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HomeMy WebLinkAboutResolution 078-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 78-17 Passed , 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER OF AGREEMENT WITH THE CITY OF COLUMBUS RELATED TO THE FRA TUTTLE CROSSING EXTENSION PROJECT. WHEREAS, the City of Dublin (the "City's is preparing to construct the Tuttle Crossing Extension Project (the "Project"); and WHEREAS, the City, through the Engineering Department, is serving as the lead agency for the Project, and will be purchasing all required right-of-way needed for all improvements associated with the Project; and WHEREAS, the Project extends into the corporate limits of the City of Columbus; and WHEREAS, as the lead agency for the Project, the City will also be acquiring necessary right-of-way in the City of Columbus corporate limits in the name of the "City of Dublin, Ohio;" and WHEREAS, in the event that appropriation is required, the City will file and litigate all right-of-way acquisitions required of the Project within the City of Columbus corporate limits; and WHEREAS, the City is also responsible for the payment of all costs associated with the purchase of the land and consultant fees for those parcels located within the City of Columbus corporate limit; and WHEREAS, the City of Columbus will maintain the improvements within its jurisdiction after the Project is complete, subject to any future boundary adjustments; and WHEREAS, pursuant to requirements established by the Ohio Department of Transportation, the City Manager must execute a letter agreement with the City of Columbus outlining the City's responsibility for this Project within the City of Columbus corporate limits. NOW, THEREFORE, BE IT RESOLVED by the Coun i f the City of Dublin, Counties of Delaware, Franklin, and Union, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a letter of agreement between the City of Columbus and the City of Dublin for the acquisition of right-of-way related 'to the Project in substantially the same form as attached, with changes not inconsistent with this Resolution and not substantially adverse to this City and which shall be approved by the City Manager. The approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. Section 2. This Resolution shall be effective upon passage in accordance with Sectio 14.04(a) of the Revsed Charter. Pass this �y of ✓u(7V�.'�y(,�o�!/ , 2017. Mayor — Presiqiyfg Offer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway •Dublin, OH 43017-1090 City of Dublin Phone: 614.410.4400 •Fax: 614.410.4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Mana Date: November 2, 2017 Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer Jean -Ellen Willis, PE, Engineering Manager - Transportation Memo Re: Resolution 78-17 -Authorizing the City Manager to Enter into a Letter Agreement with the City of Columbus for the FRA -Tuttle Crossing Boulevard Extension and Avery Road Widening Project, Phase 1 (ODOT PID No. 99815) Background Dublin staff has been working to complete detailed construction drawings and right-of-way plans for the FRA —Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1 project. The project is advancing and has received right-of-way acquisition authorization from the Ohio Department of Transportation (ODOT) to commence right-of-way activities. As the City of Dublin is the lead agency for this project, it is Dublin's responsibility to acquire all necessary right-of-way for the project. This project will require land from the City of Dublin and six other owners with properties located within the City of Columbus, and, as such, requires Dublin to enter into a Letter Agreement with the City of Columbus to acquire needed acreage within the Columbus jurisdiction. The property owners are shown below in Figure 1 and listed on page 2. Figure 1: Affected Property Owners located in the City of Columbus Memo re. Resolution 78-17 — MOA with Columbus for FRA - Tuttle Crossing Bld. Extension/Avery Road Widening Project, Phase 1 November 3, 2017 Page 2 of 2 The affected property owners are: 1. Avery Brooke, LLC 2. City of Columbus 3. Gage Crossing IL LLC 4. Edwards Avery Road,, LLC 5. City of Dublin 6. The Orchard at Wilcox,, LTD 7. Thomas A. McDowell The cost of the right-of-way acquisition is part of the overall project cost and is included in the adopted 2018-2022 Capital Improvements Program. Total right-of-way acquisition costs are budgeted to be $5,400,000. Currently, the project is planned to be funded through service payments from the Rings/Frantz TIF and an advance from the General Fund. Staff recommends adoption of Resolution 78-17, Authorizing the City Manager to enter Into a Letter of Agreement with the City of Columbus for the FRA - Tuttle Crossing Boulevard Extension and Avery Road Widening Project, Phase 1 (ODOT PID No. 99815). 2017 Jennifer Gallagher, P.E., Director City of Columbus Department of Public Service 50 West Gay Street Columbus, OH 43215 Subject: PID #99815, FRA -Tuttle Crossing Extension Dear Ms. Gallagher: This letter shall serve as an understanding regarding acquiring right-of-way for the City of Dublin project, PID #99815, FRA -Tuttle Crossing Extension (the "Project'), and shall serve to clarify some additional details. • The City of Dublin, through the Engineering Department, shall serve as the lead agency for the improvements for the Project. • The City of Dublin shall purchase all required right-of-way needed for said improvements as detailed in the right-of-way plans associated with said Project, including those right-of-way purchases within the City of Columbus' corporate jurisdiction. Deeds shall be acquired in the name of "City of Dublin, Ohio". • All temporary easements shall be acquired in the name of "City of Dublin, Ohio" and maintained on file within the City of Dublin throughout the duration of the time described in the easements. • The City of Dublin's Engineering Department shall be selling and awarding the Project to a contractor. • In the event that appropriation is required, the City of Dublin shall file and litigate all right-of- way acquisitions required of the Project within the City of Columbus corporate jurisdiction. • The City of Dublin shall pay for all costs associated with the purchase of the land and consultant services fees for those parcels located within the City of Columbus corporate jurisdiction. • Improvements will be maintained by the City of Columbus within their jurisdiction, subject to future boundary adjustments, except, however, the City of Dublin will be responsible for all drainage facilities as part of the project, including the drainage facilities located in 14A SH, regardless of jurisdiction. Acknowledged and concurrence as indicated by: CITY OF COLUMBUS Jennifer Gallagher, P.E., Director Department of Public Service CITY OF DUBLIN Dana McDaniel, City Manager City of Dublin Date Date