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HomeMy WebLinkAboutOrdinance 079-18Dayton Legal Blank, Inc. Ordinance No. 79-18 RECORD OF ORDINANCES Passed. Form No. 30043 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT A 0.289 -ACRE PERPETUAL PUBLIC UTILITY AND SHARED -USE PATH EASEMENT FROM THE BOARD OF EDUCATION OF THE DUBLIN SCHOOL DISTRICT FROM THE PROPERTY LOCATED AT 4295 BRIGHT ROAD FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW CUL-DE-SAC, CONSTRUCTING SANITARY SEWER LINES, WATER LINE EXTENSIONS, AND A SHARED -USE PATH. WHEREAS, the City of Dublin (the "City' and Water Line Extensions — Areas 4A, 4B1 "Project'; and is preparing to construct the Sanitary Sewer 4C, and Bright Road Cul -De -Sac Project (the WHEREAS, the Project requires that the City obtain a perpetual public utility and shared - use path easement from the parcel identified as Franklin County Parcel Number 273- 008386-00, owned by the Board of Education of the Dublin School District ("Grantor'), as described in the attached Exhibits A and depicted in the attached Exhibits B; and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary property interest for the sum of $17,350.00, which is the appraised value of the property interest; and WHEREAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED by th Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute and accept all necessary documents to acquire the 0.289 -acre perpetual public utility and shared -use path easement from the Board of Education of the Dublin School District, for the appraised value of $17,350.00, as more fully described and depicted in the attached Exhibits. Section 2. Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance without further legislation being required. Section 3. This Ordy ake effect in accordance with 4.04(b) of the Dublin Revised Charter. Pass d is�d U�11tib,�l�2018. Mayor — Presioigfg ATTEST: Clerk of Council Ordinance 79-18 Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone; 614-410-4400 • Fax, 614-410-4490 III 1=111 11� To: Members of Dublin City Council From: Dana L. McDaniel, City Mana Date: October 30, 2018 Initiated By, Megan D. O'Callaghan, P.E., Public Works Director Kenneth B. Richardson, P.E., P.S., Senior Civil Engineer Philip K. Hartmann, Assistant Law Director Rei Ordinance No, 79-18 Acquisition of Basements — Dublin City Schools Sanitary Sewer and Water Dine Extensions -- Areas 4A, 4B, 4C (18.019-CIP, 18.020-CIP) BACKGROUND On December 7, 2015, Dublin City Council adopted a policy regarding public water and sanitary sewer utility extensions to areas that do not currently have access to these public services. The policy outlines a process by which the City of Dublin ("City's will identify, prioritize and implement the design and construction of public utility service extensions, The City has developed a conceptual 15 -year plan for extending water and sanitary sewer lines to developed properties within City limits. The Sanitary Sewer and Water Line Extensions — Areas 4A, 48, 4C and Bright Road Cul -De -Sac Project (the "Project") is the second project to be implemented from the 15 -year implementation plan, as depicted on the attached Location Map. The first project is currently in the final stages of construction on Bellaire Avenue and Limerick Lane (Areas 11A and 11B). The utility service extension portion of the Project is authorized in the 2018-2022 Capital Improvement Program (CIP). The Bright Road Cul -De -Sac portion of the Project provides for the construction of a cul-de- sac to be located east of Riverside Drive and has been planned as a roadway construction project since 2009. The construction of the cul-de-sac was deferred until the completion of Emerald Parkway and the traveling public became familiar with the new section of Emerald Parkway, With the adoption of the public utility service extension policy, the Riverside Drive and Bright Road intersection was going to be impacted by the future sanitary sewer and water line extension work. The design and construction of the Project was optimized and overall construction time period reduced by combining the utility extensions work and the Bright Road cul-de-sac roadway construction into one project. The utility service extension portion of the Project extends water lines at these three locations: the 12 -inch water line presently located along Riverside Drive south from Hanna Hills Drive to Bright Road; a new 8 -inch water line along Bright Road from Riverside Drive to Emerald Parkway; and then a new 8 -inch water line along Grandee Cliffs Drive and a 2 -inch water