Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from the property owner, 50 E 7th Borrower, LLC, asking that the City allow some building elements to remain encroaching into the public right-of-way. The project is located at 50 E. Seventh Avenue and along the north side of Seventh Avenue. This project is a development known as the Peer on 7Th Project and the existing encroachment consist of below and above ground building elements that extended into the right-of-way during the construction of the project. This project was built in 2023 and elements protrude into the public right-of-way as described below and shown on 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 these encroachments and legally allow the building to remain extended into the public rights-of-way. Allowing these building elements to remain will enhance the building and keep the original design. A value of $500.00 for the encroachment easement was established.
2. Fiscal Impact
The City received a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the requested encroachment easement.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant encroachments to 50 E 7th Borrower, LLC, for the Peer on 7Th Project and legally allow the building to remain extended into the public rights-of-way. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from the property owner, 50 E 7th Borrower, LLC, asking that the City allow some building elements to remain encroaching into the public right-of-way. The project is located at 50 E. Seventh Avenue and along the north side of Seventh Avenue; and
WHEREAS, this project is a development known as the Peer on 7Th Project and the existing encroachment consist of below and above ground building elements that extended into the right-of-way during the construction of the project. This project was built in 2023 and elements protrude into the public right-of-way as described below and shown on the attached exhibit; and
WHEREAS, a value of $500.00 was established for the encroachment easement to be deposited into fund 7748, Project P537650; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Service hereby authorized to execute those documents necessary for the City to grant these encroachments, and legally allow the building to remain extended into the public rights-of-way to the property owner, 50 E 7th Borrower, LLC, and attached exhibits; to-wit:
3 Dimensional Encroachment Easement
0.0005-ACRE (19.7 SQ. FT.) VERTICAL ENCROACHMENT EASEMENT
FROM ELEVATION 772.80’ TO 788.80’ (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the existing right of way of Seventh Avenue (50’ Wide) as dedicated in the recorded plat of John Marzetti’s North High Street Addition to the City of Columbus, Ohio (Plat Book 3, Page 308) of the Recorder’s Office, Franklin County, Ohio and being further described as follows:
Commencing at a point in the existing northerly right of way of Seventh Avenue (50’ Wide, P.B. 3, Pg. 308), said point also being the southwesterly corner of Lot 10 of John Marzetti’s North High Street Addition to the City of Columbus, Ohio (P.B. 3, Pg. 308) and the southwesterly corner of those lands conveyed to 50 E 7th Borrower, LLC by deed of record in Instrument 202210120143731; Thence along the existing northerly right of way of Seventh Avenue, the southerly lines of Lots 10 through 14, and the southerly line of said 50 E 7th Borrower, LLC tract, South 86° 47’ 44” East for a distance of 195.93 feet to the True Point of Beginning;
Thence continuing along the existing northerly right of way of Seventh Avenue, the southerly line of Lots 14 and 15, and the southerly line of said 50 E 7th Borrower, LLC tract, South 86° 47’ 44” East for a distance of 23.71 feet to a point, between elevations 772.80’ and 788.80’; Thence across the existing right of way of Seventh Avenue for the following three (3) courses:
1. Perpendicular to the existing northerly right of way of Seventh Avenue, South 03° 12’ 16” West for a distance of 0.83 feet to a point, between elevations 772.80’ and 788.80’;
2. Parallel to and 0.83 feet southerly of the existing northerly right of way of Seventh Avenue, North 86° 47’ 44” West for a distance of 23.71 feet to a point, between elevations 772.80’ and 788.80’;
3. Perpendicular to the existing northerly right of way of Seventh Avenue, North 03° 12’ 16” East for a distance of 0.83 feet to the True Point of Beginning, between elevations 772.80’ and 788.80’, and containing 0.0005 acres (19.7 sq. ft.), more or less, and subject to all other legal easements and rights of way.
The above-described area shall encompass the portions of the concrete/brick wall (including foundations and concrete top cap) located at the tenant entrance to the existing building situated at 50 E 7th Avenue, on the north side of Seventh Avenue. The vertical limits are specifically identified as being from elevation 772.80’ to 788.80’. The existing grade adjacent to the concrete/brick wall varies from 779.8’± to 780.4±’ Bearings are based on the existing centerline of Seventh Avenue being S 86° 47’ 44” E, as referenced to State Plane Grid Coordinates, Ohio South Zone NAD83 with 2007 NSRS Adjustment. Elevations are based on North American Vertical Datum of 1988 (NAVD 88). This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor No. 8906 from an actual field survey performed in July of 2024 by Korda/Nemeth Engineering, Inc.
3 Dimensional Encroachment Easement
0.0018-ACRE (77.7 SQ. FT.) VERTICAL ENCROACHMENT EASEMENT
FROM ELEVATION 753.10’ TO 783.50’ (NAVD 88)
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of the existing right of way of Seventh Avenue (50’ Wide) as dedicated in the recorded plat of John Marzetti’s North High Street Addition to the City of Columbus, Ohio (Plat Book 3, Page 308) of the Recorder’s Office, Franklin County, Ohio and being further described as follows: Commencing at a point in the existing northerly right of way of Seventh Avenue (50’ Wide, P.B. 3, Pg. 308), said point also being the southwesterly corner of Lot 10 of John Marzetti’s North High Street Addition to the City of Columbus, Ohio (P.B. 3, Pg. 308) and the southwesterly corner of those lands conveyed to 50 E 7th Borrower, LLC by deed of record in Instrument 202210120143731; Thence along the existing northerly right of way of Seventh Avenue, the southerly line of Lot 10 and the southerly line of said 50 E 7th Borrower, LLC tract, South 86° 47’ 44” East for a distance of 4.72 feet to the True Point of Beginning; Thence continuing along the existing northerly right of way of Seventh Avenue, the southerly line of Lots 10 and 11 and the southerly line of said 50 E 7th Borrower, LLC tract, South 86° 47’ 44” East for a distance of 58.45 feet to a point, between elevations 769.47’ and 777.72’; Thence across the existing right of way of Seventh Avenue for the following three (3) courses:
1. Perpendicular to the existing northerly right of way of Seventh Avenue, South 03° 12’ 16” West for a distance of 1.33 feet to a point, between elevations 769.47’ and 777.72’;
2. Parallel to and 1.33 feet southerly of the existing northerly right of way of Seventh Avenue, North 86° 47’ 44” West for a distance of 58.45 feet to a point, between elevations 769.47’ and 777.72’;
3. Perpendicular to the existing northerly right of way of Seventh Avenue, North 03° 12’ 16” East for a distance of 1.33 feet to the True Point of Beginning, between elevations 769.47’ and 777.72’, and containing 0.0018 acres (77.7 sq. ft.), more or less, and subject to all other legal easements and rights of way.
The above-described area shall encompass the portions of the concrete/brick wall (including foundations and concrete top cap) located at the main entrance to the existing building situated at 50 E 7th Avenue, on the north side of Seventh Avenue. The vertical limits are specifically identified as being from elevation 769.47’ to 777.72’. The existing grade adjacent to the concrete/brick wall varies from 773.2’± to 775.1±’ Bearings are based on the existing centerline of Seventh Avenue being S 86° 47’ 44” E, as referenced to State Plane Grid Coordinates, Ohio South Zone NAD83 with 2007 NSRS Adjustment. Elevations are based on North American Vertical Datum of 1988 (NAVD 88). This description was prepared by D. Kyle Saunders, Ohio Professional Surveyor No. 8906 from an actual field survey performed in July 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 for granting the encroachment easement, to be deposited into Fund 7748, Project P537650.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.