Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Matt E. Earley asking that the City allow for a foundation and retaining wall to remain within the public right-of-way. During the construction phase of a retaining wall it was discovered the foundation and retaining wall within the project encroached into the public rights-of-way. This project is located at 128 Crestview Road. The retaining wall will protrude above the existing grade approximately 30 inches. The encroachment includes a one foot area along the north right-of-way line of Crestview Road and a two foot area along the west right-of-way line of Findley Avenue. The wall is currently under construction and in the final stages of completion. The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment easement to legally allow a retaining wall and foundation within the public rights-of-way needed for this project. Installation of the retaining wall will retain the ground from eroding into the public right-of-way. A value of $500.00 was established for this encroachment easement.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, for granting the requested encroachment easement.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment easement, legalizing a retaining wall and foundation within the public rights-of-way needed for this project.
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Matt E. Earley, asking that the City allow for a foundation and retaining wall to remain within the public right-of-way; and
WHEREAS, the retaining wall will protrude above the existing grade approximately 30 inches. The encroachment includes a one foot area along the north right-of-way line of Crestview Road and a two foot area along the west right-of-way line of Findley Avenue. The wall is currently under construction and in the final stages of completion; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment easement to legally allow a retaining wall and foundation within the public rights-of-way needed for this project. Installation of the retaining wall will retain the ground from eroding into the public right-of-way; and
WHEREAS, a value of $500.00 was established for this encroachment easement; 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-wit:
Foundation and Wall Approximately 2' along Findley Ave., and 1' along Crestview Rd.
Situated in the State of Ohio, County of Franklin, City of Columbus, adjacent to Lots Number 650 and Number of 651 of Crestview Addition as recorded in Plat Book 8, Pages 11A-11B in the Public Right of Way of East Crestview Road and Findley Avenue (all references refer to records in the Franklin County Recorder's Office, Ohio) and more fully described as follows:
Beginning at the Southeast corner of Lot Number 650 at the intersections of the West right of way of Findley Avenue and the North right of way of East Crestview Road being the Point of Beginning;
Thence North 0°00'00" East a distance of 112.50 feet, along the Easterly line of said Lot 650 and the Westerly right of way of said Findley Avenue, to a point at the Northeast corner of said Lot 650;
Thence North 90°00'00" East a distance of 2.00 feet to a point in the right of way of said Findley Avenue;
Thence South 0°00'00" East a distance of 113 .50 feet to a point in the right of way of said East Crestview Road;
Thence North 90°00'00" West a distance of 52.00 feet to a point in the right of way of said East Crestview Road;
Thence North 0°00'00" East a distance of 1.00 feet to a point at the Southwest comer of said Lot Number 6510n the Northerly right of way of said East Crestview Road;
Thence South 90°00'00" East a distance of 50.00 feet, along the Southerly lines of Lots Number 651 and Number 650 and the North right of way of said East Crestview Road, to the Point of Beginning containing 0.006 acres more or less.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.