Explanation
1. BACKGROUND
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant revocable encroachment easements to Joseph and Cindy Keaton for a cinder block retaining wall at 81 North Harris Avenue, Columbus, Ohio 43204 (parcel 010-007965).
The Department of Public service is engaged in the Operation Safewalks - FRA-SRTS Grace St Sidewalks (3683-E) project. The purpose of the project is to add compliant sidewalks and improve existing curb ramps along Grace Street from Orel Avenue and to the alley west of Roys Avenue and from Hague Avenue to Eureka Avenue. A need for sidewalks along this corridor was identified in the School Travel Plan for Columbus City Schools report and in a safety study completed by the Division of Traffic Management in February 2020.
The City of Columbus, Department of Public Service, received a request that the City grant a Revocable Encroachment Easement to allow a portion of their cinder block retaining wall (0.0053 acres) to remain on City property within existing right-of-way. The existing cinder block retaining wall was identified to be encroaching into the right-of-way while reviewing the construction plans for the project. The cinder block retaining wall is not impacting any functionality of the right-of-way. Granting these encroachment easements is needed in order for ODOT and 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 these encroachment easements for the proposed building into the public rights-of-way.
Ordinance 1658-2020 authorized the Director of Public Service, on behalf of the City of Columbus, to submit applications to and execute grant agreements with the Ohio Department of Transportation (ODOT) for Highway Safety Improvement Program funds for the Operation Safewalks - FRA-SRTS Grace St Sidewalks (3683-E) project.
2. FISCAL IMPACT
There is no fiscal impact to grant this Revocable Encroachment Easement.
3. EMERGENCY DESIGNATION
Emergency action is requested in order to complete needed right of way transfers to meet the requirements of the start date for the Ohio Department of Transportation funding award to avoid penalty and to ensure the safety of the traveling public.
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 Joseph and Cindy Keaton for a cinder block retaining wall at 81 North Harris Avenue, Columbus, Ohio 43204; and to declare an emergency. ($0.00)
Body
WHEREAS, a Revocable Encroachment Easement in the public rights-of-way was requested by the owner of the property located at 81 North Harris Avenue, Columbus, Ohio 43204; and
WHEREAS, the encroachments include existing cinder block retaining wall; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Service in that it is immediately necessary to authorize the Director of Public Service to execute those documents necessary to grant encroachment easements to Joseph and Cindy Keaton in order to prevent unnecessary delay to development on the Servient Estate, to ensure the safety of the traveling public thereby preserving the public health, peace, property, safety, and welfare; 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 necessary to grant the following described encroachment easements to Joseph and Cindy Keaton, and attached exhibits; to-wit:
ENCROACHMENT EASEMENT
FOR EXISTING WALL
0.0053 ACRE
Situated in the State of Ohio, Franklin County, City of Columbus, Survey Number 2668, Virginia Military Survey, being in that portion of Harris Avenue as dedicated to The City of Columbus, Franklin County, Ohio by Vansickles Subdivision as shown and delineated in Plat Book 5, Page 429 and adjoining Lot 15 of said Vansickles Subdivision, being conveyed to Joseph Robert Keaton and Cindy Ellen Keaton in Instrument Number 201704200053468. Being bounded and described as follows:
Commencing at a ¾” inch iron pipe found at the intersection of the south right-of-way line of Grace Street (40’ wide) and the west right-of-way line of an unnamed alley (15’ wide) east of Hague Avenue, said point being the northeast corner of Lot 269 of Hilltop Addition as shown and delineated in Plat Book 10, Page 132 as conveyed to Board of Education of the Columbus City School District in Deed Book 672, Page 387 (see Instrument Number 200603290058642), being 20.00’ right of station 44+93.75 of the Grace Street centerline of right-of-way;
Thence N 81°37’11” E a distance of 15.00’ leaving the northeast corner of said Lot 269 and crossing said unnamed alley to a point at the intersection of the south right-of-way line of Grace Street and the east right-of-way line of said unnamed alley, at the northwest corner of said Lot Number 15, 20.00’ right of station 45+08.75 of the Grace Street centerline of right-of-way;
Thence N 81°37’11” E a distance of 103.42’, along the south right-of-way line of Grace Street, to a point at the northeast corner of said Lot Number 15 and being the west right-of-way line of Harris Avenue (50’ wide), said point also being 20.00 feet right of station 46+12.17 of the Grace Street centerline of right-of-way and being the True Point of Beginning;
Thence leaving the west right-of-way line of said Harris Avenue and through said Harris Avenue right-of-way the following (3) three courses;
1.) N 81°37’11” E a distance of 6.00’ to a point, 20.00’ right of station 46+18.17 of the Grace Street centerline of right-of-way;
2.) S 08°54’22” E a distance of 38.50’ to a point, 58.50’ right of station 46+18.53 of the Grace Street centerline of right-of-way;
3.) S 81°37’10” W a distance of 6.00’ to a point on the west right-of-way line of said Harris Avenue, being 58.50’ right of station 46+12.53 of the Grace Street centerline of right-of-way;
Thence N 08°54’22” W a distance of 38.50’, along the west right-of-way line of said Harris Avenue to the True Point of Beginning.
The above described area contains 0.0053 acres of land, more or less, of which the present road occupies 0.0053 acres of land, being part of the present right-of-way of Harris Avenue adjoining Franklin County Auditor’s Parcel Number 010-007965.
All references here in are to records in the Recorders Office, Franklin County, Ohio.
Grantor claims title by dedication from Vansickles Subdivision recorded in Plat Book 5, Page 429.
The basis of bearings for this description are based on Ohio State Plane Coordinates, South Zone, NAD 83 with 2011 NSRS adjustment with the centerline of Grace Street between Hague Avenue and the Alley west of Harris Avenue being N 81°37’11” E.
All stations and offsets here in are referenced to the centerline of existing right-of-way of Grace Street as shown upon the right-of-way plan no. 3683-E “FRA-SRTS Grace St Sidewalks” 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 2021 prepared under the direct supervision of Daniel L. Quick, Registered Professional Surveyor, No. 7803.
SECTION 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.