Explanation
1. BACKGROUND
By virtue of a deed recorded in Deed Volume 131, page 151, the City of Columbus ("City") is the owner of land that was transferred to the City for the purpose of establishing an open street extending from High Street to Park Street. The street that was constructed for this purpose was named Doherty Alley and was eventually renamed Red Bird Alley. In conjunction with ongoing development/redevelopment of this part of the City, various streets and alleys have either been relocated or abandoned and then vacated. A portion of Park Street was re-routed to the southeast and became known as Front Street; Red Bird Alley was vacated, but only from High Street to the easterly right-of-way line of relocated Front Street, inadvertently leaving a small 0.007-acre triangle of Red Bird Alley as public right-of-way. NWD Investments, LLC ("NWD") owns the lands adjacent to and immediately west of this triangular parcel and a structure owned by NWD has been constructed over this parcel of residual right-of-way. NWD has requested the City quit claim this residual parcel of right-of-way to them to clear a cloud on the title to this property. The City has no current or planned need for this parcel, and has been informed by the Franklin County Auditor that immediately upon transfer of the parcel to NWD a new tax parcel number will be created for the tract and it will be combined with NWD's existing tax parcel. The following legislation authorizes the Director of the Department of Public Service to execute a quitclaim deed, prepared by the City Attorney's Office, which will transfer this 0.007 acre triangle of residual right-of-way to NWD, will generate a small amount of additional tax revenue and will clear a cloud on the title to this land.
2. FISCAL IMPACT
N/A
Title
To authorize the Director of the Department of Public Service to execute a quitclaim deed, prepared by the City Attorney's Office, which will transfer a 0.007 acre triangle of residual right-of-way formerly known as Red Bird Alley, and more fully described in the body of this legislation, to NWD Investments, LLC; and to the extent that they may apply to waive the competitive bidding and Land Review Commission provisions of Columbus City Code.
Body
WHEREAS, by virtue of a deed recorded in Deed Volume 131, page 151, the City of Columbus ("City") is the owner of land that was transferred to the City for the purpose of establishing an open street extending from High Street to Park Street; and
WHEREAS, the street that was constructed for this purpose, originally known as Doherty Alley, was eventually renamed Red Bird Alley; and
WHEREAS, in conjunction with ongoing development/redevelopment of this part of the City, various streets and alleys have been relocated or abandoned and then vacated; and
WHEREAS, a portion of Park Street was re-routed to the southeast and became known as Front Street; Red Bird Alley was vacated, but only from High Street to the easterly right-of-way line of relocated Front Street, inadvertently leaving a small 0.007 acre triangle of residual public right-of-way; and
WHEREAS, there are no records that indicate this triangle of residual public right-of-way formerly known as Red Bird Alley became a part of Front Street; and
WHEREAS, NWD Investments, LLC ("NWD") owns the lands adjacent to and immediately west of this 0.007 acre triangle of residual public right-of-way; and
WHEREAS, a structure owned by NWD has been constructed over this 0.007 acre triangular portion of residual right-of-way; and
WHEREAS, NWD has requested the City quit claim this 0.007 acre triangle of residual public right-of-way to them to clear a cloud on the title to their property; and
WHEREAS, the City has no current or planned need for this 0.007 acre triangular portion of residual right-of-way; and
WHEREAS, the City has been informed by the Franklin County Auditor that immediately upon transfer of the parcel to NWD a new tax parcel number will be created for the tract and it will be combined with NWD's existing tax parcel; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That, as requested by NWD Investments LLC, the Director of the Department of Public Service be and is hereby authorized to execute those documents prepared by the City Attorney's office that will clear a cloud on the title and quitclaim the City's interest, if any, to the following described 0.007 acre triangle of residual public right-of-way, to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, Section 8, Township 5, Range 22, Refugee Lands, being out of the right-of-way of Front Street, and described as follows:
Beginning for reference, at an iron pin found marking the intersection of the southerly right-of-way line of Vine Street with the westerly right-of-way line of Front Street, being the northeasterly corner of Lot 87 of "Lincoln Goodale's Addition" of record in Plat Book 1, Page 92, said lot being a part of that 0.361 acre tract conveyed to NWD Investments, LLC of record in Instrument Number 200002230035942;
Thence South 01°01'00" West, with said westerly right-of-way line and the easterly line of said Lot 87, a distance of 19.77 feet to an iron pin set at the northwest corner of that 0.084 acre tract conveyed to NWD Investments, LLC of record in Instrument Number 200509020181777;
Thence South 88°59'00" East, with a northerly line of said 0.084-acre tract, 22.11 feet to a magnetic nail set;
Thence South 26°18'44" East, with an easterly line of said 0.084-acre tract, 52.40 feet to a magnetic nail set;
Thence South 21°59'05" East, partly with an easterly line of said 0.084 acre tract and partly with an easterly line of that 0.237 acre tract conveyed to NWD Investments, LLC of record in Instrument Number 200003030043798, 86.59 feet to a magnetic nail set at a corner to said 0.237 acre tract, the True Point of Beginning;
Thence South 22°23'51" East, across the right-of-way of Front Street, 40.73 feet to a magnetic nail set in an northerly line of said 0.932 acre tract conveyed to NWD Investments, LLC of record in Instrument Number 200204150095052;
Thence North 89°14'34" West, with said northerly line, 16.19 feet to a magnetic nail set at a northwest corner of said 0.932 acre tract, in the easterly line of said 0.237 acre tract;
Thence North 01°01'00" East, with said easterly line, 37.45 feet to the True Point of Beginning, containing 0.007 acre (303.24 square feet), more or less, of which 0.007 acre lies within the present right-of-way of Front Street.
All references are to the records of the Recorder's Office, Franklin County, Ohio.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
The bearings for this description are based on the north line of Maple Street being South 89°08'05" East, as per Governor's Deed to the City of Columbus, of record in Official Record 30337I04.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
John C. Dodgion, Registered Surveyor No. 8069
Section 2. 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 329.29 with regards to the transfer of this right-of-way.
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 a recommendation from Land Review Commission and hereby waives the Land Review Commission provision of Columbus City Codes (1959) Revised, Section 328.01 with regards to the transfer of this right-of-way.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.