Explanation
1. Background
The City’s Department of Public Service (“DPS”) received a request from Scioto Peninsula 1B FC LLC, asking that the City allow certain balconies and foundations to extend into the public right-of-way as part of the Scioto Peninsula Phase 2 Redevelopment Project. These items will extend into Starling Street, Rush Alley, and Capital Street. This project is located around a property identified as Franklin County Tax Parcel 010-300601 (“Parcel”). This project is a new seven story mixed use building on the north side of Rush Alley (“Project”). These encroachments are located within the documents as described below and within the attached exhibits.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary to grant these encroachments to the Scioto Peninsula 1B FC LLC., a Flaherty and Collins holding company or an affiliated entity, provided the grantee of the encroachment has obtained fee title to the Parcel. The Department of Public Service supports allowing these elements to extend into the public right-of-way to allow the architectural design of the building to fit within the Parcel. A value of $500.00 for the encroachment easements was established.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project 537650, for granting the requested encroachments.
Emergency Justification
Emergency action is requested to allow the necessary property closings to occur within the next few weeks and construction will start soon after on this Parcel. This will allow the redevelopment of this Parcel, which is part of the Scioto Peninsula Phase 2 Project, to begin construction as soon as possible.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant encroachments to Scioto Peninsula 1B FC LLC or an affiliated entity in connection the Scioto Peninsula Phase 2 Redevelopment Project, and to declare an emergency. ($0.00)
Body
WHEREAS, the Department of Public Service (“DPS”) received a request from Scioto Peninsula 1B FC LLC, asking that the City allow certain balconies and foundations to extend into the public right-of-way of Starling Street, Rush Alley, and Capital Street; and
WHEREAS, this Project is located around a property identified as Franklin County Tax Parcel 010-300601 (“Parcel ”) and includes the construction of a new seven story mixed use building on the north side of Rush Alley; and
WHEREAS, DPS supports the Project as part of the larger Scioto Peninsula Phase 2 Redevelopment Project; and
WHEREAS, a value of $500.00 for the encroachment easements was established to be deposited into Fund 7748, Project P537650; and
WHEREAS, an emergency exists in the usual business of the Department of Public Service in that it is immediately necessary to authorize the Director to execute those documents necessary to grant these encroachments into public right of way in order to meet the closing deadlines on the Parcel as part of the Scioto Peninsula Phase 2 Project, for the immediate preservation of the public health, peace, property, and safety; 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 these encroachments into public right of way to the Scioto Peninsula 1B FC LLC, a Flaherty and Collins holding company, or an affiliated entity; to-wit:
3 Dimensional Encroachment Easement
DESCRIPTION OF A 42.49 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 738.14’ TO 796.14’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for said Starling Street and the existing north right-of-way line for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, being the southwest corner of said Lot 3; Thence North 08 degrees 10 minutes 50 seconds West, along the existing east right-of-way line for said Starling Street, along the west line of said Lot 3, a distance of 49.39 feet to the TRUE POINT OF BEGINNING for this description;
Thence across the right-of-way for said Starling Street for the following three (3) described courses:
1. South 81 degrees 49 minutes 10 seconds West, a distance of 3.75 feet to a point;
2. North 08 degrees 10 minutes 50 seconds West, a distance of 11.33 feet to a point;
3. North 81 degrees 49 minutes 10 seconds East, a distance of 3.75 feet to a point on the existing east right-of-way line for said Starling Street, being on the west line of said Lot 3;
Thence South 08 degrees 10 minutes 50 seconds East, along the existing east right-of-way line for said Starling Street, along the west line of said Lot 3, a distance of 11.33 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 42.49 square feet all of which are located within the dedicated right-of-way for said Starling Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 738.14 feet (being 27.00 feet above existing grade) and elevation 796.14 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 50.08 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 737.10’ TO 795.10’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing north right-of-way line for said Rush Alley, being the southwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing north right-of-way line of said Rush Alley, along the south line of said Lot 3, a distance of 3.42 feet to the TRUE POINT OF BEGINNING for this description; Thence North 81 degrees 49 minutes 49 seconds East, continuing along the existing north right-of-way line of said Rush Alley, continuing along the south line of said Lot 3, a distance of 11.33 feet to a point;
Thence across the right-of-way for said Rush Alley for the following three (3) described courses:
1. South 08 degrees 10 minutes 11 seconds East, a distance of 4.42 feet to a point;
2. South 81 degrees 49 minutes 49 seconds West, a distance of 11.33 feet to a point;
3. North 08 degrees 10 minutes 11 seconds West, a distance of 4.42 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 50.08 square feet, all of which are located within the dedicated right-of-way for said Rush Alley and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 737.10 feet (being 27.00 feet above existing grade) and elevation 795.10 feet.
Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 50.08 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 736.30’ TO 794.30’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said lot being subject to 99 year lease to Scioto Peninsula 1B FC LLC from City of Columbus, Ohio, of record in Instrument Number 201707200099614 and Instrument Number 202001090003812, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing north right-of-way line for said Rush Alley, being the southwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing north right-of-way line of said Rush Alley, along the south line of said Lot 3, a distance of 37.69 feet to the TRUE POINT OF BEGINNING for this description; Thence North 81 degrees 49 minutes 49 seconds East, continuing along the existing north right-of-way line of said Rush Alley, continuing along the south line of said Lot 3, a distance of 11.33 feet to a point;
Thence across the right-of-way for said Rush Alley for the following three (3) described courses:
1. South 08 degrees 10 minutes 11 seconds East, a distance of 4.42 feet to a point;
2. South 81 degrees 49 minutes 49 seconds West, a distance of 11.33 feet to a point;
3. North 08 degrees 10 minutes 11 seconds West, a distance of 4.42 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 50.08 square feet, all of which are located within the dedicated right-of-way for said Rush Alley and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 736.30 feet (being 27.00 feet above existing grade) and elevation 794.30 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 50.08 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 735.64’ TO 793.64’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing north right-of-way line for said Rush Alley, being the southwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing north right-of-way line of said Rush Alley, along the south line of said Lot 3, a distance of 58.69 feet to the TRUE POINT OF BEGINNING for this description; Thence North 81 degrees 49 minutes 49 seconds East, continuing along the existing north right-of-way line of said Rush Alley, continuing along the south line of said Lot 3, a distance of 11.33 feet to a point;
Thence across the right-of-way for said Rush Alley for the following three (3) described courses:
1. South 08 degrees 10 minutes 11 seconds East, a distance of 4.42 feet to a point;
2. South 81 degrees 49 minutes 49 seconds West, a distance of 11.33 feet to a point;
3. North 08 degrees 10 minutes 11 seconds West, a distance of 4.42 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 50.08 square feet, all of which are located within the dedicated right-of-way for said Rush Alley and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 735.64 feet (being 27.00 feet above existing grade) and elevation 793.64 feet.
Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 37.73 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 735.64’ TO 793.64’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing north right-of-way line for said Rush Alley, being the southwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing north right-of-way line of said Rush Alley, along the south line of said Lot 3, a distance of 84.69 feet to the TRUE POINT OF BEGINNING for this description; Thence North 81 degrees 49 minutes 49 seconds East, continuing along the existing north right-of-way line of said Rush Alley, continuing along the south line of said Lot 3, a distance of 11.33 feet to a point;
Thence across the right-of-way for said Rush Alley for the following three (3) described courses:
1. South 08 degrees 10 minutes 11 seconds East, a distance of 3.33 feet to a point;
2. South 81 degrees 49 minutes 49 seconds West, a distance of 11.33 feet to a point;
3. North 08 degrees 10 minutes 11 seconds West, a distance of 3.33 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 37.73 square feet, all of which are located within the dedicated right-of-way for said Rush Alley and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 735.64 feet (being 27.00 feet above existing grade) and elevation 793.64 feet.
Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 51.89 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 738.14’ TO 796.14’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Capital Street (34-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Capital Street, being the northwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing south right-of-way line for said Capital Street, along the north line of said Lot 3, a distance of 3.33 feet to the TRUE POINT OF BEGINNING for this description;
Thence across the right-of-way for said Capital Street for the following three (3) described courses:
1. North 08 degrees 10 minutes 11 seconds West, a distance of 4.58 feet to a point;
2. North 81 degrees 49 minutes 49 seconds East, a distance of 11.33 feet to a point;
3. South 08 degrees 10 minutes 11 seconds East, a distance of 4.58 feet to a point on the existing south right-of-way line for said Capital Street, being on the north line of said Lot 3;
Thence South 81 degrees 49 minutes 49 seconds West, along the existing south right-of-way line for said Capital Street, along on the north line of said Lot 3, a distance of 11.33 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 51.89 square feet all of which are located within the dedicated right-of-way for said Capital Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 738.14 feet (being 27.00 feet above existing grade) and elevation 796.14 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 51.89 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 738.14’ TO 796.14’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Capital Street (34-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Capital Street, being the northwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing south right-of-way line for said Capital Street, along the north line of said Lot 3, a distance of 37.60 feet to the TRUE POINT OF BEGINNING for this description;
Thence across the right-of-way for said Capital Street for the following three (3) described courses:
1. North 08 degrees 10 minutes 11 seconds West, a distance of 4.58 feet to a point;
2. North 81 degrees 49 minutes 49 seconds East, a distance of 11.33 feet to a point;
3. South 08 degrees 10 minutes 11 seconds East, a distance of 4.58 feet to a point on the existing south right-of-way line for said Capital Street, being on the north line of said Lot 3;
Thence South 81 degrees 49 minutes 49 seconds West, along the existing south right-of-way line for said Capital Street, along on the north line of said Lot 3, a distance of 11.33 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 51.89 square feet all of which are located within the dedicated right-of-way for said Capital Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 738.14 feet (being 27.00 feet above existing grade) and elevation 796.14 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 51.89 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 737.31’ TO 795.31’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Capital Street (34-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Capital Street, being the northwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing south right-of-way line for said Capital Street, along the north line of said Lot 3, a distance of 58.60 feet to the TRUE POINT OF BEGINNING for this description;
Thence across the right-of-way for said Capital Street for the following three (3) described courses:
1. North 08 degrees 10 minutes 11 seconds West, a distance of 4.58 feet to a point;
2. North 81 degrees 49 minutes 49 seconds East, a distance of 11.33 feet to a point;
3. South 08 degrees 10 minutes 11 seconds East, a distance of 4.58 feet to a point on the existing south right-of-way line for said Capital Street, being on the north line of said Lot 3;
Thence South 81 degrees 49 minutes 49 seconds West, along the existing south right-of-way line for said Capital Street, along on the north line of said Lot 3, a distance of 11.33 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 51.89 square feet all of which are located within the dedicated right-of-way for said Capital Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 737.31 feet (being 27.00 feet above existing grade) and elevation 795.31 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Encroachment Easement
DESCRIPTION OF A 51.89 SQUARE FEET AERIAL ENCROACHMENT EASEMENT
BETWEEN 737.31’ TO 795.31’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Capital Street (34-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: Commencing for reference at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Capital Street, being the northwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing south right-of-way line for said Capital Street, along the north line of said Lot 3, a distance of 84.60 feet to the TRUE POINT OF BEGINNING for this description;
Thence across the right-of-way for said Capital Street for the following three (3) described courses:
1. North 08 degrees 10 minutes 11 seconds West, a distance of 4.58 feet to a point;
2. North 81 degrees 49 minutes 49 seconds East, a distance of 11.33 feet to a point;
3. South 08 degrees 10 minutes 11 seconds East, a distance of 4.58 feet to a point on the existing south right-of-way line for said Capital Street, being on the north line of said Lot 3;
Thence South 81 degrees 49 minutes 49 seconds West, along the existing south right-of-way line for said Capital Street, along on the north line of said Lot 3, a distance of 11.33 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 51.89 square feet all of which are located within the dedicated right-of-way for said Capital Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 58-foot vertical space existing between elevation 737.31 feet (being 27.00 feet above existing grade) and elevation 795.31 feet. Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Footer Encroachment Easement
DESCRIPTION OF A 0.008 ACRE (329.88 SQUARE FEET)
BETWEEN 708.98’ TO 705.98’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Rush Alley (66-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: BEGINNING at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) ) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Rush Alley, being the southwest corner of said Lot 3; Thence North 81 degrees 49 minutes 49 seconds East, along the existing north right-of-way line for said Rush Alley, along the south line of said Lot 3, a distance of 125.43 feet to a point being the southeast corner of said Lot 3, being the southwest corner of that Reserve A as delineated in said Scioto Peninsula Subdivision, said Reserve A being described in a deed to Scioto Peninsula New Community Authority, of record in Instrument Number 202009020130524; Thence across the right-of-way for said Rush Alley for the following three (3) described courses:
