Explanation
1. BACKGROUND
During the plan development phase of the Bridge Rehabilitation - Arcadia Avenue over Glen Echo Ravine Project(Ohio Department of Transportation (ODOT) designation FRA-Arcadia Bridge - PID 86113) it was discovered there are a number of stone, brick or timber walls and some privacy fences located in public rights-of-way within the project corridor.
To secure Federal/State funding for this project, encroachments into public rights-of-way must be removed or must be specifically 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 need to grant encroachment easements for existing walls and fences that are located in the public rights-of-way within this project corridor and that are not in conflict with this project.
2. FISCAL IMPACT
N/A
3. Emergency designation
This project is currently scheduled to go to construction later this summer. 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 before this project can be advertised for bid. Emergency action is requested to allow for document preparation and execution of the necessary encroachment easements prior to this time.
Title
To authorize the Director of the Department of Public Service to execute those documents needed for the City to grant encroachment easements for existing walls and fences located in public rights-of-way within the Bridge Rehabilitation - Arcadia Avenue over Glen Echo Ravine Project corridor; and to declare an emergency.
Body
WHEREAS, during the plan development phase of the Bridge Rehabilitation - Arcadia Avenue over Glen Echo Ravine Project (ODOT designation FRA-Arcadia Bridge - PID 86113) it was discovered a number of stone, brick or timber walls and some privacy fences that encroach into the public rights-of-way within the project corridor; and
WHEREAS, to secure Federal/State funding all encroachments into public rights-of-way must be removed or must be specifically 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 walls and fences that encroach into the public rights-of-way within the FRA Bridge Rehabilitation - Arcadia Avenue over Glen Echo Ravine Project corridor 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:
FENCE AND TIMBER RETAINING WALL ENCROACHMENTS
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 1, Range 18, United States Military Survey, and being located within the existing right-of-way for Arcadia Avenue, being adjacent to Lot 234 of Indianola Park View Number Two, of record in Plat Book 9, page 7, as said lot is described in a deed to Thomas R. Cherry and Susan Reed, of record in Instrument Number 200511030232801, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being further bounded and described as follows:
Beginning at the northwest corner of said Lot 234, being at the intersection of the existing south right-of-way line for said Arcadia Avenue and the existing east right-of-way line for Glen Echo Drive (dedicated as Shattuck Avenue in Plat Book 9, page 7);
Thence into, over and across the existing right-of-way for said Arcadia Avenue along the following three (3) described courses:
1) North 13 degrees 27 minutes 43 seconds East, a distance of 8.83 feet to a point, being on the south face of an existing retaining wall on the south side of said Arcadia Avenue;
2) South 86 degrees 23 minutes 06 seconds East, along a line parallel to and 8.70 feet northerly from the existing south right-of-way line for said Arcadia Avenue, being along the south face of said existing retaining wall and along the south face of said existing retaining wall projected east, a distance of 113.57 feet to a point;
3) South 03 degrees 36 minutes 54 seconds West, along a line perpendicular from the previous course, a distance of 8.70 feet to the northeast corner of said Lot 234, being at the intersection of the existing south right-of-way line for said Arcadia Avenue and the existing west right-of-way line for an unnamed 16-foot wide alley;
Thence North 86 degrees 23 minutes 06 seconds West, along the north line of said Lot 234, along the existing south right-of-way line for said Arcadia Avenue, a distance of 115.08 feet to the POINT OF BEGINNING for the herein described perpetual easement.
The above described perpetual easement contains an area of 0.023 acres (995 square feet) located entirely within the existing right-of-way for Arcadia Avenue, being adjacent to Franklin County Auditor's tax parcel number 010-018581.
Bearings described herein are for project use only and are based on the bearing of South 86 degrees 23 minutes 06 seconds East for the south right-of-way line for Arcadia Avenue, and are referenced to the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983 (1986 adjustment), as established from an actual survey originating from Franklin County Survey Control Monuments "FRANK62" and FRANK 162".
The above description of a perpetual easement was prepared and reviewed on March 18, 2011 by Brian P. Bingham, registered professional surveyor number 8438, is based on an actual survey of the premises performed by Dynotec, Inc., in March 2009 and is true and correct to the best of my knowledge.
American Structurepoint, Inc.
