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File #: 1798-2003    Version:
Type: Ordinance Status: Passed
File created: 7/7/2003 In control: Public Service & Transportation Committee
On agenda: 7/28/2003 Final action: 7/22/2003
Title: To authorize the Director of the Public Service Department to execute those documents required to grant encroachment easements into South High Street, South Wall Street, and the 6 foot wide and 8 foot wide alleys running south and west from West State Street to South Wall Street to Town Square Limited Partnership and to declare an emergency.
Attachments: 1. ORD1798-2003LRC1.tif, 2. ORD1798-2003LRC10.tif, 3. ORD1798-2003LRC11.tif, 4. ORD1798-2003LRC12.tif, 5. ORD1798-2003LRC13.tif, 6. ORD1798-2003LRC2.tif, 7. ORD1798-2003LRC3.tif, 8. ORD1798-2003LRC4.tif, 9. ORD1798-2003LRC5.tif, 10. ORD1798-2003LRC6.tif, 11. ORD1798-2003LRC7.tif, 12. ORD1798-2003LRC8.tif, 13. ORD1798-2003LRC9.tif
Explanation
 
The Public Service Department, Transportation Division, recently received a request from Town Square Limited Partnership asking that the City grant them encroachment easements into South High Street, South Wall Street, and the 6 foot wide and 8 foot wide alleys running south and west from West State Street to South Wall Street.  The granting of these easements will allow for redevelopment of those parcels identified as 103-107 South High Street and 109-115 South High Street with a mixture of office and retail development.  After investigation it has been determined there are no objections to the granting of the requested encroachment easements.  The Department of Law, Real Estate Division established a value of $73,140.50 for the requested encroachment easements.  This redevelopment is believed to be the first critical step toward revitalization of the South High Street retail corridor which is seen as a vital component to the establishment of a downtown resident population; therefore, the Land Review Commission voted to recommend that the requested encroachment easements be granted at no charge.
 
Title
 
To authorize the Director of the Public Service Department to execute those documents required to grant encroachment easements into South High Street, South Wall Street, and the 6 foot wide and 8 foot wide alleys running south and west from West State Street to South Wall Street to Town Square Limited Partnership and to declare an emergency.
 
Body
 
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request from Town Square Limited Partnership asking that the City grant them encroachment easements into South High Street, South Wall Street, and the 6 foot wide and 8 foot wide alleys running south and west from West State Street to South Wall Street; and
 
WHEREAS, the granting of these easements will allow for redevelopment of those parcels identified as 103-107 South High Street and 109-115 South High Street with a mixture of office and retail development; and
 
WHEREAS, after investigation it has been determined that there are no objections to the granting of the requested encroachment easements; and
 
WHEREAS, the Department of Law, Real Estate Division established a value of $73,140.50 for the granting of the requested encroachment easements; and
 
WHEREAS, this redevelopment is believed to be the first critical step toward revitalization of the South High Street retail corridor which is seen as a vital component to the establishment of a downtown resident population; and
 
WHEREAS, the Land Review Commission voted to recommend that the requested encroachment easements be granted at no charge and;  now, therefore
 
WHEREAS, an emergency exists in the usual daily operation of the Department of  Public Service and Transportation in that it is immediately necessary to pass this ordinance as an emergency measure because an emergency amendment will permit this project, an adaptive re-use of a historically significant High Street  Structure, to stay on sechedule and on budget for the preservation of 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 Public Service Department be and is hereby authorized to execute quit claim deeds and other incidental instruments prepared by the Department of Law, Real Estate Division, necessary to grant the following described encroachment easements to Town Square Limited Partnership; to-wit:
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 1
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 1.00 foot (north-south) by 2.00 foot (east-west) strip of land within High Street, contiguous with the easterly line of Lot 2 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, the north line of said strip being located 6.83 feet south of the north line of said Lot 2, containing 2 square feet of land and applicable only between elevations 768 and 779, NAVD 88 datum.
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 2
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 1.00 foot (north-south) by 2.00 foot (east-west) strip of land within High Street, contiguous with the easterly line of Lots 2 and 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, the north line of said strip being located 20.67 feet south of the north line of said Lot 2 and the south line of said strip being located 0.92 foot south of the north line of said Lot 3, containing 2 square feet of land and applicable only between elevations 768 and 779, NAVD 88 datum.
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 3
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 1.00 foot (north-south) by 3.00 foot (east-west) strip of land within High Street, contiguous with the easterly line of Lot 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, the south line of said strip being located 10.00 feet north of the south line of said Lot 3, containing 3 square feet of land and applicable only between elevations 768 and 779, NAVD 88 datum.
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 4
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 1.00 foot (north-south) by 3.00 foot (east-west) strip of land within High Street, contiguous with the easterly line of Lot 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, the south line of said strip being located 2.67 feet north of the south line of said Lot 3, containing 3 square feet of land and applicable only between elevations 768 and 779, NAVD 88 datum.
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 5
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 7.00 foot wide by 15.00 foot long strip of land within High Street, parallel to and contiguous with the easterly line of Lot 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, extending from the southerly line of said Lot 3 to a line 5.75 feet south of the northerly line of Lot 3, containing 105 square feet of land and applicable only between elevations 782 and 839, NAVD 88 datum.
 
