Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Brenda S. Chamberlain, owner of 437 Chatfield Park, asking that the City sell them a 647 square foot (0.015 acre) portion of the right-of-way north of Stratford Way, and west of Chatfield Park.
Sale of this right-of-way will allow the owner to secure and limit access to prevent illegal dumping on the existing property, as well as personal parking. The Department of Public Service has agreed to sell 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 $808.00 was established.
This request went before the Land Review Commission on June 16, 2022. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Brenda S. Chamberlain at the cost of $808.00 to them.
2. FISCAL IMPACT
The City will receive a total of $808.00, and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the 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 0.015 acre portion of the right-of-way north of Stratford Way, and west of Chatfield Park. ($808.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Brenda S. Chamberlain asking that the City sell them a 647 square foot (0.015 acre) portion of the right-of-way north of Stratford Way, and west of Chatfield Park; and
WHEREAS, transfer of this right-of-way will be to allow the owner to secure and limit access to prevent illegal dumping on the existing property, as well as personal parking; 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 $808.00 was established; and
WHEREAS, this request went before the Land Review Commission on June 16, 2022; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Brenda S. Chamberlain at the cost of $808.00; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute the documents necessary to extinguish its need for this right-of-way and sell the land to Brenda S. Chamberlain; 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 Brenda S. Chamberlain; to-wit:
0.015 Acres
(647 SF)
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a dedicated sixteen (16) foot wide Alley of Block 18 of Eastgate Addition #2, as the same is delineated upon the recorded plat thereof, of record in Plat Book 13, Page 2, Franklin County Recorder’s Office and being more particularly described as follows:
Beginning at a 1” dia. pipe found at the southwest corner of Lot 6 of said subdivision, the northwest corner of Lot 5 of said subdivision, also being on the east line of said Alley;
Thence, across said Alley, along an extension of the south line of said Lot 6, North 89° 58’ 46” West, 16.18 feet to an iron pipe set on the west line of said Alley, the southeast corner of Lot 25, the northeast corner of Lot 26 of said subdivision;
Thence, along part of the west line of said Alley, along the east line of said Lot 25, North 08° 40’ 19” East, 40.46 feet to an iron pin set on the extension of the north line of said Lot 6, the northeast corner of said Lot 25, the southeast corner of Lot 24 of said subdivision;
Thence, across said Alley, along said extension of the north line of said Lot 6, South 89° 56’ 11” East, 16.18 feet to an iron pipe set at northwest corner of said Lot 6, the southwest corner of Lot 7 of said subdivision, also being on the east line of said Alley;
Thence, along the west line of said Lot 6, along part of the east line of said Alley, South 08° 40’ 19” West, 40.45 feet to the point of beginning CONTAINING 0.015 ACRES. Basis of bearing is the centerline tangent of Chatfield Park held as North 19° 57’ 00” East per Plat Book 13, Page 2, Iron pipes are set are 1” O.D. x 30” long with an orange plastic cap inscribed Myers PS 6579. The foregoing description was prepared from a boundary survey by Myers Surveying Company in 2022.
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. That the $808.00 to be received by the City as consideration for the sale of these rights-of-way shall be deposited in Fund 7748, Project P537650.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.