Explanation
1. Background:
The City of Columbus, Department of Public Service, received a request from Rumpke & Rumpke, LLC, asking that the City sell the portion of the Yoeman Street right-of-way between Penny Street and The Norfolk Southern Railway. Transfer of this right-of-way will facilitate expansion and improvements to property currently owned by Rumpke & Rumpke, LLC. 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 Department of Law, Real Estate Division, asking that they establish a value for this right-of-way. A value of $5,780.00 was established for this right-of-way. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Rumpke & Rumpke, LLC for $5,780.00.
2. FISCAL IMPACT:
The City will receive a total of $5,780.00 that will be deposited in Fund 748, Project 537650, 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 required to transfer the portion of the Yoeman Street right-of-way between Penny Street and The Norfolk Southern Railway.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Rumpke & Rumpke, LLC, asking that the City transfer the portion of the Yoeman Street right-of-way between Penny Street and The Norfolk Southern Railway to them; and
WHEREAS, acquisition of the right-of-way will allow Rumpke & Rumpke, LLC to perform improvements and enhancements on property that is currently owned by Rumpke & Rumpke, LLC; and
WHEREAS, per current practice, comments were solicited from interested parties, including City agencies, 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 right-of-way, the City will not be adversely affected by the transfer of this right-of-way to Rumpke & Rumpke, LLC; 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 this right-of-way; and
WHEREAS, a value of $5,780.00 was established for this right-of-way; and
WHEREAS, the Land Review Commission voted to recommend that the above referenced right-of-way be transferred to Rumpke & Rumpke, LLC for the amount of $5,780.00; and 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 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 Rumpke & Rumpke, LLC; to-wit:
Description of 0.151 Acres
Situated in the State of Ohio, Franklin County, City of Columbus, being a portion of Yoeman Street, a dedicated street being part of Samuel Doyle's Lockwin Addition to the City of Columbus (also called Doyle's First Addition) a subdivision of record in Plat Book 1, Page 3, (all records refer to the Recorder's Office, Franklin County, Ohio) and being more particularly bounded and described as follows:
BEGINNING at a 5/8" rebar set at the northeast corner of Lot 145 of said Lockwin Addition, as conveyed to Strait Real Estate LLC 2, Ltd., an Ohio Limited Liability Company by Official Record 33276, Page B08, also being the southwesterly intersection of the right-of-ways of Yoeman Street (50' R/W) and Penny Street (50' R/W);
Thence with the southerly right-of-way of said Yoeman Street (50' R/W), partially with the northerly line of said Lot 145, and partially with the northerly lines of Lots 146 and 147 of said Lockwin Addition, as conveyed to Strait Real Estate LLC 2, Ltd., an Ohio Limited Liability Company by Official Record 33276, Page B08, North 86°45'59"West a distance of 128.77 feet to a magnetic spike set at the intersection of the northerly line of said Lot 147 and the easterly line of the railroad as conveyed to Pennsylvania Lines LLC, a Delaware limited liability company by Instrument Number 200212180325195, also being the southeasterly corner of a portion of Yoeman Street previously vacated by Ordinance Number 29382;
Thence with the easterly line of said Pennsylvania Lines property and previously vacated portion of Yoeman Street North 02 0 49'34" West a distance of 50.28 feet to a point in the southerly line of Lot 2 of Thomas L. Brent's Subdivision of Lot No. 1 of Samuel Doyle's Cattle Yard Subdivision of parts of Lots Nos. 4 & 5 of Richardson's Subdivision of the 4th Qr. Town 1, Range 18, U.S. Military Lands, a subdivision of record in Plat Book 2, Page 58, and conveyed to Rumpke and Rumpke, LLC, an Ohio limited liability company by Instrument Number 200102080026817, also being in the northerly right-of-way of said Yoeman Street (50' R/W) and witnessed by a 1" iron pipe found capped "Sands Decker" being North 86°45'59" West a distance of 0.22' from said corner;
Thence with the northerly right-of-way line of said Yoeman Street (50' R/W) and partially with the southerly lines of Lots 2,3,4, and 5 of said Thomas L Brent's Subdivision as conveyed to Rumpke and Rumpke, LLC, an Ohio limited liability company by Instrument Number 200102080026817 South 86°45'59" East a distance of 134.08 feet to a magnetic spike set;
Thence across said Yoeman Street (50' R/W) South 03°14'01" West a distance of 50.00 feet to THE POINT OF BEGINNING and containing 0.151 acres.
Bearings are based on the Ohio State Plane Coordinate System, Ohio South Zone, NAD83(2007) as established using GPS observations using the Ohio Department of Transportation VRS Network with the northerly line of Yoeman Street being South 86°45'59" East, and are used to denote angles only. Rebars set are 5/8 inch by 36 inches and have a yellow plastic cap stamped "Rockmill Land Surveying." For additional information, see plat of survey made in conjunction with and considered an integral part of this description.
This description is based on a survey completed in August 2011 by Rockmill Land Surveying, LLC, and was prepared by Bryan J. Smith, Registered Professional Surveyor No. 8290.
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 right-of-way shall be and hereby is 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 $5,780.00 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 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.