Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from the owner of the site, Diehl Development Partnership LLC, asking that the City allow a canopy to encroach into the public right-of-way. This encroachment consists of one canopy along the north side of East Long Street, west of Hamilton Avenue and parallel to parcel 010-001222. The project is located at the northwest corner of East Long Street and Hamilton Avenue. This project consists of a new 89-unit residential mixed-use building. This encroachment is located within the right-of-way as indicated above and the easement is described below and within the attached exhibit.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant this encroachment and legally allow the canopy to extend into the public rights-of-way. Allowing this element into the public right-of-way will allow for the building to fit into the architectural desire. A value of $500.00 for the encroachment easement was established.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the requested encroachment.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment located at the northwest corner of East Long Street and Hamilton Avenue to Diehl Development Partnership LLC, and legally allow it to extend into the public rights-of-way. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from the owner of the site, Diehl Development Partnership LLC, asking that the City allow a canopy to encroach into the public right-of-way. This encroachment consists of one canopy along the north side of East Long Street, west of Hamilton Avenue and parallel to parcel 010-001222. The project is located at the northwest corner of East Long Street and Hamilton Avenue; and
WHEREAS, this project consist of a new 89-unit residential mixed-use building. This encroachment is located within the right-of-way as indicated above and the easement is described below and within the attached exhibit; and
WHEREAS, a value of $500.00 was established for the encroachment easement to be deposited into fund 7748, Project P537650; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Service is hereby authorized to execute those documents necessary for the City to grant this encroachment and legally allow it to extend into the public rights-of-way site owner, Diehl Development Partnership LLC, and attached exhibits; to-wit:
3 Dimensional Encroachment Easement
0.002 ACRE VERTICAL ENCROACHMENT EASEMENT
FROM 812.00’ (NAVD 88) TO 816.13’ (NAVD 88)
Situated in the State of Ohio, County of Franklin, in the City of Columbus, and being in Half-Section 12, Section 9, Township 5, Range 22, Refugee Lands, being part of the right-of-way of Long Street (75 foot width) as delineated in the East Park Place Addition to the City of Columbus of record in Plat Book 2, Page 61, all records being of the Recorder’s Office, Franklin County, Ohio, and being more particularly described as follows: This description has a vertical component. The intent of this description is to include an area from an elevation three inches below the bottom of a building overhang up to an elevation three inches above the building overhang. The bottom of the area is 812.00 feet (NAVD88) and the top is 816.13 feet (NAVD 88). The elevations given go along with the horizontal metes and bounds described below, creating an extruded block of air-space. COMMENCING at the intersection of the westerly right-of-way line of Hamilton Avenue (width varies) and the northerly right-of-way line of said Long Street, at the southeasterly corner of the remainder of Lots 124 through 126 (inclusive) as conveyed to DIEHL DEVELOPMENT PARTNERSHIP LLC in Instrument Number 202309050090685, and at the southwesterly corner of a 0.005 acre tract conveyed to the CITY OF COLUMBUS, OHIO in Instrument Number 202308310089840; Thence along the northerly right-of-way line of said Long Street, the southerly line of said Lot 124, the southerly line of said Lot 125, and the southerly line of said Lot 126, South 81°35’22” West, 93.30 feet to the TRUE POINT OF BEGINNING; Thence leaving said northerly right-of-way line and across the right-of-way of said Long Street for the following three (3) courses:
1) South 08°24’38” East, 3.23 feet to a point, being from elevation 812.00 (NAVD88) to 816.13 (NAVD88);
2) South 81°35’22” West, 22.50 feet to a point, being from elevation 812.00 (NAVD88) to 816.13 (NAVD88);
3) North 08°24’38” West, 3.23 feet to a point on the southerly line of said Lot 126 and the northerly right-of-way line of said Long Street, being from elevation 812.00 (NAVD88) to 816.13 (NAVD88);
Thence continuing along said northerly right-of-way line and the southerly line of said Lot 126, North 81°35’22” East, 22.50 feet to the TRUE POINT OF BEGINNING¸ being from elevation 812.00 (NAVD88) to 816.13 (NAVD88), containing 0.002 acres (73 S.F.), more or less. The bearings referenced herein are assumed based on a portion of the centerline of Hamilton Avenue bearing North 08°24'24" West and are for angular measurements only. Elevations are based on North American Vertical Datum of 1988 (NAVD 88). Source Benchmark is Franklin County Survey Control Designation “8”, having an elevation of 798.194. This description was prepared by Matthew Lee Sloat on February 4, 2025, Ohio Registered Professional Surveyor 8342 and is based on field surveys conducted by E.P. Ferris and Associates, Inc. in July 2023 under the direct supervision of Matthew Lee Sloat, Ohio Registered Professional Surveyor 8342.
Section 2. That the City Attorney is required to approve all instrument(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those instrument(s)
SECTION 3. That the City will receive a total of $500.00 for granting the encroachment easement, to be deposited into Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.