Explanation
1. Background:
In 1924, as a part of a subdivision know as The Suburban Homesite Co's Allotment, recorded at Franklin County in Plat Book 17 Page 8, a 50 foot right-of-way was dedicated to public use and named Fairview Avenue. Fairview Avenue is located approximately 305 feet west of Cleveland Avenue and extending north from Morse Road to Brooklyn Road. Fairview Avenue was never developed and has remains in that state. The Department of Public Service received a request to purchase a portion of this unimproved right-of-way, along with a portion of Morse Road right-of-way by a property owner to the east of the unimproved avenue, known as Miracle Motor Mart. After investigation by the Division of Planning and Operations staff, it has been determined that the transfer of the requested portions of unimproved Fairview Avenue and Morse Road right-of-way to the abutting property owner (Miracle Motor Mart) will not adversely impact the City. It has also been determined that a property owner to the west of this unimproved avenue, known as Charles M. Savko has also requested to purchase a portion of this unimproved right-of-way and a portion of Morse Road.
Transfer of these portions of undeveloped Fairview Avenue and Morse Road to the abutting property owner (Miracle Motor Mart) will allow for the expansion of their existing facilities. The transfer of these portions of undeveloped Fairview Avenue and Morse Road to the abutting property owner (Charles M. Savko) will allow for easier redevelop their property in the further. Per current practice, comments were solicited from interested parties, including City departments, 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 said right-of-way. The City will not be adversely affected by the transfer of these portions of unimproved Fairview Avenue and Morse Road. 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 $17,662.50 was established for this right-of-way being transferred to the abutting property owner to the east (Miracle Motor Mart). Miracle Motor Mart will also be dedicating a 0.017 acre of right-of-way for future turnaround needs, if the remaining portion of Fairview Avenue is developed. A value of $17,739.00 was established for this right-of-way being transferred to the abutting property owner to the west (Charles M. Savko). After review of the request, the Land Review Commission voted to recommend that the above referenced unimproved right-of-ways be transferred to the abutting property owners.
2. FISCAL IMPACT:
The City will receive a 0.017 Acre tract of land for right-of-way and a total of $35,401.50, to be deposited in Fund 748, Project 537650, as consideration for the transfer of the requested portion of Fairview Avenue and Morse Road right-of-way.
Title
To authorize the Director of Public Service to execute those documents required to transfer unimproved portion of Fairview Avenue and Morse Road right of way to the abutting property owners (Miracle Motor Mart and Charles M. Savko).
Body
WHEREAS, in 1924, as a part of a subdivision know as The Suburban Homesite Co's Allotment, recorded at Franklin County in Plat Book 17 Page 8, a 50 foot right-of-way was dedicated to public use and named Fairview Avenue. Fairview Avenue is located approximately 305 feet west of Cleveland Avenue and extending north from Morse Road to Brooklyn Road. Fairview Avenue was never developed and has remains in that state; and
WHEREAS, The Department of Public Service received a request to purchase a portion of this unimproved Fairview Avenue right-of-way, along with a portion of Morse Road right-of-way by a property owner to the east of the unimproved Fairview Avenue, known as Miracle Motor Mart.; and
WHEREAS, After investigation by the Division of Planning and Operations staff, it has been determined that the transfer of the requested portions of unimproved Fairview Avenue and Morse Road right-of-way to the abutting property owner (Miracle Motor Mart) will not adversely impact the City. It has also been determined that a property owner to the west of this unimproved Fairview Avenue, known as Charles M. Savko has also requested to purchase a portion of this unimproved Fairview Avenue right-of-way and a portion of Morse Road right-of-way; and
