Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Algirdas Vasiliauskas, asking that the City sell a portion of the 16-foot wide alley west of Kellner Road to him. Mr. Vasiliauskas has used that portion of this alley south of Medway Avenue to the first alley south of Medway Avenue as his driveway for over 30 years and the sale of this right-of-way to will allow him to continue his use of this right-of-way. After investigation it was determined that there are no objections to the sale of this right-of-way. It was also determined that the City will need to retain a general utility easement over this right-of-way for existing utilities. The Department of Law, Real Estate Division established a value of $3,102.94 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be sold to Mr. Vasiliauskas for the Real Estate established value of $3,102.94.
The City will receive a total of $3,102.94, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Public Service Director to execute those documents required to transfer a portion of the 16 foot wide alley west of Kellner Road from the south right-of-way line of Medway Avenue to the north right-of-way line of the first alley south of Medway Avenue to Algirdas Vasiliauskas 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 Algirdas Vasiliauskas asking that the City sell him that portion of the 16-foot wide alley west of Kellner Road from Medway Avenue to the first alley south of Medway Avenue; and
WHEREAS, Mr. Vasiliauskas has used said portion of this alley as his driveway for over 30 years; and
WHEREAS, the sale of this right-of-way to will allow him to continue his use of this right-of-way; and
WHEREAS, after investigation it was determined that there are no objections to the transfer of this right-of-way; and
WHEREAS, after investigation it was also determined that the City will need to retain a general utility easement over this right-of-way for existing utilities; and
WHEREAS, the Department of Law, Real Estate Division established a value of $3,102.94 for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be sold to Mr. Vasiliauskas for the Real Estate Division established value; 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 following described right-of-way to Algirdas Vasiliauskas, for $3,102.94; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a sixteen (16) foot wide alley adjacent to and east of Lot 55 of Eastmoor Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 16, Page 21, Recorder's Office, Franklin County, Ohio and being more particularly described as follows:
Beginning at an iron pipe found at the northeast corner of said Lot 55, being the intersection of the south line of Medway Avenue (50 feet wide) and with the west line of said alley;
Thence, along the south line of said Medway Avenue produced easterly, North 78°00'30" East, 16.36 feet to an iron pipe set at the northwest corner of Lot 56 of said addition, being the intersection of the south line of said Medway Avenue with the east line of said alley;
Thence, along the west line of said Lot 56, west line of Lot 57 and part of the west line of Lot 58 of said addition and along the east line of said alley, South 00°03'00" West, 149.29 feet to an iron pipe set;
Thence, across said alley (parallel with the south line of said Medway Avenue), South 78°00'30" West, 16.36 feet to an iron pipe set at the southeast corner of said Lot 55;
Thence, along the east line of said Lot 55 and west line of said alley, North 00°03'00" East, 149.29 feet to the place of beginning CONTAINING 0.055 ACRES (2,389 Sq. Ft.).
The foregoing description was prepared from an actual field survey made by Myers Surveying Company, Inc. in December 2003. Iron pipes set are 30"x1" (O.D) with orange plastic caps inscribed "P.S. 6579". Bearings are based on the centerline of South Kellner Road held as South 00°03'00" West, per Plat Book 16, Page 21.
Myers Surveying Company Inc.
Matthew D. Farley, P.S., Registered Surveyor No. 7566
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 right-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 $3,102.94 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.