Explanation
1. BACKGROUND
A number of encroachments into the public rights-of-way were discovered during the plan development phase of the River South, Phase II, Improvement Project. These encroachments include building foundations, building facades, walls, doorways, stoops, and steps. Encroachments into public rights-of-way must be removed or must be permitted by the local public agency ("LPA") prior to the LPA certifying all necessary right-of-way is acquired and available for use as a part of any Federal/State funded project. The following legislation authorizes the Director of the Department of Public Service to execute any documents necessary to grant encroachment easements for existing encroachments into the public rights-of-way as required prior to certification that all right-of-way is cleared and available for construction of the River South, Phase II, Improvement Project, a Federal/State funded project.
2. Emergency designation
The City must be in a position to certify all necessary right-of-way is acquired and available for use as a part of this project on or before November 15, 2009. Emergency action is requested to allow for document preparation, execution and recording prior to this date.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant encroachment easements for existing building foundations, building facades, doorways, stoops and steps within those public rights-of-way needed for the River South, Phase II, Improvement Project and to declare an emergency.
Body
WHEREAS, a number of encroachments into the public rights-of-way were discovered during the plan development phase of the River South, Phase II, Improvement Project; and
WHEREAS, these encroachments include building foundations, building facades, walls, doorways, stoops and steps; and
WHEREAS, encroachments into public rights-of-way must be removed or must be permitted by the local public agency ("LPA") prior to the LPA certifying all necessary right-of-way is acquired and available for use as a part of a Federal/State funded project; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director of the Department to execute those documents necessary to grant encroachment easements for existing encroachments into the public rights-of-way needed for the River South, Phase II, Improvement Project 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 Department of Public Service be and is hereby authorized to execute those documents necessary to grant the following described encroachment easements; to-wit:
0.004 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Main Street, (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the southerly right-of-way line of said Main Street with the easterly right-of-way line of Jewett Street (20 feet wide), being the northwesterly corner of Lot 3 of that subdivision entitled "Old Penitentiary Lot" of record in Plat Book 1, Page 240;
Thence across the right-of-way of said Main Street, the following courses and distances;
North 08°05'41" West, a distance of 1.00 foot to a point;
North 81°54'19" East, a distance of 67.96 feet to a point;
North 08°05'41" West, a distance of 1.00 foot to a point;
North 81°54'19" East, a distance of 21.00 feet to a point;
South 08°05'41" East, a distance of 1.00 foot to a point;
North 81°54'19" East, a distance of 66.02 feet to a point;
South 08°05'41" East, a distance of 1.00 foot to a point in at the northeasterly corner of Lot 1 of said "Old Penitentiary Lot";
Thence South 81°54'19" West, with the southerly right-of-way line of said Main Street, a distance of 154.98 feet to the POINT OF BEGINNING and containing 0.004 acre of land, more or less.
0.002 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over and across the right-of-way of Main Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the southerly right-of-way line of said Main Street with the easterly right-of-way line of Ludlow Street (33 feet wide), being the northwesterly corner of Lot 98 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, Plat Book 14, Page 27;
Thence across the right-of-way of said Main Street, the following courses and distances:
North 08°05'41" West, a distance of 4.50 feet to a point;
North 81°54'19" East, a distance of 10.91 feet to a point;
South 08°05'41" East, a distance of 4.00 feet to a point;
North 81°54'19" East, a distance of 33.00 feet to a point;
South 08°05'41" East, a distance of 0.50 feet to a point on the southerly right-of-way line of said Main Street;
Thence South 81°54'19" West, with said southerly right-of-way line, a distance of 43.91 feet to the POINT OF BEGINNING and containing 0.002 acre of land, more or less.
0.005 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over and across the right-of-way of Main Street (82.5 feet wide) and Front Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the southerly right-of-way line of said Main Street with the westerly right-of-way line of Front Street (82.5 feet wide), being the northeasterly corner of Lot 98 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, Plat Book 14, Page 27;
Thence South 81°54'19" West, with the southerly right-of-way line of said Main Street, a distance of 15.83 feet to a point;
Thence across the right-of-way of said Main Street and Front Street, the following courses and distances:
North 08°05'41" West, a distance of 2.00 feet to a point;
North 81°54'19" East, a distance of 17.83 feet to a point;
South 08°06'29" East, a distance of 94.30 feet to a point;
South 81°51'25" West, a distance of 2.00 feet to a point on the westerly right-of-way line of said Front Street;
Thence North 08°06'29" West, with said westerly right-of-way line, a distance of 92.30 feet to the POINT OF BEGINNING and containing 0.005 acre of land more or less.
0.004 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over and across the right-of-way of Main Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the southwesterly corner of Lot 5 of that subdivision entitled "G. G. Comstock" of record in Plat Book 1, Page 58, at the southeasterly corner of Lot 4 of "G. G. Comstock", being on the northerly right-of-way line of said Main Street;
Thence North 81°54'19" East, with the northerly right-of-way line of said Main Street, a distance of 7.02 feet to the TRUE POINT OF BEGINNING;
Thence North 81°54'19" East, continuing with the northerly right-of-way line of said Main Street, a distance of 33.50 feet to a point;
Thence across the right-of-way of Main Street, the following courses and distances:
South 08°00'28" East, a distance of 4.50 feet to a point;
South 81°54'19" West, a distance of 12.50 feet to a point;
South 08°00'28" East, a distance of 1.50 feet to a point;
South 81°54'19" West, a distance of 8.00 feet to a point;
North 08°00'28" West, a distance of 1.50 feet to a point;
South 81°54'19" west, a distance of 13.00 feet to a point'
North 08°00'28" West, a distance of 4.50 feet to the TRUE POINT OF BEGINNING and containing 0.004 acre of land, more or less.
