Explanation
The Public Service Department, Transportation Division, received a request from Apex Realty Enterprises LLC, asking that the City grant them subsurface easement rights in that portion of Pearl Alley, from Hubbard Avenue north to the first unnamed alley north of Hubbard Avenue. This subsurface easement will be used to construct and operate underground access from a proposed parking garage on the east to a condominium building proposed for the west side of this portion of Pearl Alley at 830 North High Street. Per current Transportation Division practice, comments were solicited from interested parties, including City departments before it was determined that there would be no adverse impact to the City upon the granting of this easement. It was determined there are existing utilities located within this alley. Apex Realty Enterprises, LLC, has agreed to either relocate or otherwise accommodate these existing utilities through their construction of the underground access. A value of $500.00 was established for the granting of this subsurface easement.
The City will receive a total of $500.00, to be deposited in Fund 748, Project 537650, as consideration for the granting of the requested subsurface easement rights.
Title
To authorize the Director of the Public Service Department to execute those documents necessary to allow the City to grant subsurface easement rights in that portion of Pearl Alley, from Hubbard Avenue north to the first unnamed alley north of Hubbard Avenue, to Apex Realty Enterprises, LLC, for the purpose of providing underground access from a proposed parking garage on the east side of Pearl Alley to a condominium building proposed for the west side of this portion of Pearl Alley at 830 North High Street.
Body
WHEREAS, the City of Columbus, Public Service Department, Transportation Division, recently received a request from Apex Realty Enterprises LLC, asking that the City grant them subsurface easement rights in that portion of Pearl Alley, from Hubbard Avenue north to the first unnamed alley north of Hubbard Avenue; and
WHEREAS, this subsurface easement will be used to construct and operate underground access from a proposed parking garage on the east side of Pearl Alley to a condominium building proposed for the west side of this portion of Pearl Alley at 830 North High Street; and
WHEREAS, per current Transportation Division practice, comments were solicited from interested parties, including City departments before it was determined there would be no adverse impact to the City upon the granting of these easements; and
WHEREAS, it was determined there are existing utilities located within this alley that Apex Realty Enterprises, LLC, has agreed to either relocate or otherwise accommodate through their construction of the underground access, and
WHEREAS, a value of $500.00 has been established for the granting of the requested subsurface easement; 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 allow the City to grant the following described subsurface easement to Apex Realty Enterprises, LLC; to-wit:
0.093 Acres
Situated in the State of Ohio, Franklin County, City of Columbus, and being a part of North Pearl Street (30' wide right-of-way), and being more particularly described as follows:
Beginning at the intersection of the easterly right-of-way line of High Street (86' wide right-of-way) and the northerly right-of-way line of Hubbard Avenue (50' wide right-of-way), said point also being the southwesterly corner of Lot Number 61 of William A. Gill's Fourth North Addition as recorded in Plat Book 1, Page 389, said point also being a southwesterly corner of a tract of land as conveyed to Apex Realty Enterprises, LLC as described in Instrument Number 200703020036633; thence;
Along the northerly right-of-way line of Hubbard Avenue, also being along the southerly line of said Lot Number 61, also being along the southerly line of said lands of Apex Realty Enterprises, LLC, North 81° 50' 56" East, for a distance of one hundred seventy and thirty-four one-hundredths feet (170.34') to a point, said point being at the intersection of the northerly right-of-way line of Hubbard Avenue and the westerly right-of-way line of North Pearl Street, said point also being the southeasterly corner of said Lot Number 61, said point also being a southeasterly corner of said lands of Apex Realty Enterprises, LLC, said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence,
Along the westerly right-of-way line of North Pearl Street, also along the easterly lines of said Lot Number 61, Lot Number 62, and a portion of the easterly line of Lot Number 63 of said William A. Gill's Fourth North Addition, also being along an easterly line of lands of said Apex Realty Enterprises, LLC, North 08° 22' 15" West, for a distance of one hundred thirty-five and zero one-hundredths feet (135.00') to a point, said point being along the westerly line of North Pearl Street, said point also being along an easterly line of lands of said Apex Realty Enterprises, LLC, said point also being along the easterly line of said Lot Number 63; thence,
Crossing North Pearl Street, North 81° 50' 56" East, for a distance of thirty and zero one-hundredths feet (30.00') to a point, said point being the northeasterly corner of Lot Number 66 of said William A. Gill's Fourth North Addition, said point also being a northeasterly corner of said lands of Apex Realty Enterprises, LLC, said point also being at the intersection of the easterly right-of-way line of North Pearl Street and the southerly right-of-way line of a 25' wide alley; thence,
Along the westerly line of said Lot Number 66 of said William A. Gill's Fourth North Addition, also being along a westerly line of said lands of Apex Realty Enterprises, LLC, also being along the easterly right-of-way line of North Pearl Street, South 08° 22' 15" East, for a distance of one hundred thirty-five and zero one-hundredths feet (135.00') to a point, said point being the southwesterly corner of said Lot Number 66, said point also being a southwesterly corner of said lands of Apex Realty Enterprises, LLC, said point also being at the intersection of the easterly right-of-way line of North Pearl Street and the northerly right-of-way line of Hubbard Avenue; thence,
Crossing North Pearl Street, South 81° 50' 56" West, for a distance of thirty and zero one-hundredths feet (30.00') to the point of beginning containing 0.093 acres of land, more or less, as determined by Michael L. Keller, Professional Surveyor, Ohio License Number 7978, for Kleingers and Associates, in April, 2007.
The above-described area shall extend vertically from just below the existing ground to a point 30.0 feet below the existing ground. The vertical limits are specifically identified as being from elevation 727.5' to 757.5'. The basis of said vertical datum is the North American Vertical Datum of 1988. The source benchmark is COC 13-83, having an elevation of 752.14 feet as published by the Franklin County Engineer's Office.
Basis of bearings is the northerly right-of-way line of Hubbard Avenue being N 81° 50' 56" W as shown on a drawing entitled "ALTA/ACSM survey for a 0.744 acre and a 0.628 acre tract of land located east of High Street and north of Hubbard Avenue" as prepared by Bauer, Davidson & Merchant, Inc. with a latest revision date of August 11, 2006.
This description is based on record information only, and not an actual field survey.
Michael L. Keller
Professional Surveyor, Ohio License No. 7978
Section 2. That the $500.00 to be received by the City as consideration for the granting of the requested encroachment easement shall be deposited in Fund 748, Project 537650.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.