Explanation
1. Background
The City of Columbus, Department of Public Service, received a request from the property owner, 1191 North High Street LLC, asking that the City allow an encroachment into the public right-of-way for their project known as The Garden Theater located near the Southwest corner of North High Street and West Fifth Avenue. This project is to restore the building and marquee awning. The encroachment will consist of one awning that will protrude into the public right-of-way as described below and shown on 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 this encroachment to legally allow it to extend into the public rights-of-way. Installation of this building element will enhance the building and fit into the architectural desire. A value of $500.00 for the encroachment easement was established.
2. Fiscal Impact
The City will not expend funds in granting this encroachment. The City will receive a total of $500.00 to be deposited in Fund 7748, Project P537650, for granting the requested encroachment.
Title
To authorize the Director of the Department of Public Service to execute those documents necessary for the City to grant an encroachment within the public right-of-way to 1191 North High Street LLC for their project known as The Garden Theater. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, received a request from the property owner, 1191 North High Street LLC, asking that the City allow an encroachment into the public right-of-way for their project known as The Garden Theater located near the Southwest corner of North High Street and West Fifth Avenue; and
WHEREAS, this project is to restore the building and marquee awning. The encroachment will consist of one awning that will protrude into the public right-of-way as described below and shown on the attached exhibit; and
WHEREAS, the following legislation authorizes the Director of the Department of Public Service to execute those documents necessary for the City to grant this encroachment to legally allow them to extend into the public rights-of-way. Installation of this building element will enhance the building and fit into the architectural desire; and
WHEREAS, a value of $500.00 for the encroachment easement was established; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Service is authorized to execute those documents necessary for the City to grant this encroachment to legally allow it to extend into the public rights-of-way as described below and depicted on the attached exhibit; to-wit:
AERIAL ENCROACHMENT EASEMENT
BETWEEN ELEVATIONS 763.5’ AND 771.5’ (NAVD88)
0.005 ACRE
Situate in the State of Ohio. County of Franklin, City of Columbus, being a part of Lots 4, 5 and 6 of Taylor’s Addition as is numbered and delineated on the recorded plat thereof, of record in Plat Book 3, Page 412, being a strip on, over and across the right-of-way of North High Street, to extend between elevations 763.5 and 771.5 (NAVD88), all records being of the Recorder’s Office, Franklin County, Ohio, unless otherwise noted and being more particularly bounded and described as follows:
COMMENCING at the intersection of the west line of North High Street, 86 feet wide, as established by City of Columbus Ordinance Number 28795 on June 14, 1915 and the south line of West Fifth Avenue, 60 feet wide;
Thence, along the west line of North High Street, South 10 degrees 00 minutes 00 seconds East, 155.5 feet to the TRUE POINT OF BEGINNING of the parcel herein intended to be described, being in the east line of a parcel conveyed to 1191 North High Street LLC in Instrument Number 200705310094861, Parcel I;
Thence, across North High Street the following three (3) courses:
1. North 80 degrees 00 minutes 00 seconds East, 8.00 feet;
2. South 10 degrees 00 minutes 00 seconds East, 28.00 feet;
3. South 80 degrees 00 minutes 00 seconds West, 8.00 feet to the west line of North High Street and the east line of said 1191 North High Street LLC parcel;
Thence, along the west line of North High Street and part of the east line of said 1191 North High Street LLC parcel, North 10 degrees 00 minutes 00 seconds West, 28.00 feet to the TRUE POINT OF BEGINNING, CONTAINING 0.005 ACRES.
Basis of bearings is assumed to be North 10 degrees 00 minutes 00 seconds West on the west line of North High Street.
Basis of elevations is referenced to NAVD88. Source benchmark is COC 82 = 748.54’.
Myers Surveying Company, Inc.
SECTION 2. The City will receive a total of $500.00 to be deposited in Fund 7748, Project P537650, for granting the requested encroachment.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.