Explanation
The City of Columbus, Public Service Department, Transportation Division, recently received a request from Douglas B. Delzell asking that the City transfer the 20 foot wide alley located between Eighteenth Street and Carpenter Street, from the south right-of-way line of Fulton Street to the north right-of-way line of the first alley south of Fulton Street, to him. Sale of this alley to Mr. Delzell will allow him to provide off street parking and additional security for his adjacent residential properties. Per current Transportation Division 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 the alley, there would be no adverse impact to the City upon the transfer of this alley to Mr. Delzell. At the request of the Transportation Division, the Department of Law, Real Estate Division, established a value of $3,000.00 for this alley right-of-way. The Land Review Commission has voted to recommend that this right-of-way be transferred to Douglas B. Delzell for the $3,000.00 value established by the Real Estate Division.
Title
To authorize the Director of the Public Service Department to execute those documents required to transfer the 20 foot wide alley located between Eighteenth Street and Carpenter Street, from the south right-of-way line of Fulton Street to the north right-of-way line of the first alley south of Fulton Street, to Douglas B. Delzell for $3,000.00 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 Douglas B. Delzell asking that the City transfer the 20 foot wide alley located between Eighteenth Street and Carpenter Street, from the south right-of-way line of Fulton Street to the north right-of-way line of the first alley south of Fulton Street,, to him; and
WHEREAS, Mr. Delzell would like to acquire this alley to provide off street parking and additional security for his adjacent residential properties; and
WHEREAS, per current Transportation Division 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 the alley, there would be no adverse impact to the City upon the transfer of this alley; and
WHEREAS, the Department of Law, Real Estate Division, established a total value of $3,000.00 for this right-of-way; and
WHEREAS, the Land Review Commission has voted to recommend that this right-of-way be transferred to Douglas B. Delzell, for the $3,000.00 value established by the City Attorney's Real Estate Division; now, therefore
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-way to Douglas B. Delzell; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a twenty (20) foot alley of Graessle's Subdivision, as shown of record in Plat Book 4, Page 48, Franklin County Recorder's Office and being more particularly described as follows:
Beginning at a found 1" solid iron pin at the northwest corner of Lot 11 of Jessing Subdivision (Plat Book 7, Page 246) also being the south line of E. Fulton Street, (60 feet wide) and on the east line of said twenty foot alley;
Thence, along the west line of said Lot 11, along part of the east line of said twenty foot alley, South 00°56'33" West, 150.00 feet to a point being the southwest corner of said Lot 11, said point being referenced by a set iron pipe South 00°56'33" West, 1.00 feet therefrom;
Thence, across said twenty foot alley, South 88°34'07" West, 20.01 feet to a mag nail set at the northeast corner of a 1665.00 S.F. tract conveyed to the City of Columbus (D.B. 2512, P. 525), also being on the east line of Lot 5 of said Graessle's Subdivision;
Thence, along part of the east line of said Lot 5, along part of the west line of said twenty foot alley, North 00°56'33" East, 150.50 feet to a point being the northeast corner of said Lot 5, being on the south line of said Fulton Street, and being referenced by a mag nail set in the top of a limestone cap of a block/stone wall 1.00 feet East therefrom;
Thence, across said twenty foot alley, along the south line of said E. Fulton Street, East, 20.00 feet (passing said set mag nail at 1.00 feet) to the place of beginning CONTAINING 0.069 ACRES. Basis of bearings is the south line of E. Fulton Street assumed EAST. Iron pipes set are 30" x 1" O.D. with an orange plastic cap inscribed "P.S. 6579". The foregoing description was prepared by an actual boundary survey by Myers Surveying Company, Inc. in April 2008.
Myers Surveying Company, Inc.
Joseph P. Myers, P.S. 7361
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 alley shall be and hereby is retained unto the City of Columbus for those utilities currently located within said right-of-way.
Section 4. 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 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.