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File #: 0036-2004    Version: 1
Type: Ordinance Status: Passed
File created: 12/29/2003 In control: Public Service & Transportation Committee
On agenda: 1/26/2004 Final action: 1/28/2004
Title: To authorize the Director of the Public Service Department to execute those documents required to grant encroachment easements into East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue to 4MX Partners, LLC.
Explanation
 
The Public Service Department, Transportation Division, recently received a request from 4MX Partners, LLC, asking that the City grant underground foundation encroachment easements into East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue for a medical office building at 500 East Main Street.  After investigation it has been determined that the granting of the requested encroachment easements will not adversely affect the City's continued use of the East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue right-of-way and that the requested encroachment easements should be granted.  A value of $2,688.32 was established for the granting of these encroachment easements, however, Land Review Commission voted to recommend the necessary encroachment easements be granted at no charge.  The mitigating circumstances cited were the commitment of almost 7 million dollars for construction of the new medical facility; the dramatic increase in real estate taxes to be paid on the property; and the creation of additional jobs in the City.
 
Title
 
To authorize the Director of the Public Service Department to execute those documents required to grant encroachment easements into East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue to 4MX Partners, LLC.
 
Body
 
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request from 4MX Partners, LLC, asking that the City grant underground foundation encroachment easements into East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue for a medical office building at 500 East Main Street; and
 
WHEREAS, after investigation it has been determined that the granting of the requested encroachment easements will not adversely affect the City's continued use of the East Main Street, Washington Avenue, Cherry Street and the alley west of Washington Avenue right-of-way; 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 those documents necessary to grant the following described encroachment easements to 4MX Partners, LLC; to-wit:
 
8.44 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of Cherry Street, and being described as follows:
Beginning, for reference, at the intersection of the westerly right-of-way of Washington Avenue with the southerly right-of-way of Cherry Street;
Thence South 90°00'00" West, with said southerly right-of-way line, a distance of 49.72 feet to the True Point of Beginning for the strip herein intended to be described;
Thence South 90°00'00" West, continuing with said southerly right-of-way line, a distance of 5.40 feet to a point;
Thence crossing said Cherry Street right-of-way, the following courses and distances:
North 00°03'00" East, a distance of 1.56 feet to a point;
South 89°57'00" East, a distance of 5.40 feet to a point; and
South 00°03'00" West, a distance of 1.56 feet to the True Point of Beginning, and containing 8.44 square feet, more or less.
 
8.21 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of Cherry Street, and being described as follows:
Beginning, for reference, at the intersection of the westerly right-of-way of Washington Avenue with the southerly right-of-way of Cherry Street;
Thence South 90°00'00" West, with said southerly right-of-way line, a distance of 1.38 feet to the True Point of Beginning for the strip herein intended to be described;
Thence South 90°00'00" West, continuing with said southerly right-of-way line, a distance of 5.40 feet to a point;
Thence crossing said Cherry Street right-of-way, the following courses and distances:
North 00°03'00" East, a distance of 1.52 feet to a point;
South 89°57'00" East, a distance of 5.40 feet to a point; and
South 00°03'00" West, a distance of 1.52 feet to the True Point of Beginning, and containing 8.21 square feet, more or less.
 
7.78 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of Main Street, and being described as follows:
Beginning, for reference, at the intersection of the northerly right-of-way of Main Street with the westerly right-of-way of Washington Avenue;
Thence South 90°00'00" West, with said northerly right-of-way line, a distance of 32.55 feet to the True Point of Beginning for the strip herein intended to be described;
Thence across said Main Street right-of-way, the following courses and distances:
South 00°03'00" West, a distance of 0.69 feet to a point;
North 89°57'00" West, a distance of 11.40 feet to a point; and
North 00°03'00" East, a distance of 0.69 feet to a point in the northerly right-of-way of said Main Street;
Thence North 90°00'00" East, with said right-of-way line, a distance of 11.40 feet to the True Point of Beginning, and containing 7.78 square feet, more or less.
 
13.07 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of Cherry Street, and being described as follows:
Beginning, for reference, at the intersection of the westerly right-of-way of Washington Avenue with the southerly right-of-way of Cherry Street;
Thence South 90°00'00" West, with said southerly right-of-way line, a distance of 25.05 feet to the True Point of Beginning for the strip herein intended to be described;
Thence South 90°00'00" West, continuing with said southerly right-of-way line, a distance of 6.40 feet to a point;
Thence crossing said Cherry Street right-of-way, the following courses and distances;
North 00°03'00" East, a distance of 2.04 feet to a point;
South 89°57'00" East, a distance of 6.40 feet to a point; and
South 00°03'00" West, a distance of 2.04 feet to the True Point of Beginning, and containing 13.07 square feet, more or less.
 