1. South 08 degrees 10 minutes 11 seconds East, a distance of 2.63 feet to a point;
2. South 81 degrees 49 minutes 49 seconds West, a distance of 125.43 feet to a point;
3. North 08 degrees 10 minutes 11 seconds West, a distance of 2.63 feet to the POINT OF BEGINNING for this description.
The above description contains a total area of 0.008 acres (329.88 square feet) all of which are located within the dedicated right-of-way for said Rush Alley and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 3-foot vertical space existing between elevation 708.98 feet and elevation 705.98 feet (being 3.00 feet below finished grade elevation). Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
3 Dimensional Footer Encroachment Easement
DESCRIPTION OF A 0.006 ACRE (260.96 SQUARE FEET)
BETWEEN 710.35’ TO 707.35’ ELEVATION (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 1393 and being within the existing right-of-way for Capital Street (34-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, adjacent to Lot 3 of Scioto Peninsula Subdivision, of record in Plat Book 127, Page 91, said Lot 3 being described in a deed to City of Columbus, Ohio, of record in Instrument Number 199911050279096 and being subject to a 99 year lease agreement to Scioto Peninsula Holdings, LTD., of record in Instrument Number 201707200099614, Instrument Number 202001090003812, and Instrument Number 202000116007289, future lessee being to Scioto Peninsula 1B FC LLC, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being more further bounded and described as follows: BEGINNING at the intersection for the existing east right-of-way line for Starling Street (50-foot R/W width) as delineated in Plat Book 1, Page 268, and Plat Book 127, Page 91, and the existing south right-of-way line for said Capital Street, being the northwest corner of said Lot 3; Thence across the right-of-way for said Capital Street for the following three (3) described courses:
1. North 08 degrees 10 minutes 11 seconds West, a distance of 2.08 feet to a point;
2. North 81 degrees 49 minutes 49 seconds East, a distance of 125.46 feet to a point;
3. South 08 degrees 10 minutes 11 seconds East, a distance of 2.08 feet to a point on the existing south right-of-way line for said Capital Street, being the northeast corner of said Lot 3, being the northwest corner of that Reserve A as delineated in said Scioto Peninsula Subdivision, said Reserve A being described in a deed to Scioto Peninsula New Community Authority, of record in Instrument Number 202009020130524;
Thence South 81 degrees 49 minutes 49 seconds West, along the existing south right-of-way line for said Capital Street, along the north line of said Lot 3, a distance of 125.46 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 0.006 acres (260.96 square feet) all of which are located within the dedicated right-of-way for said Capital Street and adjacent to Franklin County Auditor’s parcel number 010-300601. This easement is further constrained to the 3-foot vertical space existing between elevation 710.35 feet and elevation 707.35 feet (being 3.00 feet below finished grade elevation). Bearings described hereon are based on North 08 degrees 10 minutes 50 seconds West for the existing centerline of right-of-way for Starling Street, measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and an NGS OPUS solution. Elevations are referenced to the North American Vertical Datum of 1988, as established utilizing a level circuit originating on Franklin County Engineer “Discovery” Benchmark (Elevation: 730.50 feet). This description was prepared by Brian P. Bingham, Registered Professional Surveyor Number 8438, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief.
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 easements, to be deposited into Fund 7748, Project P537650.
Section 4. 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.