Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from John E. Lester asking that the City sell him that right-of-way identified as the unimproved portion of the 20-foot wide alley east of Woodland Avenue from Richmond Avenue to its northern terminus. Sale of this right-of-way will allow Mr. Lester to combine his two adjacent residential parcels into one larger parcel and continue to use this alley as driveway access to his existing garage. 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 there would be no adverse impact to the City upon transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this unimproved right-of-way. The Department of Law, Real Estate Division, established a total value of $2,240.00 for this right-of-way. The Land Review Commission voted to recommend that this right-of-way be transferred to John e. Lester for the value established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $2,240.00, 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 that right-of-way identified as the unimproved portion of the 20 foot wide alley east of Woodland Avenue from Richmond Avenue to its northern terminus to John E. Lester for a total of $2,240.00, 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 John E. Lester asking that the City sell him that right-of-way identified as the unimproved portion of the 20 foot wide alley east of Woodland Avenue from Richmond Avenue to its northern terminus; and
WHEREAS, sale of this right-of-way to Mr. Lester will allow him to combine his two adjacent residential parcels into one larger parcel and to continue to use this alley as driveway access to his existing garage; 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 there would be no adverse impact to the City upon transfer of this unimproved right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way; and
WHEREAS, a value of $2,240.00 was established for this right-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to John E. Lester for a total of $2,240.00; 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 John E. Lester for $2,240.00; to-wit:
Situate in the State of Ohio, County of Franklin, City of Columbus, lying in Half Section 15, Township 5, Range 22 and being a 20.00 feet wide alley as designated on the plat of the PARTITION OF LANDS BELONGING TO DAVID NELSON, DECEASED, of record in Complete Record No. 28, Page 454, record of the Common Pleas Court, Franklin County, Ohio and being bounded and more particularly described as follows:
Begin, for reference at an iron pin found at the intersection of the easterly line of Woodland Avenue (60 feet in width) and the northerly line of Richmond Avenue (50 feet in width) said pin being the southwesterly corner of Parcel 1 as conveyed to John E. Lester of record in Instrument No. 200409200219224, records of the Recorder's Office, Franklin County, Ohio;
Thence South 89°52'11" East, a distance of 160.00 feet, along the northerly line of said Richmond Avenue and the southerly lie of said Parcel 1, to an iron pin set in the westerly line of said 20.00 feet wide alley at the southeasterly corner of said Parcel 1, said point being the Point of True Beginning;
Thence North, a distance of 113.70 feet, along the line common to said Parcel 1 and said alley to an iron pin set at the northerly common corner of said parcel 1 and said alley, said point being in the southerly line of a tract of Land (Parcel 1), as conveyed to William W. Nucklos of record in Official Record 27310 J06;
Thence South 89°52'11" East, a distance of 20.00 feet, along the southerly line of said Nucklos Tract and the northerly line of said alley to an iron pin set at the northerly common corner of said alley and a tract of land conveyed as Parcel 2 to John E. Lester, of record in Instrument No. 200409200219224;
Thence South, a distance of 113.70 feet, along the line common to said alley and Parcel 2 to an iron pin set at the southerly common corner of said alley and Parcel 2, said point being in the northerly line of said Richmond Avenue;
Thence North 89°52'11" West, a distance of 20.00 feet along the northerly line of said Richmond Avenue and the southerly line of said alley, to the Point of True Beginning, containing 0.052 acres, more or less.
The bearing in the above description are based on an assumed bearing of South 89°52'11" East for the northerly line of Richmond Avenue and are used to denote angles only.
All iron pins set are ¾ inch iron pipes, 30 inches in length, with a red plastic cap stamped with the name "Landmark Survey"
The above description is based on an actual field survey in October of 2004.
LANDMARK SURVEY GROUP, INC.
Scott D. Grundei, P.S., Registered Surveyor No. 8047
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 alley shall be and hereby is retained unto the City of Columbus for those utilities currently located within said unimproved right-of-way.
Section 4. That the $2,240.00 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 these rights-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.