Explanation
Background: The City of Columbus, Public Service Department, Transportation Division, received a request from Mr. Aria Alaudini, asking that the City transfer a twenty-foot wide strip of excess right-of-way off the north side of Frankfort Street to him. Mr. Alaudini proposes to construct a two car garage at the rear of 371 Forest Street. The acquisition of the twenty-foot wide strip of excess right-of-way will provide driveway access to the proposed garage from Frankfort Street. After investigation, Transportation Division staff determined the sale of this excess right-of-way would not adversely affect the City's use of the remaining Frankfort Street right-of-way and that there were no objections to the transfer of the requested portion of this right-of-way. The Department of Law, Real Estate Division, established a value of $9,737.00 for this excess right-of-way and Land Review Commission voted to recommend the sale of this excess right-of-way for $9,737.00.
Fiscal Impact: The City will receive $9,737.00, 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 twenty foot wide strip of excess right-of-way off the north side of Frankfort Street to Aria Alaudini for $9,737.00 and to waive the competitive bidding provisions of Columbus City Codes and to declare an emergency.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Mr. Aria Alaudini asking that the City transfer a twenty-foot wide strip of excess right-of-way off the north side of Frankfort Street to him; and
WHEREAS, Mr. Alaudini proposes to construct a two car garage at the rear of 371 Forest Street; and
WHEREAS, the acquisition of the twenty foot wide strip of excess right-of-way will provide driveway access to the proposed garage from Frankfort Street; and
WHEREAS, after investigation, Transportation Division staff determined the sale of this excess right-of-way would not adversely affect the City's use of the remaining Frankfort Street right-of-way and that there were no objections to the transfer of the requested portion of excess right-of-way; and
WHEREAS, the Department of Law, Real Estate Division established a value of $9,737.00 for this excess right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that this excess right-of-way be transferred to Mr. Aria Alaudini for $9,737.00; now, therefore
WHEREAS. an emergency exists in the usual daily operation of the Department of Public Service & Transportation in that it is immediately necessary to pass this ordinance measure because of the need to build a garage of the property as soon as possible for the preservation of the public health, peace, property, safety, and welfare; 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 Aria Alaudini for $9,737.00; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a part of Frankfort Street (60 feet wide) as shown in Henry and Elizabeth Barth's Subdivision of record in Plat Book 1, Page 377, all references are to the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
Beginning at a capped iron pipe, found at the southeasterly corner of Lot 10 of said subdivision, conveyed to Aria Alaudini by deed of record in Instrument 200408050182867, bearing N 70°25'59' E, a distance of 0.32 feet from a ½" iron pipe found, also being in the northerly right-of-way line of said Frankfort Street and being the TRUE PLACE OF BEGINNING for this particular description;
Thence S 84°27'25" E, a distance of 27.82 feet along the southerly line of said Lot 10, also being the northerly right-of-way line of said road to a iron pipe set at the southwesterly corner of Lot 11 of said subdivision conveyed to Andrew M. and Karen K. Hanas by deed of record in Official Record 003323, Page A-11;
Thence S 06°30'01" E, a distance of 20.45 feet along the southerly extension of the westerly line of said Lot 11 through said road to an iron pipe set being 10 feet northerly from the centerline of said road;
Thence N 84°27'25" W, a distance of 27.82 feet parallel with and at right angles to the southerly line of said Lot 10 through said road to an iron pipe set;
Thence N 06°30'01" W, a distance of 20.45 feet along the southerly extension of the easterly line of Lot 9 of said subdivision conveyed to Aurora Industries by deed of record in Instrument 200104050070896 to the TRUE PLACE OF BEGINNING for this particular description containing 556.40 square feet more or less.
Iron pins set are ¾" inside diameter iron pipe 30 inches long with a yellow cap stamped "RAAB P.S. 7863".
The basis of bearings for this survey is the centerline of Forest Street being S 84°27'25" E, as stated on the plat of Henry and Elizabeth Barth's Subdivision of record in Plat Book 1, Page 377.
This description was prepared by using measurements obtained by an actual field survey conducted in July 2004 by Raab Surveying, LLC.
John Jeffrey Rabb, Registered Surveyor No. 7863
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 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 4. That the $9,737.00 to be received by the City as consideration for the sale of this excess right-of-way shall be deposited in Fund 748, Project 537650.
Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.