Explanation
Background: The City of Columbus, Department of Public Service, received a request from the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University, asking that the City transfer them a 0.109 acre portion of the West Norwich Avenue right-of-way. Right-of-way area is adjacent to, and rear of, 322 and 328 West Lane Avenue. i. e. PID 010-077353 and PID 010-077351.
Transfer of this right-of-way will be to take ownership of the area which contains the building’s retaining wall addressed to 322 and 328 W Lane Ave for maintenance and security purposes. The Department of Public Service has agreed to transfer the right-of-way via a 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 $80.00 per square foot for the portion was established. This value is at a reduced easement retention value.
This request went before the Land Review Commission on March 16, 2023. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University, at complete mitigation and will be transferred at no cost to them and a general utility easement will be retained.
FISCAL IMPACT: The City will receive no funds 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 0.109 acre portion of West Norwich Avenue right-of-way to the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University, asking that the City transfer them a 0.109 acre portion of the West Norwich Avenue right-of-way. Right-of-way area is adjacent to, and rear of, 322 and 328 West Lane Avenue. i. e. PID 010-077353 and PID 010-077351; and
WHEREAS, transfer of this right-of-way will be to allow incorporation of the right-of-way with the adjacent 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 $80.00 per square foot for the portion was established; and
WHEREAS, this request went before the Land Review Commission on March 16, 2023; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University at no cost to them; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 0.109 acre portion of right-of-way described and depicted in the exhibit, which is attached hereto and made a part hereof, is no longer needed by the City of Columbus and can be extinguished.
SECTION 2. That the Director of the Department of Public Service be, and hereby is, authorized to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the right-of-way described below and depicted in the attached exhibit which is incorporated into this ordinance for reference, to the State of Ohio and its successors and assigns, for the use and benefit of The Ohio State University.
SECTION 3. 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 4. That a general utility easement in, on, over, across and through the legal description and attached exhibit describing the right-of-way shall be retained unto the City of Columbus for those utilities located within said right-of-way.
SECTION 5. 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.