WHEREAS, The transfer of these portions of undeveloped Fairview Avenue and Morse Road to the abutting property owner (Miracle Motor Mart) will allow for the expansion of their existing facilities. The transfer of the portions of undeveloped Fairview Avenue and Morse Road to the abutting property owner (Charles M. Savko) will allow for easier redevelop their property in the further. Per current practice, comments were solicited from interested parties, including City departments, 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 these said right-of-ways. The City will not be adversely affected by the transfer of these portions of unimproved Fairview Avenue and Morse Road; 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 these right-of-ways. A value of $17,662.50 was established for this right-of-way being transferred to the abutting property owner to the east (Miracle Motor Mart). Miracle Motor Mart will also be dedicating a 0.017 acre of right-of-way for future turnaround needs, if the remaining portion of Fairview Avenue is developed. A value of $17,739.00 was established for this right-of-way being transferred to the abutting property owner (Charles M. Savko). After review of the request, the Land Review Commission voted to recommend that the above referenced unimproved right-of-ways be transferred to the abutting property owners; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Public Service Department 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-ways to the abutting property owners; to-wit:
0.036 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Lot 29 in Suburban Homesite Co's Allotment the same as numbered and delineated upon the record plat of record in Plat Book 17, Page 8, and being part of a Parcel (0.0482 acres) tract conveyed to the City of Columbus of record in Deed Book 2999, Page 441, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office unless otherwise noted), and being more particularly described as follows:
Commencing at a 1" solid iron pin found in a monument box and the intersection of the centerline of Cleveland Avenue with the centerline of survey & construction of Morse Road;
Thence, along the centerline of survey, North 85°06'44" West, 297.18 feet to a point at Station 177+52.42, said point being located South 85°06'44" East from a I" solid iron pin found in a monument box in the centerline of survey of said Morse Road at Station 168+84.33;
Thence, across said Morse Road, North 4°53'16" East, 68.13 feet to point at the southwest corner of the City of Columbus Parcel13WD (Instrument Number 200804160058157) and the southeast corner of the City of Columbus Parcel 2 tract (Deed Book 2999, Page 441), also being on the east line of Lot 31 of said Allotment, the west line of Lot 30 of said Allotment;
Thence, along part of the east line of said Lot 31, part of the west line of said Lot 30, along the east line of said City of Columbus Parcel 2 tract, and the west line of said Parcel 13WD, North 03°45'16" East, 6.87 feet to a point at the northwest corner of said Parcel 13WD, also being a southwest corner of a 0.725 acre tract conveyed to Miracle Realty Limited, LLC of record in Instrument Number 200808250129128;
Thence, across said Lot 30, along the north line of said Parcel13WD, along a south line of said 0.725 acre tract, South 85°06'36" East, 46.53 feet to a point on the east line of said Lot 30, the west line of said Lot 29, also being the northeast corner of said Parcel 13WD, also a southeast corner of said 0.725 acre and being on the west line of said Parcell tract;
Thence, along part of the east line of said Lot 30, part of the west line of said Lot 29, along a east line of said 0.725 acre tract, part of the west line of said Parcel tract, North 03°50'17" East, 6.04 feet to an iron pipe set at THE TRUE POINT OF BEGINNING of this description;
Thence, along part of the east line of said Lot 30, part of the west line of said Lot 29, along a east line of said 0.725 acre tract, part of the west line of said Parcel tract, North 03°50'17" East, 33.17 feet to a found mag nail at the northwest comer of said Parcell tract;
Thence, across said Lot 29, along a south line of said 0.725 acre tract, along the north line of said Parcell tract, South 86°26'24" East, 46.64 feet to an 1" dia. iron pipe found at the northeast comer of said Parcell tract, being on the east line of said Lot 29, the west line of an alley (20 feet wide) and a southeast comer of said 0.725 acre tract;
Thence, along part of the east line of said Lot 29, along the west line of said alley, along part of the east line of said Parcell tract, South 03°48'16" West, 34.25 feet to a mag nail set;
Thence, across said Lot 29, across said Parcel tract, along a line parallel to said centerline of survey & construction of Morse Road, North 85°06'44" West, 46.67 feet to the place of beginning CONTAINING 0.036 ACRES.
