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File #: 3040-2024    Version: 1
Type: Ordinance Status: Passed
File created: 10/30/2024 In control: Public Service & Transportation Committee
On agenda: 11/25/2024 Final action: 11/27/2024
Title: To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment easement to 700 & High LLC for a canopy along the east side of North High Street and legally allow it to extend into the public rights-of-way. ($0.00)
Attachments: 1. Ord. 3040-2024 Exhibit

Explanation

 

1.                     Background

The City of Columbus, Department of Public Service, received a request from the Wood Operating Company LLC on behalf of the owner of the site, 700 & High LLC, asking that the City allow a canopy to encroach into the public right-of-way.

 

This encroachment consists of one canopy along the east side of North High Street, south of East Lincoln Street and parallel to parcel 010-035156. The project is located at the southeast corner of North High Street and East Lincoln Street. This project consist of a remodel of the existing building of a two (2) story building, restaurant and/or retail space. This encroachment is located within the right-of-way as indicated above and the easement is described below and within the attached exhibit.

 

The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant this encroachment and legally allow it to extend into the public rights-of-way. Allowing this element into the public right-of-way will allow for the building to fit into the architectural desire. A value of $500.00 for the encroachment easement was established.

 

2.                     Fiscal Impact

The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the requested encroachment.

 

Title

To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment easement to 700 & High LLC for a canopy along the east side of North High Street and legally allow it to extend into the public rights-of-way. ($0.00)

 

Body

WHEREAS, the City of Columbus, Department of Public Service, received a request from the Wood Operating Company LLC on behalf of the owner of the site, 700 & High LLC, asking that the City allow a canopy to encroach into the public right-of-way. This encroachment consist of one canopy along the east side of North High Street, south of East Lincoln Street and parallel to parcel 010-035156. The project is located at the southeast corner of North High Street and East Lincoln Street; and

 

WHEREAS, this project consist of a remodel of the existing building of a two (2) story building, restaurant and/or retail space. This encroachment is located within the right-of-way as indicated above and the easement is described below and within the attached exhibit; and

 

WHEREAS, the following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant this encroachment and legally allow it to extend into the public rights-of-way. Allowing this element into the public right-of-way will allow for the building to fit into the architectural desire; and

 

WHEREAS, a value of $500.00 for the encroachment easements was established; 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 this encroachment and legally allow it to extend into the public rights-of-way. Allowing this element into the public right-of-way will allow for the building to fit into the architectural desire; to-wit:

 

 

3 Dimensional Encroachment Easement

FROM ELEVATION 763.50' TO 767.00' (NAVD 88)

 

Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of lot fourteen (14) of W. A. Gill's First Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 1, Page 209 and also being part of a 10-foot-wide strip of land as conveyed to The City of Columbus, Ohio by deed of record in Deed Book 629, Page 458 of the Recorder's Office, Franklin County, Ohio and being further described as follows:

 

Commencing at the northwesterly corner of lot 14 and the northwesterly corner of said 10-foot-wide strip of land, said point also being along the existing southerly right of way of Lincoln Street (50' Wide) projected;

 

Thence along the northerly line of lot 14, the northerly line of said 10-foot-wide strip of land, and the existing southerly right of way of Lincoln Street projected, N 81° 40' 42" East for a distance of 10.00 feet to a point at the intersection of the existing southerly right of way of Lincoln Street with the existing easterly right of way of High Street (76' Wide); said point also being the northeasterly corner of said 10-foot-wide strip of land and the northwesterly corner of a certain tract of land as conveyed to 700 & High, LLC by deed of record in Instrument 201207240106019;

 

Thence along the existing easterly right of way of High Street, the easterly line of said 10-foot-wide strip of land, the westerly line of said 700 & High, LLC tract, and across lot 14, South 08° 19' 18" East for a distance of 19.96 feet to the True Point of Beginning;

 

Thence continuing along the existing easterly right of way of High Street, the easterly line of said 10-foot-wide strip of land, the westerly line of said 700 & High, LLC tract, and across said lot 14, South 08° 19' 18" East for a distance of 11.00 feet to a point, between elevations 763.50' and 767.00';

 

Thence across lot 14 and said 10-foot-strip of land for the following three (3) courses:

 

South 81° 40' 42" West for a distance of 3.00 feet to a point, between elevations 763.50' and 767.00';

North 08° 19' 18" West for a distance of 11.00 feet to a point, between elevations 763.50' and 767.00';

North 81° 40' 42" East for a distance of 3.00 feet to the True Point of Beginning, between elevations 763.50' and 767.00', and containing 0.0008 acres (33.000 sq. ft.), more or less, and subject to all other legal easements and rights of way.

 

The above-described area shall encompass the metal overhead awning (including brackets and hardware) located above the westerly entrance to the building situated at 700 N High Street. The vertical limits are specifically identified as being from elevation 763.50' to 767.00'. The existing sidewalk elevation adjacent to the building is 754.40'±.

Bearings are based on the existing easterly right of way of High Street being N 08° 19' 18" W as referenced to State Plane Grid Coordinates, Ohio South Zone NAD83 with 2011 NSRS Adjustment.

Elevations are based on North American Vertical Datum of 1988 (NAVD 88). Source Benchmark is Franklin County Survey Control Designation "RETTKE", having an elevation of 722.45 '.

This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor No. 8906 from an actual field survey performed in October of 2024 by Korda/Nemeth Engineering, Inc.

 

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 to be deposited in Fund 7748, Project P537650, for granting the requested easement.

 

SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.