Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Bryan Irby asking that the City sell him the unimproved portion of the alley south of Franklin Park South between Kelton Avenue and Morrison Avenue. The sale of this unimproved right-of-way will allow Mr. Irby to expand and install fencing around his yard and provide additional security for his home as well as providing additional security for his neighbors. After investigation by the Transportation Division staff it was determined there are no City objections to the sale of this excess right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way. The Department of Law, Real Estate Division, established a value of $553.77 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to Mr. Irby for $200.00 in recognition of the increased security and reduction in criminal activity that will be provided to this neighborhood by the installation of the proposed fence.
Fiscal Impact: The City will receive a total of $200.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the unimproved portion of the alley south of Franklin Park South between Kelton Avenue and Morrison Avenue to Bryan Irby for $200.00, 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 Bryan Irby, asking that the City sell him the unimproved portion of the alley south of Franklin Park South between Kelton Avenue and Morrison Avenue; and
WHEREAS, sale of this unimproved right-of-way to Mr. Irby will allow him to expand and install fencing around his yard and provide additional security to his home and his neighborhood; and
WHEREAS, after investigation by the Transportation Division staff it was determined that there are no City objections to the transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way; and
WHEREAS, the Department of Law, Real Estate Division established a value of $553.77 for this right-of-way by; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to Mr. Irby for $200.00 in recognition of the increased security and reduction in criminal activity that will be provided to this neighborhood by his installation of the proposed fence; 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 Bryan Irby for $200.00; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, containing 0.0198 acre (861 square feet) of land, more or less, being part of a fifteen (15) foot wide alley as the same is designated and delineated on the plat of Maynard's Fair Avenue Addition, of record in Plat Book 7, Page 157, Recorder's Office, Franklin County, Ohio, said 0.0198 acre tract of land being more particularly described as follows:
Beginning, for reference, at a point in the southerly line of Franklin Park South (60 feet in width) at the northwesterly corner of Lot No. 16, the northeasterly corner of Lot No. 15, both being numbered and delineated on the plat of said Maynard's Fair Avenue Addition; thence S 4°10'00" W, with a westerly line of said Lot No. 16, the easterly line of said Lot No. 15, a distance of 91.67 feet to a ¾" iron pin (found) in the northerly line of said fifteen (15) foot wide alley at a southwesterly corner of said Lot No. 16, the southeasterly corner of said Lot No. 15, being the true point of beginning;
Thence, from said true point of beginning, S 85°17'42" E, with the northerly line of said fifteen (15) foot wide alley, a southerly line of said Lot No. 16, a distance of 15.00 feet to an iron pin (set) at a northeasterly corner of said fifteen (15) foot wide alley;
Thence S 4°10'00" W, with an easterly lie of said fifteen (15) foot wide alley, a westerly line of said Lot No. 16, a distance of 57.50 feet to an iron pin (set) in a northerly line of a twenty (20) foot wide alley at a southwesterly corner of said Lot No. 16;
Thence N 85°46'40" W, with the northerly line of said twenty (20) foot wide alley extended westerly, crossing said fifteen (15) foot wide alley, a distance of 15.00 feet to an iron pin (set) in the westerly line of said fifteen (15) foot wide alley;
Thence N 4°10'00" E, with the westerly line of said fifteen (15) foot wide alley, with the westernmost line of said Lot No. 16 extended southerly, a distance of 57.37 feet to the true point of beginning and containing 0.0198 acre (861 square feet) of land, more or less.
All iron pins denoted as "set" are 5/8" (I.D.) x 30" iron pipe plugged with a plastic cap stamped "ELSCO S5519" and have been set by Erlenbach Land surveying Company. All iron pins denoted as "found" have been set by others.
The basis of bearing is the westerly line of said Lot No. 16, the easterly line of Lot No. 15 of Maynard's Fair Avenue Addition being N 4°10'00" E (assumed) and should be used to measure angles only.
The forgoing description was prepared from information obtained from existing deed, plat and survey information also an actual field survey of the premises in accordance with Chapter 4733-37, Ohio administrative Code, by ERLENBACH LAND SURVEYING COMPANY.
Gary L. Erlenbach, Ohio Registered Surveyor No. 5519
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 excess rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 4. That the $200.00 to be received by the City as consideration for the sale of this right-of-way shall be deposited in Fund 748, Project 537650.
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 these properties.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.