Explanation
BACKGROUND
The City’s Department of Public Service received a request from Westar Neighborhood Retail Center, LLC, an Ohio limited liability company (“Westar”), requesting the City allow for decorative hardscape, landscaping, and wall/piers to encroach into the southeastern portion of the public right-of-way intersection of Olde Worthington Road (County Rd. 13) and Polaris Parkway (collectively, “Encroachments”). The Encroachments are part of Westar’s adjacent development project located at 807 Polaris Parkway, Columbus, Ohio 43240. The Department of Public Service reviewed Westar’s request for the Encroachments to encroach into a portion of the public right-of-way and supports quit claim granting encroachment easement rights to Westar in consideration and support of Westar’s development project known as the Westar Neighborhood Retail Center. Accordingly, this legislation authorizes the director of the Department of Public Service to execute those document(s), as approved by the City Attorney, necessary for the City to quit claim grant easement rights to Westar allowing for the Encroachments to be constructed and maintained into the southeast portion of the public right-of-way intersection of Olde Worthington Road (County Rd. 13) and Polaris Parkway.
CONTRACT COMPLIANCE NUMBER: Not applicable.
FISCAL IMPACT: Not applicable
EMERGENCY JUSTIFICATION: Emergency action is requested to allow for Westar to complete its development without unnecessary delay, which will preserve the public peace, health, property, safety, and welfare.
Title
To authorize the director of the Department of Public Service to execute those document(s), as approved by the City Attorney, necessary for the City to quit claim grant easement rights to Westar Neighborhood Retail Center, LLC, an Ohio limited liability company, in order to construct certain encroachments into the southeastern portion of the public rights-of-way intersection of Olde Worthington Road (County Rd. 13) and Polaris Parkway, and to declare an emergency. ($0.00)
Body
WHEREAS, it is in the City’s best interest to authorize the director of the Department of Public Service to execute any instrument(s) necessary to quit claim grant to Westar Neighborhood Retail Center, LLC, an Ohio limited liability company (i.e. Westar), easement rights into the southeastern portion of the public right-of-way intersection of Olde Worthington Road (County Rd. 13) and Polaris Parkway in order to construct and maintain decorative hardscape, landscaping, and wall/piers (i.e. Encroachments);
WHEREAS, it is in the City’s best interest to quit claim grant Westar easement rights for the Encroachments in consideration and support of Westar’s development project known as the Westar Neighborhood Retail Center;
WHEREAS, it is in the City’s best interest for the City Attorney to approve all document(s) associated with this legislation; and, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. The director of the Department of Public Service is authorized to execute those document(s) necessary to quit claim grant easement rights to Westar Neighborhood Retail Center, LLC, an Ohio limited liability company (i.e. Westar), and its successors and assigns, in order to construct and maintain decorative hardscape, landscaping, and wall/piers to encroach within the following described southeastern portion of the public right-of-way intersection of Olde Worthington Road (County Rd. 13) and Polaris Parkway, which is also described and depicted in the corresponding two (2) page attachment, Exhibit-A , and fully incorporated into this ordinance for reference:
0.110 Acre Encroachment Easement
Situated in the State of Ohio, County of Delaware, City of Columbus, being part of Farm Lot 18, Quarter Township 4, Township 3, Range 18, United States Military Lands, being 0.110 acres out of Farm Lot 18, being 0.110 acres out of the City of Columbus dedicated right-of-way of record in Plat Book 24, Page 137, and being more particularly described as follows:
COMMENCING for reference at the intersection of the centerline of Olde Worthington Road (County Road 13) and the common line of Farm Lot 17 and Farm Lot 18 and being on the southeast line of said City of Columbus dedicated right-of-way;
Thence North 86°39’42” West, a distance of 37.35 feet with the common line of said Farm Lots 17 and 18, to the original northwest right-of-way line of said Olde Worthington Road and being on the corporation line of the City of Columbus as shown in Ordinance Number 3310-90 of record in Plat Book 24, Page 83;
Thence South 39°54’21” West, a distance of 32.84 feet with the original northwest right-of-way line of said Olde Worthington Road and with the corporation line of said City of Columbus, to the TRUE POINT OF BEGINNING of the tract to be described;
Thence South 39°54’21” West, a distance of 160.68 feet continuing with the original west right-of-way line of said Olde Worthington Road and with the corporation line of said City of Columbus, to a point;
Thence crossing said City of Columbus dedicated right-of-way with the following four (4) courses and distances:
1) North 12°26’56” East, a distance of 43.20 feet, to a point;
2) North 07°05’51” East, a distance of 52.13 feet, to a point;
3) With the arc of a curve to the right having a radius of 33.01 feet, a central angle of 80°16’07”, a chord bearing of North 47°23’22” East, a chord distance of 42.55 feet, and an arc length of 46.24 feet, to a point;
4) North 89°27’08” East, a distance of 56.01 feet, to the TRUE POINT OF BEGINNING containing 0.110 acres of land, more or less.
Basis of Bearing: Bearings are based on data acquired by GPS observations as per NAD 83 (1995)-Ohio State Plane Coordinate System-North Zone from the Delaware County Geodetic Control Monumentation.
The above description is based on and referenced to an exhibit titled “Exhibit of a 0.110 Acre Wall, Sidewalk & Landscape Easement” prepared by CT Consultants, attached hereto and made a part hereof. All references are to the records of the Recorder’s Office, Delaware County, Ohio.
SECTION 2. The City Attorney is required to approve all documents(s) associated with this ordinance prior to the director of the Department of Public Service executing and acknowledging any of those document(s) on behalf of the City.
SECTION 3. For the reasons stated in the preamble of this ordinance, which are made a part of this ordinance, this ordinance is declared an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor, or ten (10) days after this ordinance’s passage if the Mayor neither approves nor vetoes this ordinance.