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File #: 1275-2008    Version: 1
Type: Ordinance Status: Passed
File created: 7/17/2008 In control: Public Service & Transportation Committee
On agenda: 9/15/2008 Final action: 9/17/2008
Title: To authorize the Director of the Public Service Department to execute those documents required to transfer those portions of Morris and Alton Avenues from the first alley south of 5th Avenue south to 4th Avenue and that portion of 4th Avenue between Morris and Alton Avenues to Ralston Industries, Inc., for $14,957.50 and to waive the competitive bidding provisions of Columbus City Codes.
Attachments: 1. Ord 1275-2008 Ralston sale.pdf
Explanation
 
The City of Columbus, Public Service Department, Transportation Division, received a request from Ralston Industries, Inc. ("Ralston") asking that the City transfer those portions of Morris and Alton Avenues from the first alley south of 5th Avenue south to 4th Avenue and that portion of 4th Avenue between Morris and Alton Avenues to them.  Ralston would like to acquire these rights-of-way to provide additional security and storage for their adjacent facilities.  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, 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 these rights-of-way to Ralston.  At the request of the Transportation Division, the Department of Law, Real Estate Division, established a value of $14,957.50 for these rights-of-way.  The Land Review Commission then voted to recommend that these rights-of-way be transferred to Ralston for the $14,957.50 value established by the Real Estate Division.
 
Title
 
To authorize the Director of the Public Service Department to execute those documents required to transfer those portions of Morris and Alton Avenues from the first alley south of 5th Avenue south to 4th Avenue and that portion of 4th Avenue between Morris and Alton Avenues to Ralston Industries, Inc., for $14,957.50 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 Ralston Industries, Inc. (Ralston), asking that the City transfer those portions of Morris and Alton Avenues from the first alley south of 5th Avenue south to 4th Avenue and that portion of 4th Avenue between Morris and Alton Avenues to them; and
 
WHEREAS, Ralston would like to acquire these rights-of-way to provide additional security and storage for their adjacent facilities; 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, 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 Ralston; and
 
WHEREAS, at the request of the Transportation Division, the Department of Law, Real Estate Division, established a value of $14,957.50 for these rights-of-way; and
 
WHEREAS, the Land Review Commission voted to recommend that these rights-of-way be transferred to Ralston for the $14,957.50 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 Ralston Industries, Inc.; to-wit:
 
