Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Mr. Walter G. Reiner asking that the City sell the right-of-way identified as a 5,782 square foot portion of the Culbertson Street right-of-way, between South Gift and South Mill Streets. Transfer of this right-of-way will allow for improvements and enhancements to property adjacent to the David Deardurff Pioneer House located at 72 South Gift Street.
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 Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $5,980.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Mr. Walter G. Reiner for $5,980.00.
2. FISCAL IMPACT:
The City will receive a total of $5,980.00 that will be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
3. EMERGENCY JUSTIFICATION:
Emergency action is requested to allow this transfer to occur as soon as possible.
Title
To authorize the Director of the Department of Public Service to execute those documents required to transfer a 5,782 square foot portion of the Culbertson Street right-of-way, between South Gift and South Mill Streets; and to declare an emergency.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Mr. Walter G. Reiner, asking that the City transfer a 5,782 square foot portion of the Culbertson Street right-of-way, between South Gift and South Mill Streets. to him; and
WHEREAS, acquisition of the right-of-way will allow Mr. Walter G. Reiner to perform improvements and enhancements on property that is adjacent to the above noted right-of-way, located at 72 South Gift Street; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, private utilities and applicable area commissions, 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 to Mr. Walter G. Reiner; and
WHEREAS, the Department of Public Service submitted a request to the Department of Law, Real Estate Division, asking that they establish a value for this right-of-way; and
WHEREAS, a value of $5,980.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Mr. Walter G. Reiner for the amount of $5,980.00; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director to execute those documents which will provide for immediate transfer of the above mentioned rights-of-way without delay and preserving 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 Director of the Department of Public Service 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 Mr. Walter G. Reiner; to-wit:
0.133 Acre Description
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Culbertson Street (49.5 feet wide) of the Plat of Franklinton, as shown of record in the Ross-Fairfield Book on Page 44, Recorder's Office, Franklin County, Ohio and being between Gift Street (49.5 feet wide) and Mill Street (49.5 feet wide) and being more particularly described as follows:
Beginning at an iron pipe set at the northwest corner of Lot 167 of said Plat, also being the intersection of the east line of said Gift Street with the south line of said Culbertson Street;
Thence, across said Culbertson Street along the east line of Gift Street, NORTH, 49.50 feet to the southwest corner of Lot 168 of said Plat, said corner being referenced by a mag nail set North 89 degrees 54 minutes 35 seconds West, 3.00 feet there from;
Thence, along the south line of said Lot 168, along the north line of said Culbertson Street, South 89 degrees 54 minutes 35 seconds East, 116.74 feet to an iron pipe set at the southeast corner of said Lot 168, the intersection of the north line of said Culbertson Street with the west line of said Mill Street;
Thence, across said Culbertson Street along the west line of said Mill Street, South 00 degrees 08 minutes 48 seconds East, 49.50 feet to a mag nail set at the northeast corner of said Lot 167, the intersection of the south line of said Culbertson Street with the west line of said Mill Street;
Thence, along the north line of said Lot 167, along the south line of said Culbertson Street, North 89 degrees 54 minutes 35 seconds West, 116.87 feet to the point of beginning CONTAINING 0.133 ACRES (5782 SQUARE FEET).
Iron pipe set are 30" x l" O.D. with an orange plastic cap inscribed "P.S. 6579", unless otherwise noted. Basis of bearings is the east line of Gift Street assumed NORTH. The foregoing description was prepared from an actual field survey by Myers Surveying Company, Inc. in October 2011.
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 right-of-way shall be and hereby is 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 $5,980.00 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 6. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.