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 Shawn and Joan Harker, for metal stairs at 107 N Terrace Avenue Columbus, Ohio 43204 (parcel 010-033380).
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 their metal stairs (0.0001 acres) to remain on City property within existing right-of-way. The existing metal stairs are identified to be encroaching into the right-of-way while reviewing the construction plans for the project. The metal stairs are not impacting any functionality of the right-of-way. Granting the encroachment easements is needed in order for ODOT and the City of Columbus to clear the right-of-way for this project.
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 Shawn and Joan Harker for metal stairs at 107 N Terrace 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 107 N Terrace Avenue Columbus, Ohio 43204; and
WHEREAS, the encroachments include metal stairs encroaching into the right-of-way; 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 Shawn and Joan Harker 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 Shawn and Joan Harker, and attached exhibits; to-wit:
ENCROACHMENT EASEMENT
FOR EXISTING METAL STEPS
0.01 ACRE
Situated in the State of Ohio, Franklin County, City of Columbus, Survey Number 2668, Virginia Military Survey, being in that portion of Grace Street as dedicated to The City of Columbus, Franklin County, Ohio by D.B. Ong’s Et Al. Subdivision as shown and delineated in Plat Book 5, Page 161 and adjoining Lot 16 of Jacob S. Sullivant’s Subdivision as shown and delineated in Plat Book 3, Page 317, being conveyed to Shawn D. Harker and Joan G. Harker in Instrument Number 200011160233123. Being bounded and described as follows:
Commencing at a point at the intersection of the south right-of-way line of Grace Street (40’ wide) and the east right-of-way line of Richardson Avenue (40’ wide), the northwest corner of Lot 23 of said D. B. Ong’s et al. Subdivision and as conveyed to Mary J. Clevenger in Official Record 29536, Page B18, 20.00’ right of station 58+55.60 of the Grace Street centerline of right-of-way, witnessed by a 2” iron pipe found S 56°26’19” W a distance of 0.47’, 20.20’ right of station 58+55.17 of the Grace Street centerline of right-of-way;
Thence N 08°24’42” W a distance of 40.00’, leaving said south right-of-way line of Grace Street, to a point at the intersection of the north right-of-way line of Grace Street and said east right-of-way line of Richardson Avenue, 20.00’ left of station 58+55.60;
Thence N 81°35’18” E a distance of 113.56’, along the north right-of-way line of Grace Street to a point, 20.00’ left of station 59+69.16 of the Grace Street centerline of right-of-way and being the True Point of Beginning;
Thence N 81°35’18” E a distance of 3.60’, continuing along the north right-of-way line of Grace Street to a point, 20.00’ left of station 59+72.76 of the Grace Street centerline of right-of-way;
Thence leaving said north right-of-way line of Grace Street and through said Grace Street right-of-way the following three (3) courses;
1.) S 08°24’42” E a distance of 1.50’, to a point, 18.50’ left of station 59+72.76 of the Grace Street centerline of right-of-way;
2.) S 81°35’18” W a distance of 3.60’, to a point, 28.00’ left of station 59+69.16 of the Grace Street centerline of right-of-way;
3.) N 08°24’42” W a distance of 1.50’, to the True Point of Beginning;
The above described area contains 0.0001 acres of land, more or less, of which the present road occupies 0.0001 acres of land, being part of the present right-of-way of Grace Street Franklin County Auditor’s Parcel Number 010-033380.
All references here in are to records in the Recorders Office, Franklin County, Ohio.
Grantor claims title by dedication from D.B. Ong’s Et Al. Subdivision, recorded in Plat Book 5, Page 161.
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.