Explanation
BACKGROUND
Centex Homes recently completed construction of a functional retaining wall adjacent to the Highland Pointe Condominium development along North Woods Boulevard. This retaining wall, which encroaches into the North Woods Boulevard right-of-way, was installed to protect the integrity of the adjacent 4 foot wide sidewalk. Centex Homes, on behalf of the Highland Pointe Condominium Association, has requested the City of Columbus grant an encroachment easement for this retaining wall. Review of the plans (Sidewalk & Driveway Approaches - North Woods Boulevard - East Side - 2379 DR. E.) indicates this retaining wall will not adversely affect any utilities along this portion of North Woods Boulevard. The following legislation will authorize the Director of the Department of Public Service to execute those documents prepared by the City Attorney's Office that will grant a 0.002 acre encroachment easement to the Highland Pointe Condominium Association and will detail the maintenance responsibilities associated with this encroachment easement.
The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, as consideration for the granting of this encroachment easement.
Title
To authorize the Director of Public Service to execute those documents necessary to grant a 0.002 acre encroachment easement to the Highland Pointe Condominium Association for a retaining wall installed to protect the integrity of the 4 foot wide sidewalk on the east side of North Woods Boulevard adjacent to the Highland Pointe Condominium development.
Body
WHEREAS, Centex Homes recently completed construction of a functional retaining wall adjacent to the Highland Pointe Condominium development along North Woods Boulevard; and
WHEREAS, this retaining wall, which encroaches into the North Woods Boulevard right-of-way, was installed to protect the integrity of the adjacent 4 foot wide sidewalk; and
WHEREAS, Centex Homes, on behalf of the Highland Pointe Condominium Association, has requested the City of Columbus grant an encroachment easement for this retaining wall; and
WHEREAS, review of the plans (Sidewalk & Driveway Approaches - North Woods Boulevard - East Side - 2379 DR. E.) indicates this retaining wall will not adversely affect any utilities along this portion of North Woods Boulevard and.
WHEREAS, a value of $500.00 has been established for the requested encroachment easement; 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 those documents prepared by the City Attorney's Office that will grant the following described encroachment easement to the Highland Pointe Condominium Association and will detail the maintenance responsibilities associated with this encroachment easement:
0.002 Acre Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 2, Township 2, Range 18, United States Military Lands, being on, over and across the right-of-way of North Woods Boulevard as shown on the plat entitled "North Woods Section 4" of record in Plat Book 61, Page 81 and 82 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows:
BEGINNING at the southwesterly corner of that 5.292 acre tract as conveyed to NNN Northwoods, LLC by deed of record in Instrument Number 200612080244874, at the northwesterly corner of "Highland Pointe Condominium" of record in Condominium Plat Book 186, Pages 81 thru 86, being on the easterly right-of-way line of said North Woods Boulevard;
Thence with said easterly right-of-way, with the arc of a curve to the left, having a central angle of 08°11'20", a radius of 295.00 feet, an arc length of 42.16 feet, a chord bearing and distance of South 15°43'10" West, 42.13 feet to a point;
Thence across the right-of-way of said North Woods Boulevard, the following courses and distances:
North 78°10'50" West, a distance of 2.00 feet to a point on the arc of a curve to the right;
With the arc of said curve, having a central angle of 08°26'11", a radius of 297.00 feet, an arc length of 43.75 feet, a chord bearing and distance of North 15°50'46" East, 43.71 feet to a point of tangency;
South 67°22'07" East, a distance of 2.00 feet to a point on the arc of a curve to the left, being on the easterly right-of-way line of said North Woods Boulevard;
Thence with said easterly right-of-way line, with the arc of said curve, having a central angle of 00°14'03", a radius of 295.00 feet, an arc length of 1.21 feet, a chord bearing and distance of South 19°55'52" West, 1.21 feet to the POINT OF BEGINNING and containing 0.002 acre of land, more or less.
EVANS, MECHWART, HAMBLETON & TILTON, INC.
Edward J. Miller
Registered Surveyor No. 8250
Section 2. That the $500.00 to be received by the City as consideration for the requested encroachment easement shall be deposited in Fund 748, Project 537650.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.