Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from Norfolk Southern Railway Company, asking that the City allow two active warning devices to be installed on New World Drive to encroach into the public right-of-way. These encroachments consist of two active warning devices that will extend into New World Drive right-of-way. This project is located just North West of 2170 New World Drive where the road crosses the Norfolk Southern Railway. This project is to install a Section 130 grade crossing that was initiated by the ORDC and ordered to be installed by the Ohio Public Utilities Commission. These encroachments are located on the east and west side of New World Drive and the easements are described below and within 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 two active warning devices to extend into the public rights-of-way. Allowing this element to extend into the public right-of-way will allow for the compliance with the Ohio Public Utilities Commission requirements and for general public safety. A value of $500.00 for the encroachment easements was established.
2. Fiscal Impact
The City will receive a total of $500.00, to be deposited in Fund 7748, Project P537650, for granting the requested encroachments.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment located on the east and west side of New World Drive, to legally allow the two active railway warning devices to extend into the public rights-of-way. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from Norfolk Southern Railway Company, asking that the City allow two active warning devices to be installed on New World Drive to encroach into the public right-of-way. These encroachments consisting of two active warning devices that will extend into New World Drive right-of-way. This project is located just North West of 2170 New World Drive where the road crosses the Norfolk Southern Railway Company; and
WHEREAS, this project is to install a Section 130 grade crossing that was initiated by the ORDC and ordered to be installed by the Ohio Public Utilities Commission. These encroachments are located on the east and west side of New World Drive and the easements are described below and within 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 it to extend into the public rights-of-way site owner, Norfolk Southern Railway Company, and attached exhibit; to-wit:
3 Dimensional Encroachment Easement #1
From 32’± above and 7’± Below the ground at NAD 83 at 765.47’
12.50 SQ FT
The following described 12.50 SQ FT Easement is situated in the State of Ohio, County of Franklin, Township of Marion, in the Northeast quarter of Section 12, Township 4 North, Range 22 West, Congress Lands and being within the right-of-way of New World Drive (60’ right-of-way) as dedicated in PB 40 Pg. 106: Commencing at a capped 5/8 inch rebar “Jones Consultants” found on the easterly right-of-way line of said New World Drive, also being the westerly line of a 21.5 acre tract conveyed to 2222 New World Partners, LLC by Instrument Number 202408010077076 of the Franklin County recorder’s Office records, and having an Ohio State Plane Coordinate of N 692619.69 and E 1845465.10; Thence continuing along said easterly right-of-way line of New World Drive with a curve to the right having a radius of 420 feet, delta of 14° 44’ 36”, a curve length of 108.07 feet, a chord bearing N 26° 04’ 54” W, and a chord length of 107.78 feet to a point; Thence crossing said New World Drive S 71° 37’ 48” W, a distance of 7.28 feet to a point, said point being the POINT OF BEGINNING and having an Ohio State Plane Coordinate of N 692714.20 and E 1845410.81.
Thence continuing along the following four (4) courses and distances:
1. S 71° 37’ 48” W a distance of 3.50 feet;
2. N 18° 22’ 12” W a distance of 3.50 feet;
3. N 71° 37’ 48” E a distance of 3.50 feet;
4. S 18° 22’ 12” E a distance of 3.50 feet to the POINT OF BEGINNING, containing 12.50 SQ FT or 0.0002 acres, more or less, all of which is located within the right-of-way of New World Drive, and subject to all legal rights-of-way and easements of record. Also shown on Railway Drawing RA-2025-3.
The above-described area shall encompass a Railroad Signal which extends +/- 31 feet above the existing ground. The elevation of the existing ground at the proposed signal is 765.47’±. The easement described extends +/-7 feet below grade elevation and +/-32 feet above grade elevation.
Bearings contained herein are based on the southerly Norfolk and Western Rail Company right-of-way being N 55° 53’ 37” W, as referenced to the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011), Epoch 2010. This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey performed on 2/25/2025. For Mannik Smith Group.
3 Dimensional Encroachment Easement #1
From 32’± above and 7’± Below the ground at NAD 83 at 765.80’
12.50 SQ FT
The following described 12.50 SQ FT Easement is situated in the State of Ohio, County of Franklin, Township of Marion, in the Northeast quarter of Section 12, Township 4 North, Range 22 West, Congress Lands and being within the right-of-way of New World Drive (60’ right-of-way) as dedicated in PB 40 Pg. 106: Commencing at a capped 5/8 inch rebar “Jones Consultants” found on the easterly right-of-way line of said New World Drive, also being the westerly line of a 21.5 acre tract conveyed to 2222 New World Partners, LLC by Instrument Number 202408010077076 of the Franklin County recorder’s Office records, and having an Ohio State Plane Coordinate of N 692619.69 and E 1845465.10; Thence continuing along said easterly right-of-way line of New World Drive with a curve to the right having a radius of 420 feet, delta of 24° 14’ 41”, a curve length of 177.72 feet, a chord bearing N 21° 19’ 52” W, and a chord length of 176.40 feet to a point; Thence crossing said New World Drive N 55° 53’ 37” W, a distance of 56.65 feet to a point, said point being the POINT OF BEGINNING and having an Ohio State Plane Coordinate of N 692752.24 and E 1845354.02.
Thence continuing along the following four (4) courses and distances:
1. S 76° 28’ 58” W a distance of 3.50 feet;
2. N 13° 31’ 02” W a distance of 3.50 feet;
3. N 76° 28’ 58” E a distance of 3.50 feet;
4. S 13° 31’ 02” E a distance of 3.50 feet to the POINT OF BEGINNING, containing 12.50 SQ FT or 0.0002 acres, more or less, all of which is located within the right-of-way of New World Drive, and subject to all legal rights-of-way and easements of record. Also shown on Railway Drawing RA-2025-3. The above-described area shall encompass a Railroad Signal which extends +/- 31 feet above the existing ground. The elevation of the existing ground at the proposed signal is 765.80’±. The easement described extends +/-7 feet below grade elevation and +/-32 feet above grade elevation. Bearings contained herein are based on the southerly Norfolk and Western Rail Company right-of-way being N 55° 53’ 37” W, as referenced to the Ohio State Plane Coordinate System, South Zone, NAD 83 (2011), Epoch 2010. This description was prepared using documents of record, prior plats of survey and observed evidence located by an actual field survey performed on 2/25/2025.
For Mannik Smith Group
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.