Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Whittier Park Limited asking that the City transfer them a 4,900 square foot (0.113 acre) portion of the right-of-way near Whittier Street. The right-of-way area is west of Front Street and north of Whittier Street. Right-of-way area runs north/south directionally for approximately 210+/- feet and the width is 20+/- feet. Abutted to the west by parcel 010-260041, and to the east by parcel 010-024973. The right-of-way is currently known as Bank Street.
Transfer of this right-of-way will allow the owner to redevelop the existing building to the east, creating better rear access and additional parking. The Department of Public Service has agreed to transfer the right-of-way via a quitclaim deed as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way.
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 City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $29,532.00 was established.
This request went before the Land Review Commission on August 21, 2025. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Whittier Park Limited at the cost of $29,532.00 to them.
2. FISCAL IMPACT
The City will receive a total of $29,532.00 and the funds are to 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 necessary for the transfer of a 0.113 acre portion of the right-of-way near Refugee Road to Whittier Park Limited. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Whittier Park Limited asking that the City transfer them a 4,900 square foot (0.113 acre) portion of the right-of-way near Whittier Street. The right-of-way area is west of Front Street and north of Whittier Street. Right-of-way area runs north/south directionally for approximately 210+/- feet and the width is 20+/- feet. Abutted to the west by parcel 010-260041, and to the east by parcel 010-024973. The right-of-way is currently known as Bank Street; and
WHEREAS, transfer of this right-of-way will be to allow the owner to redevelop the existing building to the east, creating better rear access and additional parking; and
WHEREAS, the Department of Public Service has agreed to transfer via quitclaim deed the right-of-way as described and shown within attached legal description and exhibit, and 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 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; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $29,532.00 was established; and
WHEREAS, this request went before the Land Review Commission on August 21, 2025; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Whittier Park Limited at the cost of $29,532.00; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute the documents necessary to extinguish any right-of-way easements and transfer the land to Whittier Park Limited; 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 hereby is, authorized to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the right-of-way described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to Whittier Park Limited; to-wit:
DESCRIPTION OF A PORTION OF BANK STREET/ALLEY
NORTH FROM WHITTIER STREET,
CITY OF COLUMBUS, FRANKLIN CO., OHIO
Situated in the State of Ohio, County of Franklin, City of Columbus, in Half Section 29, Township 5 North, Range 22 West, Refugee Lands, and being that portion of Bank Alley (20 feet in width) north of Whittier Street, as shown upon the plat entitled J.F. Bartlits Subdivision, of record in Plat Book 1, Page 247, and a portion of Bank Street (41 feet in width), between Lots 6 and 13, as shown upon the plat entitled T. W. Tallmadge’s South Addition, of record in Plat Book 1, Page 412, all records referenced to the Recorder’s Office, Franklin County, Ohio, and bounded and described as follows:;
Beginning at a point at the intersection of the east line of Bank Alley with the north right-of-way line of Whittier Street, and at the southwest corner of Lot 16, as shown upon said plat of J.F. Bartlits Subdivision, (said point being referenced by a 3/4” I.D. iron pipe found 0.91 feet northerly) (said point also being N 86⁰ 07’ 23” W a distance of 186.91 feet from a MAG nail found in the concrete skirt of the building and at the intersection of the north right-of-way line of Whittier Street with the west right-of-way line of Front Street (82.5 feet in width, as shown upon said plat of J.F. Bartlits Subdivision);
thence N 86⁰ 07’ 23” W along the north right-of-way line of Whittier Street a distance of 20.45 feet to a 3/4” I.D. iron pipe found at the intersection of the west line of Bank Alley with the north right-of-way line of Whittier Street and at the southeast corner of Lot 21, as shown upon said plat of J.F. Bartlits Subdivision;
thence N 08⁰ 08’ 50” W along the west line of Bank Alley and along the east lines of said Lot 21, Lot 20, and Lot 19, as shown upon said plat of J.F. Bartlits Subdivision, a distance of 188.38 feet to a 3/4” I.D. iron pipe found at the northwest corner of said Bank Alley, at the northeast corner of said Lot 19, and in the south end of Bank Street, as shown upon said plat entitled T. W. Tallmadge’s South Addition;
thence N 86⁰ 07’ 23” W along a portion of the north line of said Lot 19 and along a portion of the south line of said Bank Street a distance of 27.78 feet to an iron pin set at the southwest corner of Bank Street and at the southeast corner of Lot 13, as shown upon said plat entitled T. W. Tallmadge’s South Addition;
thence N 08º 08’ 50” W along a portion of the west line of Bank Street and along a portion of the east line of said Lot 13 a distance of 28.04 feet to an iron pin set;
thence S 86⁰ 07’ 23” E crossing Bank Street a distance of 42.43 feet to an iron pin set in the east line of Bank Street and in the west line of Lot 6, as shown upon said plat entitled T. W. Tallmadge’s South Addition,
thence S 08⁰ 08’ 50” E along a portion of the east line of Bank Street and along a portion of the west line of said Lot 6 a distance of 28.04 feet to a 3/4” I.D. iron pipe found at the southeast corner of Bank Street, at the southwest corner of Lot 6, and in the north line of Bank Alley;
thence S 86⁰ 07’ 23” E along a portion of the south line of said Lot 6 and along a portion of the north end of Bank Alley a distance of 5.80 feet to an iron pin set at the northwest corner of Lot 18, as shown upon said plat of J.F. Bartlits Subdivision;
thence S 08⁰ 08’ 50” E along the east line of Bank Alley, along the west line of said Lot 18, along the west line of Lot 17, as shown upon said plat of J.F. Bartlits Subdivision, and along the west line of said Lot 16 a distance of 188.38 feet to the place of beginning;
containing 4,92 square feet (= 0.113 acre) of land, more or less, and being subject to all easements and restrictions of record.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of V3 Companies, Ltd, Consulting Engineers & Surveyors, Columbus, Ohio, an actual field survey performed under his supervision in February, 2025. All 5/8” iron pins set are 30” in length with a plastic cap stamped “V3 PX OH FIRM #04838”. Basis of bearings is the north right-of-way line of Whittier Street, being N 86° 07' 23” W, derived from Ohio RTN observations referencing monument, PID designation of AJ7184 and CORS_ID of COLB, Ohio South Zone, NAD 83 (2011) Epoch 2010, and all other bearings are based upon this meridian.
I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in October 2022 and to the best of my knowledge depicts the boundary lines.
Section 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quitclaim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be 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 $29,532.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 7748, Project P537650.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.