Explanation
1. Background
The City‘s Department of Public Service received a request from both 155 SPE, LLC, a Delaware limited liability company (“155 SPE”) and Broyo, LLC, an Ohio limited liability company (“Broyo”), the titled owners of properties located at 155 E. Broad Street and 195 E. Broad Street respectively, and both of which abut East Capital Street. The request is to allow certain encroachments in the public right-of-way.
The project consists of work generally located on East Capital Street pursuant to design plans known as 3966 Dr. E and 3947 Dr. E (“Plans”). The encroachments consist of enhancements to an existing elevated walk way, which will be modified and extended, a proposed lift, and other elements and enhancements as shown and detailed within the Plans. The existing elevated walk way was permitted in the public right of way pursuant to ordinance numbers 17-81 and 83-74, as well as Easement No. 10, recorded in Vol. 3399, Pg. 799 (Instrument No. 197403120004744), Recorder’s Office, Franklin County, Ohio.
The following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City and 155 SPE and Broyo, as the successors in interests to the real properties previously owned by Ohio National Properties and BancOhio, Inc., to release and terminate the rights of a certain permanent Easement, Easement No. 10, recorded in Volume 3399, Page 799, (Instrument No. 197403120004744), Recorder’s Office, Franklin County, Ohio, pursuant to Ordinance 83-74, and any permit or rights of occupancy, as authorized by Ordinance 17-81, passed on January 19, 1981, and to grant replacement encroachment easement(s) to allow the new and updated items to extend and/or remain in the public right of way. Allowing 155 SPE and Broyo to construct, improve, modify and maintain the encroachments will enhance the walk way by extending the walkway in a westerly direction allowing the walkway to connect street level p...
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