0.002 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over and across the right-of-way of Main Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the southeasterly corner of Lot 99 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, and Plat Book 14, Page 27, at the southwesterly corner of Lot 100 of "Plat of City of Columbus", being on the northerly right-of-way line of said Main Street;
Thence South 81°54'19" West, with the northerly right-of-way line of said Main Street, a distance of 3.90 feet to the TRUE POINT OF BEGINNING;
Thence across the right-of-way of said Main Street, the following courses and distances:
South 08°10'54" East, a distance of 4.00 feet to a point;
South 81°54'19" West, a distance of 26.00 feet to a point;
North 08°10'54" West, a distance of 4.00 feet to a point on the northerly right-of-way line of said Main Street;
Thence North 81°54'19" East, with said northerly right-of-way line, a distance of 26.00 feet to the TRUE POINT OF BEGINNING and containing 0.002 acre of land, more or less.
18.000 Square Feet Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over and across the right-of-way of Main Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the southwesterly corner of Lot 6 of that subdivision entitled "Patterson Miner and Parson's Subdivision" of record in Deed Book 18, Page 296, a the southeasterly corner of Lot 7 of "Patterson Miner and Parson's Subdivision", being on the northerly right-of-way line of said Main Street;
Thence North 81°54'19" East, with the northerly right-of-way line of said Main Street, a distance of 17.08 feet to a point;
Thence across the right-of-way of said Main Street, the following courses and distances:
South 08°05'41" East, a distance of 1.00 foot to a point;
South 81°54'19" West, a distance of 18.00 feet to a point;
North 08°05'41" West, a distance of 1.00 foot to a point on the northerly right-of-way line of said Main Street;
Thence North 81°54'19" East, with said northerly right-of-way line, a distance of 0.92 feet to the POINT OF BEGINNING and containing 18.000 square feet of land, more or less.
0.006 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Rich Street (82.5 feet wide) and High Street (100 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the southerly right-of-way line of said Rich Street with the westerly right-of-way line of said High Street, being the northeasterly corner of Lot 251 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, Plat Book 14, Page 27;
Thence South 81°50'15" West, with the southerly right-of-way line of said Rich Street, a distance of 175.82 feet to a point;
Thence across the right-of-way of said Rich Street and High Street, the following courses and distances;
North 08°09'45" West, a distance of 1.00 foot to a point;
North 81°50'15" East, a distance of 134.00 feet to a point;
North 08°09'45" West, a distance of 4.50 feet to a point;
North 81°50'15" East, a distance of 15.50 feet to a point;
South 08°09'45" East, a distance of 4.50 feet to a point;
North 81°50'15" East, a distance of 27.32 feet to a point;
South 08°07'31" East, a distance of 13.11 feet to a point;
South 81°58'15" West, a distance of 1.00 foot to a point on the westerly right-of-way line of said High Street;
North 08°07'31" West, a distance of 12.11 feet to the POINT OF BEGINNING and containing 0.006 acre of land, more or less.
0.001 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Rich Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the northerly right-of-way line of said Rich Street with the westerly right-of-way line of High Street (100 feet wide), being the southeasterly corner of Lot 252 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, Plat Book 14, Page 27;
Thence across the right-of-way of said Rich Street, the following courses and distances:
South 08°09'45" East, a distance of 0.50 feet to a point;
South 81°50'15" West, a distance of 126.38 feet to a point;
North 08°09'45" West, a distance of 0.50 feet to a point on the southerly right-of-way line of said Rich Street;
Thence North 81°50'15" East, a distance of 126.38 feet to the POINT OF BEGINNING and containing 0.001 acre of land more or less.
0.006 Acre Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Rich Street (width varies) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
BEGINNING at the intersection of the southerly right-of-way line of said Rich Street with the westerly right-of-way line of Ludlow Street (33 feet wide), being the northeasterly corner of Lot 68 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247, Plat Book 14, Page 27;
Thence South 81°50'15" West, with the southerly right-of-way line of said Rich Street, a distance of 187.50 feet to a point;
Thence across the right-of-way of said Rich Street, the following courses and distances:
North 08°06'34" West, a distance of 2.00 feet to a point;
North 82°08'35" East, a distance of 187.50 feet to a point;
South 08°09'45" East, a distance of 1.00 foot to the POINT OF BEGINNING and containing 0.006 acre of land, more or less.
6.000 Square Feet Encroachment Easement
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 16, Township 5, Range 22, Refugee Lands, being on, over, and across the right-of-way of Front Street (82.5 feet wide) (all references refer to the records of the Recorder's Office, Franklin County, Ohio), and described as follows:
Beginning, for reference, at the intersection of the northerly right-of-way line of Main Street (82.5 feet wide) with the westerly right-of-way line of said Front Street, the southeasterly corner of Lot 100 of that subdivision entitled "Plat of City of Columbus" of record in Deed Book "F", Page 332, Plat Book 3, Page 247 and Plat Book 14, Page 27;
Thence North 08°06'35" West, with the westerly right-of-way line of said Front Street, a distance of 93.70 feet to the TRUE POINT OF BEGINNING;
Thence North 08°06'35" West, continuing with the westerly right-of-way line of said Front Street, a distance of 6.00 feet to a point;
Thence across the right-of-way of said Front Street, the following courses and distances;
North 81°51'25" East, a distance of 1.00 foot to a point;
South 08°06'35" East, a distance of 6.00 feet to a point;
South 81°50'09" West, a distance of 1.00 foot to the TRUE POINT OF BEGINNING and containing 6.000 square feet of land, more or less.
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.