Explanation
1. Background: The City of Columbus, Department of Public Service, received a request from Melissa L. Grawe, asking that the City transfer them a 0.024 acre portion of the Whittier Avenue right-of-way. Right-of-way area is unimproved and is adjacent to the parcel at and near to 1513 E Whittier Street i.e. PID = 010-080937 and 010-080936.
Transfer of this right-of-way will be to allow incorporation of the right-of-way with the adjacent parcels and create off-street parking for their personal use and to have access to the rear of their property. The Department of Public Service has agreed to transfer 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 $3,135.00 for the portion was established. This value is at a reduced easement retention value.
This request went before the Land Review Commission on September 19, 2024. After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Melissa L. Grawe at the cost of $3,135.00 and a general utility easement will be retained.
2. FISCAL IMPACT: The City will receive a total of $3,135.00 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 0.024 portion of Whittier Avenue right-of-way to Melissa L. Grawe.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Melissa L. Grawe, asking that the City transfer them a 0.024 acre portion of the Whittier Avenue right-of-way. Right-of-way area is unimproved and is adjacent to the parcel at and near to 1513 E Whittier Street i.e. PID = 010-080937 and 010-080936; and
WHEREAS, transfer of this right-of-way will be to allow incorporation of the right-of-way with the adjacent parcels and create off-street parking for their personal use and to have access to the rear of their property; 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 and a value of $3,135.00 for the portion was established; and
WHEREAS, this request went before the Land Review Commission on September 19, 2024; and
WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Melissa L. Grawe at the cost of $3,135.00; 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 Melissa and Mark Grawe; to-wit:
RIGHT-OF-WAY DESCRIPTION
0.024 ACRE
PART OF A 16’ ALLEY, DRIVING PARK ADDITION (P.B. 18, PG. 47)
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a 16 feet wide alley as dedicated in Driving Park Addition, of record in Plat Book 18, page 47, all records being to those located in the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING FOR REFERENCE at a 1/2 inch inside diameter pipe found at the northeast corner of Lot 438 of said Driving Park Addition and the intersection of the southerly right-of-way line of Whittier Street (60’ feet wide) with the westerly right-of-way line of a 16 feet wide alley between Geers Avenue and Seymour Avenue, said alley as dedicated in said Driving Park Addition and Lenox Addition, of record in Plat Book 7, page 282; thence South 4°11’15” West, along the westerly right-of-way line of said 16’ alley, a distance of 119.94 feet to a mag nail set at the southeast corner of said Lot 438 and the northeast corner of another 16 feet wide alley, said mag nail being the TRUE POINT OF BEGINNING of the tract herein described.
Thence South 4°11’15” West, crossing through said 16 feet wide alley, a distance of 16.00 feet to a mag nail set at the northeast corner of Lot 439 of said Driving Park Addition;
Thence North 85°55’52” West, along the southerly right-of-way line of said 16 feet wide alley and the northerly line of said Lot 439, a distance of 65.91 feet to an iron pin set;
Thence North 4°11’15” East, crossing through said 16 feet wide alley, a distance of 16.00 feet to an iron pin set on the northerly right-of-way line of said alley, the southeast corner of Lot 436 of said Driving Park Addition, and the southwest corner of Lot 437 of said Driving Park Addition;
Thence South 85°55’52” East, along the northerly right-of-way line of said 16 feet wide alley and the southerly line of said Lot 437, becoming the southerly line of said Lot 438, passing an iron pin set at 33.03 feet, for a total distance of 65.91 feet to the TRUE POINT OF BEGINNING, containing 0.024 acres, more or less.
All iron pins set are 5/8” rebar, 30 inches long, with a cap inscribed “STADT 8723”.
Bearings herein are based on the westerly right-of-way line of a 16 feet wide alley between Geers Avenue and Seymore Avenue being South 4°11’15” West and are referenced to State Plane Grid, Ohio South Zone, per an Ohio RTN Survey (NAD83, 2011 Adjustment, Epoch 2010.0, US Survey Feet).
This description was prepared by Pro Boundary, LLC, and based on an actual field survey performed in October, 2024.
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 $3,135.00 to be received by the City as consideration for the sale of this right-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.