line along Jenmar Court. Additionally, the Project extends an 8 -inch sanitary sewer line at these three locations: along Bright Road from Riverside Drive to the east approximately 1,200 feet (top of the hill); along Grandee Cliffs Drive and Jenmar Court and along Bright Road from Grandee Cliffs Drive to the east Ord, 79-18 - Acquisition of Casements — Dublin City Schools Sanitary Sewer and Water Line Extensions — Areas 4A, 4131 4C (18-019-CIP,18-020-CIP) October 30, 2018 Page 2 of 3 approximately 190 feet; and along Bright Road west of Macbeth Drive approximately 560 feet. The water line extension portion of this Project will serve 48 existing parcels of which 43 parcels have an existing well, while the sanitary sewer extension portion will serve 43 existing parcels of which 38 parcels currently have various types of existing home sewage treatment systems (HSTS), The Project requires the acquisition of property interest from 18 property owners along Riverside Drive, Bright Road, and Grandee Cliffs Drive, The City has participated in good faith discussions and hopes to arrive at mutually agreeable terms with the property owners, The practice for public water and sanitary sewer utility extensions requests that property owners donate to the City the perpetual utility easements needed to construct and maintain the utility extensions. A Good Faith Offer Letter, along with the appraisal report and associated information, were recently provided to the Dublin City Schools in September 2018, ACQUISITIONS The property acquisition consists of the following property interests from the Board of Education of the Dublin City School District, as depicted in the map attached. Property Parcel Property Interests and Auditor Acquisition Owner(s) I Number I Acreage Parcel TD Price mm� ._.�. � Number Board of Education 1-U+ _. �_..._.__....�.. Perpetual Public Utility and 273-008386-00 $17,350 of the Dublin City Shared -Use Path School District Easement, 0,289 acre j � I The City has participated in good faith discussions with the Dublin City Schools, The undeveloped school property (Parcel 12) was appraised to determine the fair market value of the proposed utility easement. Dublin City Schools will be compensated for their utility easement property interests since the easement is located outside of the designated unserved areas. The good faith discussions with the Dublin City Schools have resulted in mutually agreeable terms for the acquisition of the utility easement property interest for the appraised value of $17,350° The Dublin City Schools will be required, at its expense, to construct a shared -use path along the Bright Road frontage in conjunction with the development of this parcel, The Dublin City Schools also discussed with City staff the desire to provide school zone flashers on Emerald Parkway at the recently opened Emerald Campus, The Dublin City Schools requested the City procure and install the equipment and the City agreed, The costs associated with the City's purchase of the equipment and installation are $18,220. As a result of these negotiations, the Dublin City Schools will reimburse the City $870, which is the net difference in costs associated with these items, This Ordinance authorizes the City Manager to execute all necessary conveyance documents and contracts to formally acquire the necessary property interest from the Board of Education of the Dublin City School District, Ord, 79.18 - Acquisition of Easements — Dublin City Schools Sanitary Sewer and Water Line Extensions — Areas 4A, 461 4C (18-019-CIP,18.020�CIp) October 30, 2018 Page 3 of 3 The remaining properties involved with the project have separate legislation to appropriate the necessary property interests. RECOMMENDATION Staff recommends adoption of Ordinance No, 79-18 at the second reading/public hearing on !November 19, 2018, as this ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary property interests described above. ON 0011:311 rel Parcel 12-U SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C AND BRIGHT ROAD CUL-DE-SAC PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM DRAINAGE, SHARED -USE PATH, AND GRADING IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO Situated in the City of Dublin, County of Franklin, State of Ohio, also being a part of Lot 12, Section 2, Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax parcel number 273-008386, a 18.093 acre tract, the residual of a 19.62 acre tract as conveyed to Board of Education of the Dublin School District as described in Official Record 12384 J-12, being more particularly described