156.47 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of the first alley west of Washington Avenue and north of Main Street, and being described as follows:
Beginning, for reference, at the intersection of the northerly right-of-way of Main Street with the westerly right-of-way of said alley;
Thence North 00°03'00" East, with said easterly right-of-way line of said alley, a distance of 3.88 feet to the True Point of Beginning for the strip herein intended to be described;
Thence across said alley right-of-way, the following courses and distances:
North 89°57'00" West, a distance of 0.62 feet to a point;
North 00°03'00" East, a distance of 4.33 feet to a point;
North 89°57'00" West, a distance of 0.50 feet to a point;
North 00°03'00" East, a distance of 5.40 feet to a point;
South 89°57'00" East, a distance of 0.50 feet to a point;
North 00°03'00" East, a distance of 23.10 feet to a point;
North 89°57'00" West, a distance of 2.00 feet to a point;
North 00°03'00" East, a distance of 8.40 feet to a point;
South 89°57'00" East, a distance of 2.00 feet to a point;
North 00°03'00" East, a distance of 22.10 feet to a point;
North 89°57'00" West, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 7.40 feet to a point;
South 89°57'00" East, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 22.60 feet to a point;
South 89°57'00" East, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 7.40 feet to a point;
South 89°57'00" East, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 22.60 feet to a point;
North 89°57'00" West, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 7.40 feet to a point;
South 89°57'00" East, a distance of 1.50 feet to a point;
North 00°03'00" East, a distance of 24.77 feet to a point;
North 89°57'00" West, a distance of 0.50 feet to a point;
North 00°03'00" East, a distance of 5.40 feet to a point;
South 89°57'00" East, a distance of 0.50 feet to a point;
North 00°03'00" East, a distance of 2.83 feet to a point; and
South 89°57'00" East, a distance of 0.62 feet to a point in the easterly right-of-way of said alley;
Thence South 00°03'00" West, with said easterly right-of-way line, a distance of 163.73 feet to the True Point of Beginning, and containing 156.47 square feet, more or less.
 
142.07 Square Foot Easement:
 
Situated in the State of Ohio, County of Franklin, City of Columbus, located in Section 16, Township 5, Range 22, Refugee Lands, and being a strip of land within the right-of-way of Washington Avenue, and being described as follows:
Beginning, for reference, at the intersection of the northerly right-of-way of Main Street with the westerly right-of-way of Washington Avenue;
Thence North 00°03'00" East, with said westerly right-of-way line, a distance of 3.28 feet to the True Point of Beginning for the strip herein intended to be described;
Thence North 00°03'00" East, continuing with said westerly right-of-way line, a distance of 163.23 feet to a point;
Thence across said Washington Avenue right-of-way, the following courses and distances:
South 89°57'00" East, a distance of 0.62 feet to a point;
South 00°03'00" West, a distance of 3.00 feet to a point;
South 89°57'00" East, a distance of 0.50 feet to a point;
South 00°03'00" West, a distance of 5.40 feet to a point;
North 89°57'00" West, a distance of 0.50 feet to a point;
South 00°03'00" West, a distance of 24.10 feet to a point;
South 89°57'00" East, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 6.40 feet to a point;
North 89°57'00" West, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 23.60 feet to a point;
South 89°57'00" East, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 6.00 feet to a point;
North 89°57'00" West, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 23.60 feet to a point;
South 89°57'00" East, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 6.40 feet to a point;
North 89°57'00" West, a distance of 1.00 feet to a point;
South 00°03'00" West, a distance of 22.60 feet to a point;
South 89°57'00" East, a distance of 2.00 feet to a point;
South 00°03'00" West, a distance of 8.40 feet to a point;
North 89°57'00" West, a distance of 2.00 feet to a point;
South 00°03'00" West, a distance of 27.93 feet to a point;
South 89°57'00" East, a distance of 0.50 feet to a point;
South 00°03'00" West, a distance of 5.40 feet to a point; and
North 89°57'00" West, a distance of 1.12 feet to the True Point of Beginning and containing 142.07 square feet, more or less.
 
EVANS, MECHWART, HAMBLETON, & TILTON, INC.
Clark E. White, Registered Surveyor No. 7868
 
Section 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.