Situated in the City of Columbus, County of Franklin, State of Ohio, located in CASSADY FIFTH AVENUE ADDITION, a subdivision of record in Plat Book 5, Page 314 and in EAST COLUMBUS ADDITION, a subdivision of record in Plat Book 5, Page 364, said 1.139 acres being comprised of portions of Fourth Avenue (50' & 45'), Morris Avenue (50') and Alton Avenue (50') and being more particularly described as follows:
Beginning at an iron pin set at the northwesterly corner of Lot 353 in said Cassady Addition, the same being the southwesterly corner of that 0.758 acre tract conveyed to Ralston Industries, Inc. in Instrument No. 199712180170752 (said 0.758 acre tract being the portion of said Fourth Avenue vacated by ORD. 2651-97), being the northeasterly corner of that portion of said Alton Avenue vacated by ORD. 65-39 and being in the southerly right-of-way line of said Fourth Avenue;
Thence, from said PLACE OF BEGINNING, North 86°15'00" West, with the southerly line of said Fourth Avenue, with the northerly line of said vacated portion of said Alton Avenue, with the northerly lines of Lots 341-352 in said Cassady Addition and with the northerly lines of Lots 411-417 in said East Columbus Addition, a distance of 674.60 feet to an iron pin set at the northwesterly corner of Lot 411 in said East Columbus Addition, the same being in the southerly right of way of said Fourth Avenue, being the northeasterly corner of that vacated portion of said Morris Avenue (vacated by ORD. 1534-54);
Thence, North 80°32'22" West, with the northerly line of that portion of Morris Avenue vacated by ORD. 1534-54, a distance of 50.25 feet to an iron pin set at the northeasterly corner of Lot 410 in said East Columbus Addition;
Thence, North 86°15'00" West, with the northerly line of said Lot 410 and with the southerly right-of-way of said Fourth Avenue, a distance of 33.00 feet to an iron pin set at the northwesterly corner of Lot 410 in said East Columbus Addition, the same being the southeasterly corner of that portion of Fourth Avenue, (45') vacated by ORD. 1534-54 (same number as Morris vacation);
Thence, North 03°45'00" East, with the easterly line of said Fourth Avenue vacation, a distance of 45.00 feet to an iron pin set at the southwesterly corner of Lot 425 in said East Fifth Avenue Addition, the same being the northeasterly corner of said Fourth Avenue vacation;
Thence, South 86°15'00" east, with the northerly line of said Fourth Avenue and with the southerly line of said Lot 425, a distance of 33.00 feet to an iron pin set at the southeasterly corner of said Lot 425, the same being the intersection of the right-of-ways of said Morris Avenue and Fourth Avenue;
Thence, North 03°45'00" East, with the westerly line of said Morris Avenue and with the easterly line of said Lot 425, a distance of 120.00 feet to an iron pin set at the northeasterly corner of said Lot 425, the same being the intersection of the right-of-ways of said Morris Avenue and the 15 foot wide alley;
Thence, South 86°15'00" East, crossing said Morris Avenue, a distance of 50.00 feet to an iron pin set at the northwesterly corner of Lot 424 in said East Columbus Addition, the same being in the right-of-way intersection of said Morris Avenue and said alley;
Thence, South 03°45'00" West, with the westerly line of said Lot 424 and with the easterly right-of-way line of said Morris Avenue a distance of 120.00 feet to an iron pin set at the southwesterly corner of said Lot 424, the same being the intersection of the easterly right-of-way of said Morris Avenue and the northerly right-of-way of said Fourth Avenue;
Thence, South 86°15'00" East, with the northerly line of said Fourth Avenue, with the southerly lines of Lots 329-340 in said Cassady Addition and with the southerly lines of Lots 418-424 in said East Columbus Addition, a distance of 624.90 feet to an iron pin set at the southeasterly corner of Lot 329 in said Cassady Fifth Avenue Addition, the same point being in the intersection of the northerly right of way line of said Fourth Avenue with the westerly right-of-way line of said Alton Avenue;
Thence, North 03°45'00" East, with the easterly line of said Lot 329 and with said westerly right-of-way line of Alton Avenue, a distance of 120.00 feet to an iron pin set at the northeasterly corner of said Lot 329, the same being the intersection of the right-of-ways of said Alton Avenue and the 15 foot wide alley;
Thence, South 86°15'00" East, crossing said Alton Avenue, a distance of 50.00 feet to an iron pin set at the northwesterly corner of Lot 328 in said Cassady Fifth Avenue Addition, the same being the right-of-way intersection of said Alton Avenue and said alley;
Thence, South 03°45'00" West, with the westerly line of said Lot 328 and with the easterly right-of-way line of said Alton Avenue, a distance of 120.00 feet to an iron pin set at the southwesterly corner of said Lot 328, the same being the northwesterly corner of said 0.758 acres;
Thence, South 04°05'38" West, with the easterly line of said Alton Avenue and with the westerly line of said 0.758 acres, a distance of 50.00 feet to the PLACE OF BEGINNING.
Containing 1.139 acres of land more or less.
All iron pins set are 5/8 inch rebar with "HOY" caps.
Bearings are based on South 03°45'00" West, as given for the easterly line of CASSADY AVENUE ADDITION, a subdivision of record in Plat Book 5, Page 314.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
David B. McCoy
Professional Surveyor No. 7632
 
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 currently located within said right-of-way.
 
Section 4.  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 329.29 with regards to the transfer of this right-of-way.
 
Section 5.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.