Explanation
The City of Columbus, Public Service Department, Transportation Division, received a request from Creative Housing, Inc., an Ohio non-profit corporation, asking that the City sell them the unimproved right-of-way immediately south of Roads End Road off of College Avenue. Sale of this unimproved right-of-way to Creative Housing, Inc., will increase the size of their adjacent property and will allow them to develop their site as currently proposed. After investigation by the Transportation Division staff it was determined there are no objections to the sale of this excess right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way and subject to the retention of a backyard ingress and egress easement for the property located at 1455 Roads End Road. The Department of Law, Real Estate Division, established a value of $12,792.00 for this right-of-way subject to retention of the above referenced easements. The Land Review Commission voted to recommend that this right-of-way be transferred to Creative Housing, Inc., for the value established by the Real Estate Division.
Fiscal Impact: The City will receive a total of $12,792.00, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested right-of-way.
Title
To authorize the Public Service Director to execute those documents required to transfer the unimproved right-of-way immediately south of Roads End Road off of College Avenue to Creative Housing, Inc., for $12,792.00, and to waive the competitive bidding provisions of Columbus City Codes.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, received a request from Creative Housing, Inc., an Ohio non-profit corporation, asking that the City sell them the unimproved right-of-way immediately south of Roads End Road off of College Avenue; and
WHEREAS, sale of this alley to Creative Housing, Inc., will increase the size of their adjacent property, and will allow them to develop their site as currently proposed; and
WHEREAS, after investigation by the Transportation Division staff it was determined there are no objections to the transfer of this right-of-way subject to the retention of a general utility easement for those utilities currently located within this right-of-way and the retention of a backyard ingress and egress easement for the property at 1455 Roads End Road; and
WHEREAS, a value of $12,792.00 was established for this right-of-way by the Department of Law, Real Estate Division; and
WHEREAS, the Land Review Commission voted to recommend that this right-of-way be transferred to Creative Housing, Inc., for $12,792.00; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Public Service Director 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 Creative Housing, Inc., an Ohio non-profit corporation, for $12,792.00; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, and being a 0.2715 acre tract of land known as Tract "F", a certain 20 foot alley and a certain 15 foot alley as same is numbered and delineated on the record plat of Berwick Subdivision, Plat Book 19, Pages 25-27, all references in this description are recorded in the Franklin County Recorders Office, Franklin County, Ohio, said 0.2715 acre tract being more particularly bounded and described as follows:
Beginning at an iron pin found at the southeast corner of Lot 1446 in said Berwick Subdivision and at the northeast corner of said 20 foot alley, said iron pin being also in the westerly right-of-way line of College Avenue (100 feet wide);
Thence S 31°55'00" E along the westerly right-of-way line of College Avenue a distance of 20.00 feet to a drill hole in a concrete approach apron; said drill hole being the northeast corner of Lot 1449 in said Berwick Subdivision;
Thence along the northerly and west line of said Lot 1449 the following two (2) courses:
S 58°05'00" W a distance of 80.00 feet to an iron pin found;
S 0°30'00" E a distance of 38.37 feet to an iron pin set;
Thence S 31°55'00" E along the westerly lines of Lots 1449, 1450, 1451, and 1452 a distance of 131.56 feet to an iron pin set at the southwest corner of said Lot 1452;
Thence N 89°30'00" E along the south line of Lot 1452 a distance of 117.18 feet to an iron pin set at the southeast corner of said Lot 1452, the northeast corner of a 15 foot alley and in the westerly right-of-way line of said College Avenue;
Thence S 31°55'00" E along the westerly right-of-way line of College Avenue a distance of 17.58 feet to an iron pin set in the south line of said Berwick Subdivision and in the north line of a 5.468 acre tract of land deeded to Berwick Congregation of Jehovahs Witness, O.R. 137531 I-06;
Thence S 89°30'00" W along a portion of the south line of said Berwick Subdivision and a portion of the north line of said 5.468 acre tract a distance of 214.84 feet to an iron pin set at the southwest corner of said Tract "F" and the southeast corner of Lot 1448 of Berwick Subdivision;
Thence N 0°30'00" W along the west line of said Tract "F" and along the east lines of Lots 1448 and 1447 of Berwick Subdivision a distance of 176.91 feet to an iron pin found at the northwest corner of said Tract "F", the southeast corner of said Lot 1447 and the southwest corner of said Lot 1446
Thence N 58°05'00" E along the south line of said Lot 1446 a distance of 91.13 feet to the place of beginning.
Containing 0.2715 acres of land more or less.
The bearings in this description are based upon the centerline bearing of College Avenue being N 31°55'00" W as shown on the record plat of Berwick Subdivision, Plat Book 19, Pages 25-27.
All iron pins set are ¾ inch O.D. pipes capped "HSC 5674".
HOCK SURVEYING COMPANY
Robert A. Hock, P.S., Registered Surveyor No. 5674
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 an ingress and egress easement be and hereby is retained on behalf of the property at 1455 Roads End Road.
Section 4. That a general utility easement in, on, over, across and through the above described excess rights-of-way shall be and hereby is retained unto the City of Columbus for those utilities currently located within said excess rights-of-way.
Section 5. That upon notification and verification of the relocation of all utilities located within the retained general utility easement the Public Service Director 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 the $12,792.00 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 7. 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 329.25 with regards to the transfer of these properties.
Section 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.