Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Columbus Metropolitan Housing Authority asking that the City transfer them a 19,500 square foot (0.448 acre) portion of the right-of-way near Refugee Road. The right-of-way area is south of Refugee Road and East of Schwartz Road. The right-of-way area runs mainly east/west directionally for approximately 625+/- feet and the width is 40+/- feet, abutted to the north and by parcel 530-292866, and to the south by parcel 530-156568.
Transfer of this right-of-way will allow the owner to incorporate it into the adjoining parcels and develop an apartment complex on the property. 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 $62,000.00 was established.
This request went before the Land Review Commission on July 17, 2025. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Columbus Metropolitan Housing Authority at the cost of $0.00 to them.
2. FISCAL IMPACT
The Land Review Commission waived the cost, therefore, there is no fiscal impact to the City for 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 a 0.448 acre portion of the right-of-way near Refugee Road to Columbus Metropolitan Housing Authority. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Columbus Metropolitan Housing Authority asking that the City transfer them a 19,500 square foot (0.448 acre) portion of the right-of-way near Refugee Road. The right-of-way area is south of Refugee Road and East of Schwartz Road. The right-of-way area runs mainly east/west directionally for approximately 625+/- feet and the width is 40+/- feet, abutted to the north and by parcel 530-292866, and to the south by parcel 530-156568; and
WHEREAS, transfer of this right-of-way will be to allow the owner to incorporate it into the adjoining parcels and develop an apartment complex on the property; 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 $62,000.00 was established; and
WHEREAS, this request went before the Land Review Commission on July 17, 2025; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Columbus Metropolitan Housing Authority at the cost of $0.00; 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 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 Columbus Metropolitan Housing Authority; to-wit:
Exhibit A
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Section 5, Township 11 North, Range 21 West , Congress Lands East of Scioto River, being a part of Lot 12 as delineated on the Winchester Gardens subdivision plat in Plat Book 41, Page 59, being part of a 0.337 acre tract conveyed to City of Columbus, Ohio in Instrument Number 201308290147170, and being a part of a Service Road (variable width) as delineated on said Winchester Gardens subdivision plat, all records herein are from the Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:
Beginning for Reference at a 3/4" inner diameter iron pipe found in the intersection of the point of tangency in the easterly Right of Way line of Schwartz Road (60 feet) as delineated on said Winchester Gardens subdivision plat, the northwest corner of a 7.021 acre tract conveyed Berwick Grove Associates LP in Instrument Number 200402260041424, and the southwest corner of a 8.577 acre tract conveyed to Columbus Metropolitan Housing Authority in Instrument Number 202301230007183;
Thence, North 04° 15' 04" East, a distance of 621.29 feet, in common line of the easterly Right of Way line of said Schwartz Road and west line of said 8.577 acre tract to a point in the intersection of the easterly Right of Way line of said Schwartz Road, the northwest corner of said 8.577 acre tract, and the southwest corner of said 0.337 acre tract, said point being 1.35’ southwest of a found PK nail set in the concrete curb;
Thence, South 85° 44' 59" East, a distance of 80.35 feet, in the common line of the north line of said 8.577 acre tract and the south line of said 0.337 acre tract to an iron pin set in the north line of said 8.577 acre tract and the south line of said 0.337 acre tract, said point being the True Point of Beginning;
Thence, North 04° 14' 39" East, a distance of 40.01 feet, crossing said 0.337 acre tract to an iron pin set in the intersection of the north line of said 0.337 acre tract and the south line of a 0.819 acre tract conveyed to DG Buffalo 1031 LLC in Instrument Number 201406170075841;
Thence in the common line of said 0.337 acre tract and said 0.819 acre tract, and in common line of said 0.819 acre tract and said Service Road the following three courses:
1. South 85° 44' 59" East, a distance of 62.17 feet, to 5/8” iron pin found;
2. With a curve to the left, a radius of 37.50 feet, a delta of 90° 00' 00", an arc length of 58.90 feet, a chord bearing of North 49° 15' 01" East, and a chord distance of 53.03 feet to an iron pin set;
3. North 04° 15' 01" East, a distance of 142.18 feet to an iron pin set;
Thence, South 85° 44' 59" East, a distance of 443.47 feet, crossing the said Service Road to an iron pin set in the intersection of the east Right of Way line of said Service Road and the west line of a 1.870 acre tract conveyed to Harbir K. Rekhi in Instrument Number 200302050036576;
Thence, South 03° 55' 08" West, a distance of 18.00 feet, in the common line of said Right of Way line of Service Road and said 1.870 acre tract to a 3/4" inner diameter iron pipe found in the intersection of the southeast corner of said Service Road, the west line of said 1.870 acre, and the northeast corner of said 8.577 acre tract;
Thence, in the common line of the southerly Right of Way lines of said Service Road and the northerly lines of said 8.577 acre tract the following five courses:
1. North 85° 44' 59" West, a distance of 356.62 feet to a 5/8” diameter iron pin found with a cap that reads “Landtech S8066 LS20100015”;
2. With a curve to the left, a radius of 47.00 feet, a delta angle of 89° 33' 22", an arc length of 73.46 feet, a chord bearing of South 49° 24' 54" West, and a chord distance of 66.21 feet to a 5/8” diameter iron pin with a cap that reads “Landtech S8066 LS20100015”;
3. South 04° 15' 01" West, a distance of 77.50 feet to a 5/8” diameter iron pin found with a cap that reads “Landtech S8066 LS20100015”;
4. With a curve to the right, a radius of 77.50 feet, a delta angle of 90° 00' 00", an arc length of 121.73, a chord bearing of South 49° 14' 58" West, and a chord distance of 109.60 feet to a 5/8” iron pin found with an unreadable cap;
5. North 85° 44' 59" West a distance of 62.17 feet to the Point of Beginning, containing 0.448 acres more or less subject to legal highways and other easements of records.
Iron pin set is a 5/8” diameter by 30 inch long rebar with a cap that reads “CW Design Group”,
The bearings shown on this description are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (2012) Epoch 2010. Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and observations of selected stations in the Ohio Department of Transportation Real-Time-Network (ODOT RTN). The south right of way line of Service Road, having a bearing of North 85° 44' 59" West and monumented, is designated the “Basis of Bearing” for this plat.
The described tract is part of the public Right of Way without an Auditor’s Parcel Number and is based on Plat Book 41, Page 59, and Instrument Numbers 201308290147170, 200402260041424, 201406170075841, 200302050036576, and 202301230007183.
A plat of survey is attached hereto and made a part of.
I hereby certify this description was based field survey conducted by CW Design Group, LLC under my guidance in October 2022 and to the best of my knowledge depicts the boundary lines.
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 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 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. The Land Review Commission waived the cost, therefore, there is no fiscal impact to the City for this transfer of the requested right-of-way.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.