley, lying adjacent to Lot 43 as designated and delineated on the plat of MILLER'S CLEVELAND TERRACE, of record in Plat Book 13, Page 19, records of the Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Begin, for reference, at the intersection of the northerly line of McClelland Avenue (40.00 feet in width) and the westerly line of St. Clair Avenue (50.00 feet in width), also being the southeasterly corner of a 3600 Sq. Ft. tract conveyed to Eliezer Church of Christ Apostolic Faith of record in Deed Book 3684, Page 613;
Thence North 87°56'35" West, a distance of 120.00 feet, along the northerly line of said McClelland Avenue and the southerly line of said Eliezer tract, to an iron pin set at the southeasterly corner of said alley and the southwesterly corner of said Eliezer tract, said point being the Point of True Beginning for the herein described tract;
Thence North 87°56'35" West, a distance of 16.00 feet, along the northerly line of said McClelland Avenue and the southerly line of said alley, to an iron pin set at the southerly common corner of said alley and said Lot 43;
Thence the following two (2) courses and distances along the lines common to said alley and Lot 43;
1) North 02°59'53" East, a distance of 161.14 feet, to an iron pin set;
2) North 52°43'00" West, a distance of 37.88 feet, to an iron pin set at the intersection of said alley and a 16.00 feet-wide alley, extending southwesterly and northeasterly;
Thence North 39°54'41" East, a distance of 16.02 feet, along the southeasterly line of said 16.00 feet-wide alley (extending southwesterly), to a point in the southwesterly line of a tract of land conveyed to Eliezer Church of Christ Apostolic Faith of record in Official Record 01616H11, said point being located South 52°43'00" East, a distance of 8.00 feet from a ¾" iron pin found at the westerly corner of said Eliezer Church of Christ tract;
Thence South 52°43'00" East, a distance of 45.60 feet, along the line common to said Eliezer tract and said alley, to an iron pin set at an angle point in said alley and a northwesterly corner of a tract of land conveyed to Eliezer Church of Christ Apostolic Faith, of record in Deed Book 2226, Page 85;
Thence South 02°59'53" West, a distance of 169.33 feet, along the line common to said alley and Eliezer Church of Christ Apostolic Faith tracts, to the Point of True Beginning, containing 0.076 acres (3311.6 Sq. Ft.), more or less.
The bearings in the above description are based on the bearing of South 52°43'00" East for the southerly line of the tract conveyed to Eliezer Church of Christ Apostolic Faith of record in Official Record 01616H11.
All iron pins set are ¾" I.D. iron pipes 30" long with red plastic cap stamped "Landmark Survey".
The above description is based on an actual field survey in May of 2007.
LANDMARK SURVEY GROOUP, INC.
Scott D. Grundei, P.S.
Professional Surveyor No. 8047
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 alley shall be and hereby is retained unto the City of Columbus for those utilities currently 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 the Director of the Public Service Department 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 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 this right-of-way.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.