Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from James Scherer, representative for CCN Investments LLC asking that the City transfer them a 6,500 square foot (0.149 acre) portion of the right-of-way near Parsons Avenue. The right-of-way area is South of Llewellyn Avenue and east of Parsons Avenue, abutted by parcel 010-112638 to the east, 010-112637 to the west, and 010-112249 to the south (0.149 acre).
Transfer of this right-of-way will allow the owner to incorporate it into the surrounding parcels. The Department of Public Service has agreed to transfer the right-of-way via quitclaim deed as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way.
Per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, 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.
The Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way, and a value of $6,488.00 was established.
This request went before the Land Review Commission on March 21, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to CCN Investments LLC at the cost of $6,488.00 to them.
2. FISCAL IMPACT:
The City will receive a total of $6,488.00 and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the transfer of 0.149 acre portion of the right-of-way near Parsons Avenue to CCN Investments LLC. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from James Scherer, representative for CCN Investments LLC asking that the City transfer them a 6,500 square foot portion of the right-of-way near Parsons Avenue. The right-of-way area is South of Llewellyn Avenue and east of Parsons Avenue, abutted by parcel 010-112638 to the east, 010-112637 to the west, and 010-112249 to the south (0.149 acre); and
WHEREAS, the purpose of the transfer will be to allow the owner to incorporate it into the surrounding parcels; and
WHEREAS, the Department of Public Service has agreed to transfer via quitclaim deed the right-of-way as described and shown within attached legal description and exhibit, and extinguishes its need for this public right-of-way; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities and the applicable area commission, 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; and
WHEREAS, the Department of Public Service submitted a request to the City Attorney’s Office, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $6,488.00 was established; and
WHEREAS, this request went before the Land Review Commission on March 21, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-ways be transferred to CCN Investments LLC at the cost of $6,488.00 ; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Service be and is hereby authorized to execute a quit claim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the legal description as described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to CCN Investments LLC; to-wit:
Road Transfer Description
Containing 0.149 Acres
Situated in the City of Columbus, County of Franklin, State of Ohio, Section 3, Township 4 North, Range 22 West, Congress Lands and being known as a 15’ Alley in the John Becker and Joseph Bergers Subdivision (Plat Book 5, Page 371) and a 20’ Alley in the Amended Plat of Cambria (Plat Book 7, Page 362) and being a portion that was originally dedicated in Plat of Cambria (Plat Book 5, Page 286) and being more fully described as follows:
COMMENCING at the southwesterly corner of Lot 4 in said John Becker and Joseph Bergers Subdivision conveyed to CCN Investments LLC (Instrument Number: 202102230033715), the easterly right-of-way line of Parsons Avenue (width varies), the TRUE PLACE OF BEGINNING and a mag nail set;
Thence South 85°59’05” East, with the southerly line of said Lot 4, a distance of 105.00 feet to the southeasterly corner thereof and a mag nail set;
Thence North 03°30’39” East, with the easterly line of said Lot 4 and Lots 1, 2 and 3 of said John Becker and Joseph Bergers Subdivision, a distance of 145.00 feet to the northeasterly corner of said Lot 1, the southerly right-of-way line of Llewellyn Avenue (58’) (Plat Book 5, Page 286) and a mag nail set;
Thence South 85°59’05” East, with the southerly right-of-way line of Llewellyn Avenue, a distance of 15.00 feet to a northwesterly corner of a parcel conveyed to Mount Clare Properties Ohio LLC (Official Record 1963E18) and a pin set, passing a 3/4” iron pipe bent found at 7.97 feet;
Thence South 03°30’39” West, with a westerly line of said Mount Clare Properties Ohio LLC parcel and the westerly line of Lot 4 of the Amended Plat of Cambria conveyed to CCN Investments LLC (Instrument Number: 202102230033715), a distance of 145.00 feet to the southwesterly corner thereof and a mag nail set, passing a pin set at 3.41 feet;
Thence South 85°59’05” East, with the southerly line of said Lot 4 in said Amended Plat of Cambria, a distance of 89.37 feet to a westerly line of said Mount Clare Properties Ohio LLC parcel and a pin set;
Thence South 28°36’12” East, with a westerly line of said Mount Clare Properties Ohio LLC parcel, a distance of 23.74 feet to the northeasterly corner of the remainder of Reserve “A” in the Plat of Cambria (Plat Book 5, Page 286) conveyed to CCN Investments LLC (Instrument Number: 202102230033715) and a pin set;
Thence North 85°59’05” West, with the northerly line of said Reserve “A”, a distance of 221.99 feet to the northwesterly corner thereof, the easterly right-of-way line of Parsons Avenue and a mag nail set;
Thence North 03°30’39” East, with the easterly right-of-way line of Parsons Avenue, a distance of 20.00 feet to the PLACE OF BEGINNING containing 0.149 acres, more or less, as surveyed by Steven W. Clutter, for and on behalf of CESO, Inc. in January of 2025.
Deed references are on file with the Franklin County Recorder’s office.
The basis of bearings for this description is a portion of the centerline of Parsons Avenue, establishing a bearing South 03°30’39” West, as established by GPS observations utilizing Ohio Reat-Time-Network (RTN) using NAD83 (2011) EPOCH 2010 (Ohio State Plane South).
All pins set are 5/8” x 30” rebar with yellow cap marked CESO, Inc.
Section 2. That the attached referenced real property shall be, and hereby is, considered excess road right-of-way and the public rights therein shall terminate upon the Director's execution and delivery of said quitclaim deed to the grantee thereof.
Section 3. That a general utility easement in, on, over, across and through the attached legal description and exhibit describing the right-of-way shall be retained unto the City of Columbus for those utilities located within said right-of-way.
Section 4. That upon notification and verification of the relocation of all utilities located within the retained general utility easement area the Director of the Department of Public Service is hereby authorized to execute those documents necessary to release the retained general utility easement with no additional compensation due to the City and with no further legislative action required by the City.
SECTION 5. That the $6,488.00 to be received by the City as consideration for the transfer of this right-of-way shall be deposited in Fund 7748, Project P537650.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.