ABOVE-GRADE BUILDING ENCROACHMENT NO. 6
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in High Street, 100 feet wide, south of State Street and being more particularly described as follows:
      Being a 0.10 foot wide by 62.50 foot long strip of land within High Street, parallel to and contiguous with the easterly line of Lot 262 as delineated upon the plat of the City of Columbus, of record in Deed Book "F", Page 332, Recorder's Office, Franklin County, Ohio, extending from the north line of said Lot 262 to the south line of said Lot 262, containing 6.25 square feet of land and applicable only between elevations 768 and 839, NAVD 88 datum.
 
This description prepared by MoE Companies Survey Group based on field surveys and records of Franklin County and the City of Columbus.
 
AND
 
WALL ST. SUB-GRADE FOUNDATION ENCROACHMENT (South of State Street)
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in Wall Street, 33 feet wide, south of State Street and being more particularly described as follows:
      Being a 2.00 foot wide by 66.50 foot long strip of land within Wall Street, parallel to and contiguous with the westerly line of Lot 262 as delineated upon the plat of the City of Columbus, of record in Deed Book "F", Page 332, Recorder's Office, Franklin County, Ohio, extending from a line 2.00 feet north of the north line of said Lot 262 to a line 2.00 feet south of the south line of said Lot 262, and containing 133 square feet of land.
 
ALLEY SUB-GRADE FOUNDATION ENCROACHMENT (First Alley South of State Street - East of Wall Street)
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in the first un-named alley south of State Street, 6.00 feet wide, east of Wall Street and being more particularly described as follows:
      Being a 2.00 foot wide by 127.00 foot long strip of land within the first un-named alley south of State Street, parallel to and contiguous with the northerly line of Lot 262 as delineated upon the plat of the City of Columbus, of record in Deed Book "F", Page 332, Recorder's Office, Franklin County, Ohio, extending from 2.00 feet west of the westerly line of said Lot 262 to the westerly line Lot 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, and containing 254 square feet of land.
 
ALLEY SUB-GRADE FOUNDATION ENCROACHMENT (First Alley West of High Street - South of State Street)
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being a portion of public right-of-way located in the first un-named alley west of High Street, 8.00 feet wide, south of State Street and being more particularly described as follows:
      Being a 2.00 foot wide by 43.50 foot long strip of land within the first un-named alley west of High Street, parallel to and contiguous with the westerly line of Lots 1, 2 and 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, extending from a line 2.00 feet north of the south line of said Lot 1 to the south line of said Lot 3, being also the northerly line of Lot 262 as delineated upon the plat of the City of Columbus, of record in Deed Book "F", Page 332, Recorder's Office, Franklin County, Ohio, and containing 87 square feet of land.
 
HIGH STREET SUB-GRADE VAULT / FOUNDATION ENCROACHMENT (South of State Street)
 
      Situated in the State of Ohio, County of Franklin, City of Columbus, being portions of public right-of-way located in High Street, 100 feet wide, south of State Street and being more particularly described as follows:
      Being a 9.00 foot wide by 43.50 foot long strip of land within High Street, parallel to and contiguous with the easterly line of Lots 1, 2 and 3 as delineated upon the plat of John F. Barr's Subdivision, of record in Deed Book 11, Page 189, Recorder's Office Franklin County, Ohio, extending from the south line of said Lot 3 to a line 2.00 feet north of the south line of said Lot 1, and containing 391.5 square feet of land.
 
HIGH STREET SUB-GRADE VAULT / FOUNDATION ENCROACHMENT (South of State Street)
 
Being a 20.60 foot wide by 64.50 foot long strip of land within High Street, parallel to and contiguous with the easterly line of Lot 262 as delineated upon the plat of the City of Columbus, of record in Deed Book "F", Page 332, Recorder's Office, Franklin County, Ohio, extending from a line 2.00 feet south of the south line of said Lot 262 to the north line of said Lot 262, and containing 1328.7 square feet of land.
 
The above descriptions prepared by MoE Companies Survey Group based on field surveys and records of Franklin County and the City of Columbus.
 
Section 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
 
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.