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File #: 0056-2004    Version: 1
Type: Ordinance Status: Passed
File created: 12/31/2003 In control: Public Service & Transportation Committee
On agenda: 2/2/2004 Final action: 2/4/2004
Title: To authorize the Public Service Director to execute those documents required to transfer the City's underlying fee interest in the excess right-of-way at the southeast corner of State Route 315 and Rich Street to Columbus Karma Thegsum Chöling, Inc.; and to waive the competitive bidding provisions of Columbus City Codes.
Attachments: 1. ORD0056-2004 Columbus Karma.pdf, 2. ORD0056-2004 map.pdf
Explanation
 
The City of Columbus, Public Service Department, Transportation Division, received a request from Ms. Cathy Jackson, Director, on behalf of Columbus Karma Thegsum Chöling, Inc., asking that the City transfer their underlying fee interest in the excess right-of-way at the southeast corner of State Route 315 and Rich Street to this congregation.  The transfer of the underlying fee interest to this excess right-of-way will allow Columbus Karma Thegsum Chöling, Inc., to continue to use this area as parking.  After investigation it has been determined there are no objections to the transfer of the underlying fee interest to this excess right-of-way.  The City Attorney's Office, Real Estate Division, has determined that this property is encumbered with a State of Ohio highway easement and that the residual value of this property to the City is $1.00.  The Public Service Department, Transportation Division, has offered to transfer their underlying fee interest in this property to Columbus Karma Thegsum Chöling, Inc., for $501.00 subject to the retention of the highway easement by the State of Ohio, Department of Transportation.  The Land Review Commission voted to recommend that the underlying fee interest to this right-of-way be transferred to Columbus Karma Thegsum Chöling, Inc., for $501.00.
 
The City will receive a total of $501.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the underlying fee interest to the requested right-of-way.
 
Title
 
To authorize the Public Service Director to execute those documents required to transfer the City's underlying fee interest in the excess right-of-way at the southeast corner of State Route 315 and Rich Street to Columbus Karma Thegsum Chöling, Inc.; 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 Cathy Jackson, Director, on behalf of Columbus Karma Thegsum Chöling, Inc., asking that the City transfer their underlying fee interest in the excess right-of-way at the southeast corner of State Route 315 and Rich Street to this congregation; and
 
WHEREAS, transfer of the underlying fee interest in this excess right-of-way will allow Columbus Karma Thegsum Chöling, Inc., to continue to use this area as parking; and
 
WHEREAS, after investigation it was determined that there are no objections to the transfer of the underlying fee interest in this right-of-way; and
 
WHEREAS, City Attorney's Office, Real Estate Division, has determined that this property is encumbered with a State of Ohio highway easement and that the residual value of this property to the City is $1.00; and
 
WHEREAS, the Public Service Department, Transportation Division, has offered to sell the underlying fee interest in this property to Columbus Karma Thegsum Chöling, Inc., for $501.00 subject to the retention of the highway easement by the State of Ohio, Department of Transportation; and
 
WHEREAS, the Land Review Commission voted to recommend that the underlying fee interest to this right-of-way be transferred to Columbus Karma Thegsum Chöling, Inc., for $501.00; 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 underlying fee interest to the following described excess right-of-way to Columbus Karma Thegsum Chöling, Inc., for $501.00; to-wit:
 
Situate in the State of Ohio, County of Franklin, City of Columbus, and being part of Lots 76 thru 82, inclusive of POPE AND ELLERMAN'S SUBDIVISION, of record in Plat Book 3, Page 432, Recorder's Office, Franklin County, Ohio and being bounded and more particularly described as follows:
Beginning, for reference, at a railroad spike found at the intersection of the southerly line of Rich Street (62.00 feet in width) and the westerly line of a 16.00 feet-wide alley at the northeast corner of Lot 84 of said POPE AND ELLERMAN'S SUBDIVISION, said point being an angle point in the easterly limited access right-of-way of the Columbus Expressway System Mound-Sandusky Expressway (n.k.a. State Route 315), Right-of-Way Plan No. FRA 3-13.93, Sheet No. 131;
Thence South 08°53'02" East, a distance of 76.73 feet, along the line common to said alley, limited access right-of-way and Lots 83 and 84 of said POPE AND ELLERMAN'S SUBDIVISION, to an iron pin set at the easterly common corner of said Lots 82 and 83, said point being the Point of True Beginning of the herein described tract;
Thence South 08°53'02" East, a distance of 213.50 feet, continuing along the line common to said alley, limited access right-of-way and Lots 76 thru 82, inclusive, to an iron pin set at the easterly common corner of said Lots 76 and 75 of said POPE AND ELLERMAN'S SUBDIVISION;
Thence South 80°02'42" West, a distance of 118.76 feet, along the line common to said Lots 75 and 76, to an iron pin set;
Thence North 02°43'54" West, a distance of 215.17 feet, across said Lots 76 thru 82, inclusive, to an iron pin set in the line common to said Lots 82 and 83;
Thence North 80°02'42" East, a distance of 95.70 feet, along the line common to said Lots 82 and 83, to the Point of True Beginning, containing 0.525 acres, more or less.
The bearings in the above description are based on an assumed meridian and used to denote angles only.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a red plastic cap stamped with the name "Landmark Survey".
The above description was prepared from an on the ground survey in December 2003.
LANDMARK SURVEY GROUP, INC.
Scott D. Grundei, P.S., Registered Surveyor No. 8047
 
Section 2.  That the City's underlying fee interest in the above described excess right-of-way is transferred to Columbus Karma Thegsum Chöling, Inc., subject to the retention of a highway easement over the entire property by the State of Ohio, Department of Transportation.
 
Section 3.  That the $501.00 to be received by the City as consideration for the sale of the underlying fee interest to this excess right-of-way shall be deposited in Fund 748, Project 537650.
 
Section 4.  That this Council has determined it is in the best interest of the City of Columbus to allow the underlying fee interest to 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 329.29 with regards to the transfer of these properties.
 
Section 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.