as follows: Beginning at the intersection of the southerly right-of-way line of Bright Road (County Road No. 166, 35' right-of-way) and the westerly property line of said 18.093 acre tract, said point being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along a line through said 18.093 acre tract and along the southerly right-of-way line of Bright Road, South 760 15' 51"East fora distance of270.94'to a point, thence, Along a line through said 18.093 acre tract and along the southerly right-of-way line of Bright Road, South 840 35' 29" East for a distance of 296.51' to a point along the easterly line of said 18.093 acre tract, thence, Along a portion of the easterly line of said 18.093 acre tract, South 030 19' 31" West for a distance of 20.01'to a point, thence, Along a line through said 18.093 acre tract, North 840 35' 29" West fora distance of333.22'to a point, thence, Along a line through said 18.093 acre tract, North 760 15' 51" West fora distance of 233.34'to a point along the westerly line of said 18.093 acre tract, thence, Along a portion of the westerly line of said 18.093 acre tract, North 020 39' 29" East for a distance of 25.47'to the point of beginning, containing 0.289 acres of land, more or less. Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), with a portion of the centerline of Bright Road being South 760 15'51" East based on a GPS survey utilizing CORS Station "COLB". Subject to any easements, restrictions, covenants, ordinances or agreements of record /PSE 0 F O,y/o MICHAEL L. _ K 9788 8/29/18 Michael L. Ke ler Date �G Professional Surveyor, Ohio License No. 7978 INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES LOT 12, SEC 2, TWP 2, R 79 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO BASIS OFBEAR/NGS BEARINGSAREBASED ON THE STA TEPLANECOORDINATE SYSTEM, OHIO SOUTHZONE (NA083-NSRS2007) WITHA PORTION OF THE CENTERLINE OF BRIGHT ROAD BEING S 760 15'51"EBASED ONA GPS SURVEY UTILIZING CORS STATION "COLE". 0 273-006618-00 DAVID HA/MBAUGH 4338 BRIGHT RD IN. 200112260301047 PARCEL 1 10.734ACRES (RESIDUAL) _ P.O.B. J�IRV 816° f3�5>E 233. ---� 11 273-008362-00 GREGORYBROWN 4,321 BRIGHTRD IN. 200412200287029 0.803ACRES r,5, OF Oti Gj O P/L l 273-008410 00 DOUGLAS CUSHMAN 4300 BRIGHT RD IN. 201211160175089 t4 0.866ACRES 7 W-35 29W- 3332? 12-U PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM DRAINAGE, SHARED -USE PATH, AND GR4DING 0.289ACRES 1z 273-008386-00 BOARD OFEDUCATION OF THEDUBLIN SCHOOL DISTRICT 4295BRIGHTRD OR 12384.612 19.62ACRES (DEED) 18.093ACRES (RESIDUAL) 273-008766-00 TRUSTEE ROBERTA B. CORE 4254 BRIGHT RD IN. 200409280225876 L574ACRES JOHN MCKITRICK 0 BRIGHT RO OR 120181--13 18.029ACRES MICHAEL L. KELLER OHIO PROFESSIONAL SURVEYOR N0. 7978 20.01, DATE EXHIBIT B PROJECTNO. 170474.000 PARCEL 12-U CA TE.' a29/1s _ CML ENGINEERING SURVEYING SURVEYING SANITARY SEWER scuE-' +"_ 100' AND WATER LINE _ MCHIlECMRE.com EXTENSIONS -AREAS o so 1100 200 THE KLEI NGERS M Min9b�Rd 4A, 4B, 4C AND SHEETNO. GROUP B,V3�MI4N,j,'OH63082 BRIGHT ROAD 1 OF 1 CUL-DE-SAC PID: 273-008618 M o O N R CC P/D: 273-008696 PID: 273-008697 PID: 273-008698 PID: 273-008699 R PID: 273-008752 PID: 273-008673 PID.' 273-008738 PIDj- 273- 008740 JENMAR - COURT ID: 273- 008741 DATE: 09/04/2018 t 'Z-':� ..- 0o W o > cfl O N N WI ^ N ww - -------a _ BRIGHT ROAD a a � R R � 12 273-008386-00 BOARD OF EDUCATION OF THE DUBLIN SCHOOL DISTRICT 4295 BRIGHT RD OR 12384 J-12 19.62 ACRES (DEED) 18.093 ACRES (RESIDUAL) 7c*ity of Dublin OHIO, USA 5 14 5 13 273-008736-00 JOHN w MCKITR/CK 0 BRIGHT RD OR 12018/--13 18.029ACRES N 0 0 C N O 2 w 273-008598-00 CHARLES R. JOHNSON JR, TRUSTEE 4163 BRIGHT RD IN. 200309180298473 1.361 ACRES vo 15 15 273-008380-00 BORROR REAL TY COMPANY (50% INTEREST) OR 8775 F-01 OR 26466 A-15 CATHOLIC DIOCESE OF COLUMBUS (50% INTEREST) DB 2961 PG 661 nR PID .• 273-012353 12-U, 13-U, 14-U, AND 15-U LOCATION EXHIBIT SANITARY SEWER AND WATERLINE EXTENSIONS - AREAS 4A, 413, 4C AND BRIGHT ROAD CUL-DE-SAC DUBLIN, OHIO 43016 I Mr±c:Kin D 7: 273-008610 PROPOSED PERPETUAL PUBLIC EASEMENT B.O.E. DUBLIN SCHOOL DISTRICT 12-U: 0.289 Ac. MCKITRICK 13-U: 0.216 Ac. JOHNSON 14-U: 0.044 Ac. BORROR REALTY CO 15-U: 0.212 Ac. SCALE: V= 200' o 100 200 400 e 65{ DATE: 08/16/2018 7c*ityof Dublin OHIO, USA i LU coI �a RIGHTRD BRIGHT RD _ co { I *LL LUUJ o I� r > i A .- - 0—. -1-270 - --- -- �- EMERALD PAR WAY LOCATION MAP SANITARY SEWER AND WATERLINE EXTENSIONS - AREAS 4A, 413, 4C AND BRIGHT ROAD CUL-DE-SAC 1-270 / I F(;FNn PROP. SANITARY SEWER PROP. WATER LINE PROP. CUL-DE-SAC AREA BOUNDARY SCALE: V= 400' o 200 400 800 0 E CL m