.Explanation
In May of 2003 the Downtown Commission was asked to review a proposal to install a metal sculpture, approximately 13 feet high, designed to represent the concept of recovery from illness within the City right-of-way adjacent to the Southeast Mental Health Treatment Center building located at the northwest corner of Long and High Streets. (Application 139-03, Applicant - Southeast, Inc., Sculptor - Stephen Canneto/Canneto Studios). Downtown Commission granted a Certificate of Appropriateness for the proposed installation of this private sculpture within City right-of-way subject to the granting of an encroachment easement and all necessary permits by the City.
In early July 2003 the Public Service Department, Transportation Division, received an official request from Mr. Canneto asking that the City grant the necessary encroachment easement into City owned right-of-way for the installation of this sculpture. Staff concerns regarding sculpture placement, pedestrian safety, sculpture engineering and installation plans, aesthetics, cleaning, lighting and maintenance have been addressed and Transportation Division Staff has determined that the requested encroachment easement should be granted.
Fiscal Impact: The Department of Law, Real Estate Division, established a value of $2,025.00 for the granting of this encroachment easement, however, Land Review Commission has voted to recommend this easement be granted at no charge in recognition of the value of the sculpture and the aesthetic improvement that this installation will make within the downtown area.
Emergency Justification: City concerns have delayed the issuance of the required encroachment easement for more than a year. At this time the City's concerns have all been addressed and the Public Service Department, Transportation Division, is now requesting emergency action so that the necessary encroachment easement can be granted and a mid August dedication of the sculpture can proceed as currently planned.
Title
To authorize the Public Service Director to execute those documents required to grant an encroachment easement into North High Street adjacent to the Southeast Mental Health Treatment Center building located at the northwest corner of Long and High Streets for the installation of a privately owned sculpture entitled "Recovery" by Southeast, Inc.; and to declare an emergency.
Body
WHEREAS, In May of 2003 the Downtown Commission was asked to review a proposal to install a metal sculpture, approximately 13 feet high, designed to represent the concept of recovery from illness within the City right-of-way adjacent to the Southeast Mental Health Treatment Center building located at the northwest corner of Long and High Streets; and
WHEREAS, Downtown Commission granted a Certificate of Appropriateness for the proposed installation of this private sculpture within City right-of-way subject to the granting of an encroachment easement and all necessary permits by the City; and
WHEREAS, in early July 2003 the Public Service Department, Transportation Division, received an official request from Mr. Canneto asking that the City grant the necessary encroachment easement into City owned right-of-way for the installation of this sculpture; and
WHEREAS, staff concerns regarding sculpture placement, pedestrian safety, sculpture engineering and installation plans, aesthetics, cleaning, lighting and maintenance have been addressed and Transportation Division staff has determined that the requested encroachment easement should be granted; and
WHEREAS, the Department of Law, Real Estate Division, established a value of $2,025.00 for the granting of this encroachment easement; and
WHEREAS, Land Review Commission has voted to recommend this easement be granted at no charge in recognition of the value of the sculpture and the aesthetic improvement that this installation will make within the downtown area; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Public Service Director to execute those documents necessary to grant an encroachment easement into North High Street adjacent to 131 North High Street for the installation of a private metal sculpture entitled "Recovery" so that a planned dedication of this sculpture can proceed as currently scheduled thereby preserving 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 Public Service Department be and is hereby authorized to execute those documents necessary to grant the following described encroachment easement to Southeast, Inc.; to-wit:
Situated in the State of Ohio, County of Franklin, City of Columbus and being a sculpture easement through a portion of Inlot 286, City of Columbus, as shown of record in Deed Book "F", Page 332, all records referenced to the Recorder's Office, Franklin County, Ohio, said easement bounded and described as follows:
Beginning at a point in the west line of North High Street (100 feet in width) and in the east line of said Inlot 286, said point being N 08°20'30" W a distance of 19.33 feet from a point at the intersection if the west line of North High Street with the north line of West Long Street (82.5 feet in width) and at the southeast corner of said Inlot 286;
Thence N 08°20'30" W along the west line of North High Street and along a portion of the east line of said Inlot 286 a distance of 5.00 feet to a point;
Thence crossing a portion of the right-of-way of North High Street the following fifteen (15) courses:
1. N 81°39'30" E a distance of 2.00 feet to a point;
2. N 08°20'30" W a distance of 6.50 feet to a point;
3. N 81°39'30" E a distance of 1.00 feet to a point;
4. S 08°20'30" E a distance of 6.50 feet to a point;
5. N 81°39'30" E a distance of 2.00 feet to a point;
6. S 08°20'30" E a distance of 2.00 feet to a point
7. N 81°39'30" E a distance of 6.50 feet to a point;
8. S 08°20'30" E a distance of 1.00 feet to a point;
9. S 81°39'30" W a distance of 6.50 feet to a point;
10. S 08°20'30" E a distance of 2.00 feet to a point;
11. S 81°39'30" W a distance of 2.00 feet to a point;
12. S 08°20'30' E a distance of 6.50 feet to a point;
13. S 81°39'30" W a distance of 1.00 feet to a point;
14. N 08°20'30" W a distance of 6.50 feet to a point;
15. S 81°39'30" W a distance of 2.00 feet to the place of beginning, containing 45 square feet (=0.001 acre) of land more or less.
The above description was prepared by Kevin L. Baxter, Ohio Surveyor No. 7697, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers & Surveyors, Columbus, Ohio, from best available Court House records in April 2004. Basis of bearings is the west line of North High Street, being S 08°20'30" E, as shown of record in Official Record 23387, Page A 01, Recorder's Office, Franklin County, Ohio.
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.