Explanation
1. BACKGROUND
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant a Revocable Encroachment Easement to Virginia A. Black-Woods for existing concrete retaining walls at 269 N Wheatland Avenue.
The Department of Public service is engaged in the Wheatland Avenue Improvements project. The project will consist of converting the roadway to two-way traffic and needed widening to provide for a parking lane on the west side. Improvements will consist of new curbs, sidewalks, storm sewer, electric distribution relocation, and street lighting.
The owner of the concrete retaining walls, Virginia A. Black-Woods N/K/A Virginia A. Black at 269 N Wheatland Avenue, Columbus, Ohio 43204 (parcel 010-011883), has requested that the City grant a Revocable Encroachment Easement to allow a portion of concrete retaining walls (0.0020 acres) to remain on City property within existing right-of-way. The existing concrete retaining walls were identified to be encroaching into the right-of-way while reviewing the construction plans for the project. The concrete retaining walls are not impacting any functionality of the right-of-way. Granting these encroachment easements is needed in order for the City of Columbus to clear the right-of-way for this project.
The following ordinance authorizes the Director of the Department of Public Service to execute documents necessary to grant a Revocable Encroachment Easement for the existing concrete retaining walls.
2. FISCAL IMPACT
There is no fiscal impact to grant this Revocable Encroachment Easement.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant a Revocable Encroachment Easement to Virginia A. Black-Woods located at 269 N Wheatland Avenue. ($0.00)
Body
WHEREAS, a Revocable Encroachment Easement in the public rights-of-way was requested by the owner of the property located at 269 N Wheatland Avenue; and
WHEREAS, the encroachments include existing concrete retaining wall; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Public Service to authorize the Director to execute those documents necessary for the City to grant a Revocable Encroachment Easement to Virginia A. Black-Woods; and
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 necessary to grant the following described encroachment easements to Virginia A. Black-Woods, and attached exhibits; to-wit:
63-ENC ENCROACHMENT EASEMENT
0.0020 ACRE
Situated in the State of Ohio, Franklin County, City of Columbus, Survey Number 2668, Virginia Military District, being in that portion of Wheatland Avenue adjoining Lot 162 of the Glen View Heights Subdivision as dedicated and delineated in Plat Book 11, Page 4 and said adjoining Lot 162 being conveyed to Virginia A. Black-Woods N/K/A Virginia A. Black. Prior instrument reference as of the date this survey was prepared: Instrument Number 202203220045136, of Franklin County, Ohio. Being bounded and described as follows:
Commencing at a point at the northeast corner of Lot 164 of said Glen View Heights Subdivision and as conveyed to Paradise 4U Properties, LTD, LLC, an Ohio Limited Liability Company in Instrument Number 2011111180150928 and also being the southeast corner of Lot 163 of said Glen View Heights Subdivision and as conveyed to Lee Spector in Instrument Numbers 201410300143810 and 201309300165065. Said point also being along the westerly right-of-way line of Wheatland Avenue (40’ wide) and being referenced by a 1” iron pipe found 20.72’ left of Wheatland Avenue centerline station 30+19.08, said point also being 20.00’ left of the Wheatland Avenue centerline station 30+18.62;
Thence N 08°24’17” W a distance of 34.00’ along the westerly right-of-way line of said Wheatland Avenue to a point on the northeast corner of said Lot 163 and the southeast corner of said Lot 162, being 20.00’ left of the Wheatland Avenue centerline station 30+52.62 and being the True Point of Beginning;
Thence N 08°24’17” W a distance of 34.00’ continuing along the westerly right-of-way line of said Wheatland Avenue and also being along the east property line of said Lot 162 to a point on the southeast corner of Lot 161 of said Glen View Heights Subdivision and as conveyed to Nicholas Barons in Instrument Number 202211280161373, being 20.00’ left of the Wheatland Avenue centerline station 30+86.62;
Thence leaving the westerly right-of-way line of said Wheatland Avenue and through said Wheatland Avenue right-of-way the following (3) three courses;
1.) N 81°36’07” E a distance of 2.50’ to a point, being 17.50’ left of the Wheatland Avenue centerline station 30+86.62;
2.) S 08°24’17” E a distance of 34.00’ to a point, being 17.50’ left of the Wheatland Avenue centerline station 30+52.62;
3.) S 81°36’07” W a distance of 2.50’ to the True Point of Beginning;
The above described area contains 0.0020 acres of land, more or less, of which the present road occupies 0.0020 acres of land, being part of the present right-of-way of Wheatland Avenue adjoining Franklin County Auditor’s Parcel Number 010-011883.
All references here in are to records in the Recorders Office, Franklin County, Ohio.
Grantor claims title by dedication from Glen View Heights Subdivision recorded in Plat Book 11, Page 4.
The basis of bearings for this description are based Geodetic North of the Ohio State Plane Coordinate System, South zone, NAD83 (2007) as determined from GPS observations utilizing the ODOT RTN with Wheatland Avenue being N 08°24’17” W.
All stations and offsets here in are referenced to the centerline of existing right-of-way of Wheatland Avenue as shown upon the right-of-way plan “Improvements of Wheatland Avenue from W Broad Street to Oakley Avenue “on file with the City of Columbus, Ohio.
This description was prepared under the direction of Charles W. Price Jr., Registered Professional Surveyor, No. 7825.
This description is based on a field survey in November, 2022 prepared under the direct supervision of Michael Jay Wilson, Registered Professional Surveyor, No. 8281.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.