header-left
File #: 0004-2010    Version: 1
Type: Ordinance Status: Passed
File created: 12/17/2009 In control: Public Service & Transportation Committee
On agenda: 2/1/2010 Final action: 2/4/2010
Title: To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant two Aerial encroachment easements for the proposed building window projections within those public rights-of-way needed for this Chittenden Avenue project.
Explanation
 
BACKGROUND
Two Aerial encroachments into the public rights-of-way were requested by EVII LLC during the plan development phase of Chittenden and Twelfth Avenues, Project. This project is located at 250-280 Chittenden Avenue. It is proposing a new four story mixed use building. The building will have retail and residential units.  The encroachments include window projections on the second, third, and fourth floors into the right-of-way of Chittenden Avenue. The development is planned to start construction this fall.  The following legislation authorizes the Director of the Department of Public Service to execute any documents necessary to grant encroachment easements for the proposed encroachments into the public rights-of-way.  Installation of the proposed building will retain the appearance and continuity of the neighborhood. A value of $1,000.00 was established for these two Aerial encroachment easements.
 
The City will receive a total of $1,000.00, to be deposited in Fund 748, Project 537650, for granting the requested Aerial encroachment easements.
 
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant two Aerial encroachment easements for the proposed building window projections within those public rights-of-way needed for this Chittenden Avenue project.
 
Body
WHEREAS, two Aerial encroachments into the public rights-of-way were requested by the EVII LLC during the plan development phase of this project; and
 
WHEREAS, the Aerial encroachments include window projections into the right-of-way of Chittenden Avenue; and
 
WHEREAS, A value of $1,000.00 was established for these two Aerial encroachment easements; and
 
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 Aerial encroachment easements; to-wit:
 
0.002 Acre Aerial Encroachment Easement
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 18, United States Military District and being part of the right-of-way for Chittenden Avenue and described as follows:
 
Beginning in the south line of "Dennison Summit Addition" as recorded in Plat Book 6, Page 15-A, the same being the north right-of-way line for Chittenden Avenue; being S 86° 08' 45" E, with said south line, the same being said north right-of-way line, 70.03 feet from a pk nail found at the southwest corner of Lot 60 of said "Dennison Summit Addition", in the east right-of-way line for a 20' Alley;
 
Thence S 86° 08' 45" E, with said north right-of-way line, 26.83 feet;
 
Thence across said right-of-way for Chittenden Avenue, the following courses;
 
S 03° 51' 15" W, 3.00 feet;
 
N 86° 08' 45" W, 26.83 feet;
 
N 03° 51' 15" E, 3.00 feet to the Point of Beginning, and containing 0.002 acre, more or less.
 
The above description was prepared by John C. Dodgion, P.S. 8069 of Advanced Civil Design, Inc. on 27, March 2009 and is based on existing records and an actual field survey performed in April 2008. A drawing of the above description is attached hereto and made a part thereof.
 
All references used in this description can be found at the Recorder's Office, Franklin County, Ohio.  Bearings are based on the Ohio State Plane Coordinate System per NAD83, South Zone (1986 Adj.).
 
The easement area herein is between an elevation of: 11.50 feet above existing sidewalk grade to 34.50 feet above existing sidewalk grade. Existing sidewalk grade is that grade which exists per the latest date of the attached drawing.
 
 
0.002 Acre Aerial Encroachment Easement
 
Situated in the State of Ohio, County of Franklin, City of Columbus, Quarter Township 4, Township 1, Range 18, United States Military District and being part of the right-of-way for Chittenden Avenue and described as follows:
 
Beginning in the south line of "Dennison Summit Addition" as recorded in Plat Book 6, Page 15-A, the same being the north right-of-way line for Chittenden Avenue; being N 86° 08' 45" W, with said south line, the same being said north right-of-way line, 20.26 feet from a pk nail found at the southeast corner of Lot 55 of said "Dennison Summit Addition", in the west right-of-way line for a 20' Alley;
 
Thence across said right-of-way for Chittenden Avenue, the following courses;
 
S 03° 51' 15" W, 3.00 feet;
 
N 86° 08' 45" W, 26.83 feet;
 
N 03° 51' 15" E, 3.00 feet to said north right-of-way line;
 
Thence S 86° 08' 45" E, with said north right-of-way line, 26.83 feet to the Point of Beginning, and containing 0.002 acre, more or less.
 
The above description was prepared by John C. Dodgion, P.S. 8069 of Advanced Civil Design, Inc. on 27, March 2009 and is based on existing records and an actual field survey performed in April 2008. A drawing of the above description is attached hereto and made a part thereof.
 
All references used in this description can be found at the Recorder's Office, Franklin County, Ohio.  Bearings are based on the Ohio State Plane Coordinate System per NAD83, South Zone (1986 Adj.).
 
The easement area herein is between an elevation of: 11.50 feet above existing sidewalk grade to 34.50 feet above existing sidewalk grade. Existing sidewalk grade is that grade which exists per the latest date of the attached drawing.
 
Section 2.  That this ordinance shall take effect and be in force from and after the earliest period allowed by law.