Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Northstar Realty asking that the City transfer a 0.038 acre portion (1,655 square feet) of the Dutch Alley right-of-way, south of East Livingston Avenue between South 9th Street and South Washington Avenue. Transfer of this right-of-way will facilitate the residential re-development of property currently owned by Northstar Realty, adjacent to the above noted right-of-way. The Department of Public Service has agreed to transfer the right-of-way as described in the attached exhibit, and extinguish the underlying fee. 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 $13,240.00 was established for this right-of-way. This request went before the Land Review Commission on January 18, 2018. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Northstar Realty for the amount of $13,240.00.
2. FISCAL IMPACT:
The City will receive a total of $13,240.00 that will be deposited in Fund 7748, Project P537650, 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 0.038 acre portion of the Dutch Alley right-of-way to Northstar Realty; and for the City to receive $13,240.00 for transferring the right-of-way.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Northstar Realty asking that the City transfer a 0.038 acre portion (1,655 square feet) of the Dutch Alley right-of-way, south of East Livingston Avenue between South 9th Street and South Washington Avenue, adjacent to property owned by Northstar Realty to them; and
WHEREAS, acquisition of the right-of-way will facilitate the residential re-development of property currently owned by Northstar Realty adjacent to the above noted right-of-way; and
WHEREAS, the City of Columbus, Department of Public Service, Division of Infrastructure Management, by this transfer, extinguishes its need for this public right-of-way; 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 Northstar Realty; 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 the right-of-way; and
WHEREAS, a value of $13,240.00 was established for the right-of-way; and
WHEREAS, this request went before the Land Review Commission on January 18, 2018, and after review, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Northstar Realty at the established price; 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 Northstar Realty; to-wit:
Description of 0.038Acres (Dutch Alley)
Situated in the State of Ohio, County of Franklin, City of Columbus and being a part of a 10’ wide Alley (Dutch Alley) of James Bryden’s 2nd Addition as the said lot is numbered and delineated upon the recorded plat thereof, of record in Deed Book 38, Pg. 275, Recorder’s Office, Franklin County, Ohio and containing 0.038 acres and being further described as follows:
Beginning for reference at a found Mag Nail in the intersection of the centerlines of S. 9th St., (30’ wide) and Livingston Ave. (U.S. Rt. 33, 60’ wide);
Thence, S 86°59’47” E, 167.76’, along the centerline of said Livingston Ave., to a point;
Thence, S 03°00’13” E, 30.00’, crossing said Livingston Ave., to a set Mag Nail, said Mag Nail being the northwest corner of said 10’ wide Alley (Dutch Alley), the northeast corner of Lot 6 of said Bryden’s Addition as conveyed to Charles Corner II, LLC as recorded in Instrument No. 201707130095868, said Mag Nail being the True Place of Beginning for the herein described 0.038 acre tract;
Thence S 86°59'47"E, 10.00', along the north line of said 10’ wide Alley, being the south line of said Livingston Ave., to a Mag Nail set, said Mag Nail being the northwest corner of Lot 7 of said Bryden’s Addition as conveyed to 475 Livingston LLC as recorded in Instrument No. 201801050002613;
Thence S 03°28'08"W, 165.51’, along the east line of said 10’ wide Alley, being the west line of said Lot 7, being the west line of Parcels One and Two of said 475 Livingston LLC parcels, to a point at the northwest corner of Lot 8 of said James Bryden’s 2nd Addition, as conveyed to Ball Properties, LLC as recorded in Instrument No. 200305280158690;
Thence N 86°59'47"W, 10.00', (passing a found ¾” iron pipe at 0.13’), crossing said 10’ wide Alley, (along a new division line) to a Mag Nail set at the southeast corner of said Lot 9 of said James Bryden’s 2nd Addition as conveyed to Elizabeth C. Parke and Trent E. Ecklar as recorded in Instrument No. 201405050054758;
Thence N 03°28'08"E, 165.51’, crossing Ball Alley (15.5’ wide, Blenkner St. being the common name) along the east line of said Lot 7, to the True Place of Beginning, having an area of 1655 square feet, or 0.038 acres, more or less. Bearings are based on the east line of said Dutch Alley. as being S 03°28’08” W based on GPS observations using the State of Ohio Department of Transportation VRS System, the State Plane Coordinate System, Ohio South Zone, North American Datum, of 1983, also known as NAD83 (2011 Adjustment). All iron pins set are 5/8” rebar, 30” long with yellow plastic cap stamped “J & J Surveying”. All references to documents are recorded in the Franklin County Recorder’s Office. This description is based on an actual field survey performed by J & J Surveying under the direction of John W. Wetherill, P.S. 7811, in August 2017.
Section 2. That the City will receive a total of $13,240.00 that will be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
Section 3. 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 4. 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 5. 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.