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File #: 0759-2021    Version: 1
Type: Ordinance Status: Passed
File created: 3/18/2021 In control: Public Service & Transportation Committee
On agenda: 5/10/2021 Final action: 5/13/2021
Title: To authorize the Director of the Department of Public Service to execute a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office for the transfer 499 sq. ft. (0.011 acre) portion of the above mentioned right-of-way to Brandon Shaw and Krisztina Nadasdy. ($0.00)
Attachments: 1. Ord. 0759-2021 Description - Exhibit - Grant 2020-010

Explanation

1. Background:

The City of Columbus, Department of Public Service, received a request from Brandon Shaw and Krisztina Nadasdy, applicants and property owners of 554 S Grant Ave., to sell an approximate 490+/- square foot portion.  This is a land-locked portion at the north/east corner of this address. (aka PID 010-008649).  It is adjacent to PID- 010-021243 at the south side of this parcel; ROW is just east of the E. Blenkner St. and Grant Ave intersection which is just south of Livingston Ave.

 

Sale of this right-of-way will be to incorporate the portion into the current parcel, with no specific plans at this time.  The Department of Public Service has agreed to sell the right-of-way 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 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 $24,500.00 was established.  Brandon Shaw and Krisztina Nadasdy requested mitigation.  This request went before the Land Review Commission on November 19, 2020.  After review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Brandon Shaw and Krisztina Nadasdy at the cost of $12,475.00 to them.

 

2. FISCAL IMPACT:

The City will receive a total of $12,475.00 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 a quitclaim deed and other incidental instruments prepared by the City Attorney’s Office for the transfer 499 sq. ft. (0.011 acre) portion of the above mentioned right-of-way to Brandon Shaw and Krisztina Nadasdy. ($0.00)

 

Body

WHEREAS, the City of Columbus, Department of Public Service, received a request from Brandon Shaw and Krisztina Nadasdy, applicants and property owners of 554 S Grant Ave., to sell an approximate 499+/- square foot portion.  This is a land-locked portion at the north/east corner of this address. (a.k.a. PID 010-008649).  It is adjacent to PID- 010-021243 at the south side of this parcel; ROW is just east of the E. Blenkner St. and Grant Ave intersection which is just south of Livingston Ave.; and

 

WHEREAS, the purpose of the transfer is to incorporate the portion into the current parcel, with no specific plans at this time; and

 

WHEREAS, the Department of Public Service has agreed to sell 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 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 $24,500.00 was established to be deposited in Fund 7748, Project P537650, as consideration transfer of the requested right-of-way; and

 

WHEREAS, this request went before the Land Review Commission on November 19, 2020; and

 

WHEREAS, after review of the request, the Land Review Commission voted to recommend the above referenced right-of-way be transferred to Brandon Shaw and Krisztina Nadasdy at the cost of $12,475.00 to them; 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 a quit claim deed and other incidental instruments prepared by the City Attorney’s Office, necessary to transfer the legal description as described below and attached exhibit of right-of-way to transferred to Brandon Shaw and Krisztina Nadasdy; to-wit:

 

0.011 ACRE PROPERTY DESCRIPTION

 

Situated in the State of Ohio, County of Franklin, City of Columbus, being part of a fifteen (15) foot wide alley shown on the plat of Charles Kemmler’s Subdivision, as same is delineated upon the recorded plat thereof, of record in Plat Book 4, Page 192, Recorder’s Office, Franklin County, Ohio and being more particularly described as follows:

 

BEGINNING at a set iron pipe at the northwest corner of Lot 4 of said subdivision, being the northwest corner of Tract 2 and in the east line of Tract 1 both conveyed to Krisztina Nadasdy and Brandon M. Shaw by Instrument No. 201908010096092, also being the southwest corner of said alley;

 

Thence, along the west line of said alley, part of the east line of said Tract 1, and part of the east line of the 2,057 square foot tract conveyed to William C. and Celeste A. Malver-Stewart by Instrument Number 201203290042996, NORTH, 15.00 feet to a set iron pipe at the southwest corner of Lot 1 of said subdivision, the southwest corner of the tract conveyed to 369 East Livingston Avenue LLC by Instrument No. 201504010040804 and the northwest corner of said alley;

 

Thence, along the north line of said alley, the south line of said Lot 1 and part of the south line of said 369 East Livingston Avenue LLC tract, South 89° 56’ 27” East, 33.30 feet to a set iron pipe at the southeast corner of said Lot 1, and the southwest corner of Lot 2 of said subdivision, the northeast corner of said alley and the northwest corner of said alley as vacated by City of Columbus Ordinance No. 60-96, passed on January 22, 1996;

 

Thence, across said alley, SOUTH, 15.00 feet to a set iron pipe at the northeast corner of said Lot 4, northeast corner of said Tract 2 and the northwest corner of Lot 5 of said subdivision, the southeast corner of said alley and the southwest corner of said vacated alley;

 

Thence, along the north line of said Lot 4 and north line of said Tract 2, North 89° 56’ 27” West, 33.30 feet to the place of beginning CONTAINING 0.011 ACRES (499 SQUARE FEET), subject however, to all legal highways, easements, leases and restrictions of record, and of records in the respective utility offices.

 

Thence, the foregoing description was prepared from an actual field survey made in April 2013. Iron pipe set are 30” x 1” O.D. with an orange plastic cap inscribed “MYERS P.S. 6579”. Bearings are based on the west line of Lot 4 assumed NORTH.  This description is based on a field survey by Myers Surveying Company, Inc. Joseph P. Myers, P.S. #7361

 

SECTION 2.  That the attached 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 quitclaim deed to the grantee thereof.

 

SECTION 3. That the City will receive a total of $12,475.00 for the sale of this right-of-way and the funds are to be deposited in Fund 7748, Project P537650, as consideration for the transfer of the requested right-of-way.

 

SECTION 3.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.