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc. in February 2019. Iron pipes set are 30" X I" a.D. with an orange plastic cap inscribed "P.S. 6579", unless otherwise noted. Basis of bearings is the Morse Road Centerline of Survey and Construction held as South 85° 06'44" East as per Instrument Number 200804160058157.
0.153 Acres
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Fairview Avenue in Suburban Homesite Co's Allotment the same as numbered and delineated upon the record plat of record in Plat Book 17, Page 8, and being part of a Parcel 2 (0.0482 acres) tract conveyed to the City of Columbus record in Deed Book 2999, Page 441, Recorder's Office, Franklin County, Ohio (all references to recorded documents are on file in said Recorder's Office unless otherwise noted), and being more particularly described as follows:
Commencing at a 1" solid iron pin found in a monument box and the intersection of the centerline of Cleveland A venue with the centerline of survey & construction of Morse Road;
Thence, along the centerline of survey, North 85°06'44" West, 297.18 feet to a point at Station 177+52.42, said point being located South 85°06'44" East from a 1" solid iron pin found in a monument box in the centerline of survey of said Morse Road at Station 168+84.33;
Thence, across said Morse Road, North 4°53'16" East, 68.13 feet to point at the southwest comer of the City of Columbus Parcel13WD (Instrument Number 200804160058157) and the southeast comer of said City of Columbus Parcel 2 tract, also being on the east line of Lot 31 of said Allotment, the west line of Lot 30 of said Allotment;
Thence, along part of the east line of said Lot 31, part of the west line of said Lot 30, along part of the east line of said City of Columbus Parcel 2 tract, along the west line of said Parcel13WD, along part of a west line of a 0.725 acre tract conveyed to Miracle Realty Limited, LLC (Instrument Number 200808250129128), North 03°45'16" East, 12.91 feet to an iron pipe set at THE TRUE POINT OF BEGINNING of this description;
Thence, across said City of Columbus Parcel 2 tract and across said Fairview A venue, along a line parallel to the centerline of survey & construction of Morse Road, North 85°06'44" West, 71.67 feet to a mag nail set on the centerline of said Fairview A venue (50 feet wide and unimproved);
Thence, along the centerline of said Fairview Avenue, North 03°46'52" East, 207.64 feet to an iron pipe set;
Thence, across said Fairview Avenue, South 86°13'08" East, 25.00 feet to a mag nail set on the east line of said Fairview Avenue, the west line of Lot 25 of said Allotment, the west line of said 0.725 acre tract;
Thence, along the east line of said Fairview Avenue, along part of the west line of said Lot 25, along the west lines of Lots 26, 27, 28 of said Allotment, along the west line of a 0.051 acre tract (Instrument Number 200809040134468), along part of the west line of said Lot 31, along part of the west line of said 0.725 acre tract, South 03°46'52" West, 177.12 feet to a mag nail found at the northwest comer of said City of Columbus Parcel 2 tract, a southwest comer of said 0.725 acre tract;
Thence, across said Lot 31, along a south line of said 0.725 acre tract, along the north line of said City of Columbus Parcel 2 tract, South 86°26'24" East, 46.64 feet to a mag nail found at the northwest comer of said City of Columbus Parcel 2 tract, also being on the east line of said Lot 31, the west line of said Lot 30;
Thence, along part of the east line of said Lot 31, part of the west line of said Lot 30, along part of the east line of said City of Columbus Parcel 2 tract, along a west line of said 0.725 acre tract, South 03°45'16" West, 32.09 feet to the point beginning CONTAINING 0.153 ACRES of which 0.034 acres is out of said 0.0482 acre Parcel 2 tract. 0.071 Acres is in tax district 600 and 0.082 Acres is in tax district 010.