Brian P. Bingham
Registered Professional Surveyor No. 8438
BRICK WALL ENCROACHMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 1, Range 18, United States Military Survey, and being located within the existing right-of-way for Arcadia Avenue, being adjacent to Lot 20 of Glen Echo Parcels, of record in Plat Book 9, page 9, as said lot is described in a deed to Amy L. Lozier and Kevin S. Hollingshead, of record in Official Record 21335, page D04, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being further bounded and described as follows:
Beginning at the southeast corner of said Lot 20, being at the intersection of the existing north right-of-way line of said Arcadia Avenue and the existing west right-of-way line for Indianola Park View Drive (as dedicated in Plat Book 9, page 9)
Thence into, over and across the existing right-of-way for said Arcadia Avenue along the following six (6) described courses:
1) South 15 degrees 16 minutes 04 seconds West, along the existing west right-of-way line for said Indianola Park View Drive projected south, a distance of 9.40 feet to a point, being on the north face of an existing retaining wall on the north side of Arcadia Avenue;
2) North 86 degrees 13 minutes 51 seconds West, along the north face of said retaining wall, a distance of 25.34 feet to a point;
3) South 03 degrees 05 minutes 03 seconds West, a distance of 1.30 feet to the south face of an existing brick wall, being the north side of an existing concrete sidewalk;
4) North 87 degrees 15 minutes 28 seconds West, along the south face of said brick wall, along the north side of said sidewalk, a distance of 52.95 feet to a point;
5) North 85 degrees 27 minutes 36 seconds West, continuing along the south face of said brick wall and along the north side of said sidewalk, a distance of 62.84 feet to a point;
6) North 03 degrees 36 minutes 54 seconds East, along the existing east right-of-way line for an unnamed 16-foot wide alley (dedicated in Plat Book 9, page 9) projected south, a distance of 10.23 feet to the southwest corner of said Lot 20, being at the intersection of the existing north right-of-way line for said Arcadia Avenue and the existing east right-of-way line for said unnamed alley;
Thence South 86 degrees 23 minutes 06 seconds East, along the south line of said Lot 20, along the existing north right-of-way line for said Arcadia Avenue, a distance of 143.00 feet to the POINT OF BEGINNING for the herein described perpetual easement.
The above described perpetual easement contains an area of 0.034 acres (1,490 square feet) located entirely within the existing right-of-way for Arcadia Avenue, being adjacent to Franklin County Auditor's tax parcel number 010-038123.
Bearings described herein are for project use only and are based on the bearing of South 86 degrees 23 minutes 06 seconds East for the north right-of-way line for Arcadia Avenue, and are referenced to the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983 (1986 adjustment), as established from an actual survey originating from Franklin County Survey Control Monuments "FRANK62" and FRANK 162".
The above description of a perpetual easement was prepared and reviewed on March 18, 2011 by Brian P. Bingham, registered professional surveyor number 8438, is based on an actual survey of the premises performed by Dynotec, Inc., in March 2009 and is true and correct to the best of my knowledge.
American Structurepoint, Inc.
Brian P. Bingham
Registered Professional Surveyor No. 8438
STONE LANDSCAPING WALL ENCROACHMENT
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Quarter Township 4, Township 1, Range 18, United States Military Survey, and being located within the existing right-of-way for Arcadia Avenue, being adjacent to Lot 6 of H.M. Mauger's Subn., of record in Plat Book 10, page 310, as said Lot is described in an deed to Michael Lore, of record in Instruments Number 200707020115110, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, being further bounded and described as follows:
Beginning at the southwest corner of said Lot 6, being at the intersection of the existing north right-of-way line for said Arcadia Avenue and the existing east right-of-way line for Indianola Park View Drive (as dedicated in Plat Book 9, page 9);
Thence South 86 degrees 23 minutes 06 seconds East, along the south line of said Lot 6, along the existing north right-of-way line for said Arcadia Avenue, a distance of 82.50 feet to the southeast corner of said Lot 6, being at the intersection of the existing north right-of-way line for said Arcadia Avenue and the existing west right-of-way line of an unnamed 16-foot wide alley (dedicated in Plat Book 10, page 310);
Thence into, over and across the existing right-of-way for said Arcadia Avenue along the following five (5) described courses:
1) South 03 degrees 36 minutes 54 seconds West, along a line perpendicular from the previous course, a distance of 10.50 feet to a point, being on the south face of a stone landscaping wall, being on the north side of a concrete sidewalk;
2) North 86 degrees 23 minutes 06 seconds West, along a line parallel to and 10.50 feet southerly from the existing north right-of-way line for said Arcadia Avenue, along the south face of said stone wall, along the north side of said sidewalk, a distance of 52.21 feet to a point;
3) North 01 degree 15 minutes 45 seconds East, a distance of 1.30 feet to a point, being on the north face of an existing retaining wall on the north side of Arcadia Avenue;
4) North 86 degrees 24 minutes 55 seconds West, along the north face of said retaining wall, a distance of 31.48 feet to a point;
5) North 11 degrees 19 minutes 46 seconds East, along the existing east right-of-way line for said Indianola Park View Drive projected south, a distance of 9.30 feet to the POINT OF BEGINNING for the herein described perpetual easement.
The above described perpetual easement contains an area of 0.019 acres (833 square feet) located entirely within the existing right-of-way for Arcadia Avenue, being adjacent to Franklin County Auditor's tax parcel number 010-045213.
Bearings described herein are for project use only and are based on the bearing of South 86 degrees 23 minutes 06 seconds East for the south right-of-way line for Arcadia Avenue, and are referenced to the Ohio State Plane Coordinate System, South Zone and the North American Datum of 1983 (1986 adjustment), as established from an actual survey originating from Franklin County Survey Control Monuments "FRANK62" and FRANK 162".
The above description of a perpetual easement was prepared and reviewed on March 18, 2011 by Brian P. Bingham, registered professional surveyor number 8438, is based on an actual survey of the premises performed by Dynotec, Inc., in March 2009 and is true and correct to the best of my knowledge.
American Structurepoint, Inc.
Brian P. Bingham
Registered Professional Surveyor No. 8438
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.