The foregoing description was prepared from actual field measurements by Myers Surveying Company, Inc. in February 2019. Iron pipes set are 30" X 1" O.D. with an orange plastic cap inscribed "P.S. 6579", unless otherwise noted. Basis of bearings is the Morse Road Centerline of Survey and Construction held as South 85° 06'44" East as per Instrument Number 200804160058157.
0.181 Acre
Situate in the State of Ohio, County of Franklin, City of Columbus and being part of Fairview Avenue (unimproved) and being part of the 0.0413 acres of Lot 32 and being part of the 0.0413 acres of Lot 33 of the Suburban Homesite Company Allotment of record in Plat Book 17. Page 8 conveyed to The City of Columbus of record in Deed Book 3395, Page 220, and also being 0.046 acres in the City of Columbus, Westerville Combined School District 600 and being 0.135 acres in the City of Columbus Tax district 010, all references to records being on file in the office of the recorder, Franklin County, Ohio, said 0.181 acres being more fully described herein;
Beginning for reference at a I inch solid bar found in a monument box found at the intersection of the centerline of construction of Morse Road and Cleveland A venue as shown on FRA-MORSE Road Improvements - Phase 2, Drawer-E 2137 and being station 180+49.60;
Thence North 85°06'44" West with the centerline of construction of said Morse Road, a distance of 473.88 feet to a point, said point being further referenced by a nail found at an angle point in the centerline of construction which lies North 85°06'44" West, a distance of 691.39 feet said nail also being at station 168+84.33;
Thence North 04°53'16" East a distance of 70.83 to 3;''' iron pin found at station 175+75.72, 70.83 feet left, said iron pin also being at the southeast comer of a 0.168 acre parcel conveyed to 2350 Morse Road, LLC of record in Instrument Number 200905280076255 and also being on the west line of said Lot 33 of said Suburban Homesite Company Allotment to the True Point of Beginning;
Thence North 03°55'56" East with the east line of said 0.168 acre parcel and the west line of said Lot 33, a distance of 45. 1 7 feet to a 5/8 inch solid bar found at the northeast comer of said 0.168 acre parcel, the southeast comer of a .050 acre parcel, conveyed to Charles M. Savko of record in Instrument Number 200809090136233 and the northwest comer of said 0.0413 acres of Lot 33;
Thence South 86°32'15" East with the north line of said 0.0413 acres of Lot 33 and said 0.0413 acres of Lot 32 and the south line of30 feet off the north end of lots 32 and 33 conveyed to Charles M. Savko of record in Instrument Number 200809090136233, a distance of 79.66 feet to a ¾ inch iron pin found;
Thence North 03°47'19" East with the east line of said 30 off the north end of lot 33, the east line of a 16 foot vacated ally of record in ORO 826-74, the east line of lots 62 and 63 of said Suburban Homesite Company Allotment conveyed to Charles M. Savko of record in Instrument Number 200809090136233 and the west line of said Fairwood Ave, a distance of 126.00 feet to a iron pin set;
Thence South 86°12'41" East across said Fairwood Ave, a distance of25.00 feet to a iron pin set;
Thence South 03°47'19" West with the centerline of said Fairwood Ave, a distance of 171.16 feet to a rail road spike set;
Thence North 86°27'54" West across said Fairwood Ave and said 0.0413 acres of lot 32 and said 0.0413 acres of lot 33, a distance of 104.78 feet to a the True Point of Beginning, containing 0.181 acres. Subject to all easement and documents of record.
For the purpose of this description a bearing of North 85°06'44'" West was held on the Centerline of Construction of Morse Road as shown on FRA-MORSE Road Improvements Phase 2, Drawer-E 2137 plans.
This description is based on an actual field survey performed by Robert Martin in February, 2010. All Iron Pin's set are 30"x l" O.D galvanized iron pipe with a yellow cap inscribed P.S. 8114
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 these right of ways.
Section 3. This ordinance shall take effect and be in force from and after the earliest period allowed by law.