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Home My WebLink AboutOrdinance 46-22 To: Members of Dublin City Council From: Megan D. O’Callaghan, City Manager Date: October 4, 2022 Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Brian D. Gable, P.E., Deputy Director of Engineering – Design & Construction Chris Huber, P.E., Civil Engineer II Philip K. Hartmann, Assistant Law Director Re: Ordinances 39-22 through 48-22 Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) SUMMARY As part of the Downtown Historic District beautification efforts, the City will be relocating the existing overhead utility lines along South High Street through the South High Street Utility Burial - Phase 1 Project (the “Project”), by installing underground electric (AEP) and telecommunication (Spectrum, AT&T, Breezeline, and Dublink) utilities to service the affected parcels. The Project consists of two phases as requested by AEP. The Phase 1 Project area includes Franklin Street south of West Bridge Street and the west side of South High Street between West Bridge Street and Short Street. The Phase 2 area includes the east side of South High Street and Blacksmith Lane between West Bridge Street and Short Street (see location map on page 4 of this memo). At the completion of the Project, all overhead utility lines and poles along South High Street will be removed between West Bridge Street and Short Street. Presently, this Project is planned to start construction in early 2023 and is anticipated to be complete by the late summer or early autumn of 2023. The Phase 1 underground improvements are scheduled to be performed in advance of the Franklin Street Improvements Project which includes road reconstruction, sidewalks, curb ramps, street lights, and street trees on Franklin Street between Sells Alley and Waterford Drive. The City engaged MS Consultants, Inc. as the acquisition agent for the Project. In that role, MS Consultants has been the point of contact, in addition to City staff, with the property owners on the Project. Presently, the City has reached agreement with ten (10) of the twenty three (23) affected parcels, with five (5) additional City of Dublin parcels requiring utility easements as well. The City has participated in good faith discussions with all twenty three (23) property owners and hopes to arrive at mutually agreeable terms with all property owners by the end of October 2022. Acquisitions City staff worked to minimize the size of needed acquisitions to reduce impacts to individual parcels as much as possible. A Good Faith Offer Letter, the appraisal report and associated information were provided to all property owners in July 2022. The property acquisitions are from both residential and commercial properties located within the Project area and consist of the following property interests from each of the named property owners, as depicted in the exhibits attached: Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) October 4, 2022 Page 2 of 4 Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Acquisition Cost Ord. 40-22 63 SOUTH HIGH, LLC, AN OHIO LIMITED LIABILITY COMPANY (63 S. High St.) 9-U 0.069-acre permanent easement 273-000092-00 $29,300 Ord. 39-22 JEFFREY P. BOLYARD AND BROOKE N. BOLYARD (60 Franklin St.) 10-U 0.001-acre permanent easement 273-000123-00 $800 Ord. 41-22 HOSPEL HOLDINGS, LLC, AN OHIO LIMITED LIABILITY COMPANY (87 S. High St.) 12-U 0.001-acre permanent easement 273-000005-00 $2,500 Ord. 42-22 91 S. HIGH ST. LLC, AN OHIO LIMITED LIABILITY COMPANY (91 S. High St.) 13-U 0.002-acre permanent easement 273-000104-00 $4,300 Ord. 43-22 ANDREW WAGES AND JANET WAGES, TRUSTEES OF WAGES FAMILY REVOCABLE TRUST DATED MAY 8, 2008 (86 Franklin St.) 14-U 0.001-acre permanent easement 273-000127-00 $1,100 Ord. 44-22 JON P. RIEGLE, SUCCESSOR TRUSTEE OF THE RUTH MOFFITT REVOCABLE LIVING TRUST, DATED THE 16TH DAY OF SEPTEMBER, 1996 (100 Franklin St.) 17-U 0.002-acre permanent easement 273-000131-00 $600 Ord. 45-22 ERIC B. PICKERING AND LUCY PICKERING 18-U 0.001-acre permanent easement 273-000133-00 $1,100 Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) October 4, 2022 Page 3 of 4 (126 Franklin St.) Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Acquisition Cost Ord. 46-22 RICHARD J. TOBEREN (119 S. High St.) 19-U 0.006 acre permanent easement 273-000075-00 $11,700 Ord. 47-22 ROBERT C. KARRER, JR., TRUSTEE OF THE ROBERT C. KARRER, JR. LIVING TRUST, DATED APRIL 2, 2002 (167 S. High St.) 22-U1 0.018-acre permanent easement 273-000046-00 $8,050 22-U2 0.001-acre permanent easement 22-T 0.001-acre temporary easement Ord. 48-22 RYAN DAMMANN AND CALLISTA DAMMANN (140 Waterford Dr.) 25-U 0.010 acre permanent easement 273-000798-00 $5,400 25-T 0.011 acre temporary easement These Ordinances authorize the City Manager to execute and accept on behalf of the City all necessary conveyance documents to formally acquire the necessary property interests from each property owner. RECOMMENDATION Staff recommends adoption of Ordinances 39-22, 40-22, 41-22, 42-22, 43-22, 44-22, 45-22, 46-22, 47-22 and 48-22 at the second reading/public hearing on October 24, 2022, as these ordinances authorize the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary property interests described above. Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) October 4, 2022 Page 4 of 4 Project Location Map LOCATION MAP PARCELS 9 - 19 SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 CIP 19-030 DUBLIN, OHIO 43016 DATE: 09-13-22 SCALE 1" = 50' 0 10050 R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W W R/WESMTESMTPID: 273-000133Eric Pickering & Lucy Pickering 126 Franklin StreetINST: 200912080177310 &200912080177311 .44 ACRESPID: 273-000131Ruth Moffitt, Trustee100 Franklin StreetINST: Civic Add Lot 11 .36 ACRESPID: 273-000129Shannon Marie Crone 94 Franklin StreetCivic Add Lot 9 .35 ACRESPID: 273-000127Andrew Wages, Trustee 86 Franklin StreetCivic Add Lot 7 .36 ACRESPID: 273-000125Alan P. Szuter 80 Franklin StreetCivic Add Lot 5.35 ACRESPID: 273-000005Hospel Holdings LLC 87 S High StreetINST: 200907170105163 .11 ACRESPID: 273-000123Jeffrey P. Bolyard 60 Franklin StreetCivic Add Lot 3 .35 ACRESPID: 273-000075Richard J. Toberen 119 S High StreetINST: 201805140063816 .18 ACRESPID: 273-000034U Crew Holdings, LLC 113-115 S High StreetINST: 20131016017520 .25 ACRESPID: 273-000070Gemlaw Properties 109 S High StreetINST: 201511020155169 .23 ACRESPID: 273-00010491 S High St, LLC 91 S High StreetINST: 201507230101032 .19 ACRESPID: 273-000007Philip S. Renaud II & Julie Seel Renaud 83 S High StreetINST: 201910170138370 .15 ACRESPID: 273-000035DPG Properties, III LLC 75 S High StreetINST: 201701100004667 .25 ACRESPID: 273-00009263 South High LLC 63 S High StreetINST: 201811090153256 .26 ACRES10 U 11 U 12 U13 U 14 U 15 U 16 U-2 16 U-1 18 U 19 U 17 U 9 U LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT 63 SOUTH HIGH 9-U - .069 AC BOLYARD 10-U - .001AC SZUTER 11-U - .002 AC HOSPELHOLDINGS 12-U - .001 AC 91 S HIGH 13-U - .002 AC WAGES 14-U - .001 AC CRONE 15-U - .002 AC U CREW HOLDINGS 16-U1 - .023 AC U CREW HOLDINGS 16-U2 - .002AC MOFFITT 17-U - .002 AC PICKERING 18-U - .001 AC TOBEREN 19-U - .006 AC MILL LANE FRANKLIN STREET S HIGH STREET PINNEYHILL LANE LOCATION MAP PARCELS 20 - 25 SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 CIP 19-030 DUBLIN, OHIO 43016 DATE: 09-13-22 SCALE 1" = 50' 0 10050R/WR/W R/W R/W R/W R/W R/W R/W R/W R/WR/WR/WESMTESMT ESMTESMTESMTESMTPID: 273-000015Lance Schneier &Sue Wood Schneier 143 S High Street .25 ACRESPID: 273-000106Elizabeth A. Whisler 155 S High StreetINST: 201210040149094 .25 ACRESPID: 273-000046 Robert C. Karrer Jr., Trustee 167 S High Street INST: 200207260183614 .85 ACRES PID: 273-000083 Timothy Bergwall 181 S High Street INST: 20170706009189 .47 ACRES PID: 273-000120 Harry G. Hirth, Trustee 150 Franklin Street INST: 200605040084846 .43 ACRES PID: 273-000142 Daniel G. Emmenegger, Jr. 140 Franklin Street INST: 201411030145476 .24 ACRES PID: 273-000798 Ryan Dammann & Callista Dammann 140 Waterford Drive INST: 201805290070416 .42 ACRES PID: 273-000174 Evelyn H. Wirchainski, Trustee 160 Franklin Street INST: 200010130208849 .43 ACRES PID: 273-000172 Diana L. Tout & Gerald A. Tout 172 Franklin Street INST: 201106130073767 .43 ACRES PID: 273-000135 Eric Pickering & Lucy Pickering Franklin Street .40 ACRES PID: 273-000075Richard J. Toberen 119 S High StreetINST: 201805140063816 .18 ACRESLEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT TOBEREN 20-U - .005 AC HIRTH 21-U - .006 AC HIRTH 21-T - .012 AC KARRER 22-U1 - .018 AC KARRER 22-U2 - .001 AC KARRER 22-T - .001 AC WARCHAINSKI 23-U - .015 AC WARCHAINSKI 23-T - .020 AC TOUT 24-U - .015 AC TOUT 24-T - .020 AC DAMMANNS 25-U - .010 AC DAMMANNS 25-T - .011 AC 25 T 24 T25 U 24 U 22 T 22 U-222 U-1 20 U 21 U 21 T 23 U 23 T MILL LANE S HIGH STREETWATERFORD DRIVE EXHIBIT A PARCEL 19-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 PERPETUAL EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, ABOVE AND BENEATH THE GROUND AND WHERE NECESSARY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SERVICE CONNECTIONS TO ALL ADJACENT LOTS AND LANDS. Being situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 3 of Daniel Wright’s Addition to Dublin as recorded in Plat Book 20, Page 519, and being part of the lands conveyed to Richard J. Toberen by deed of record in Instrument Number 201805140063816, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Commencing at the southwesterly corner of said Lot 3 and the northwesterly corner of Lot 4 of said Daniel Wright’s Addition, said point being on the easterly right of way of Mill Lane (22’ Wide) and the grantor’s westerly line; Thence along the grantor’s westerly line, the westerly line of Lot 3 and easterly right of way of Mill Lane, North 08° 03' 32" West for a distance of 4.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along the grantor’s westerly line, the westerly line of Lot 3 and the easterly right of way of Mill Lane, North 08° 03' 32" West for a distance of 8.00 feet to the grantor’s northwesterly corner and the southwesterly corner of lands conveyed to U Crew Holdings LLC by deed of record in Instrument Number 201310160175201; Thence leaving the easterly right of way of Mill Lane and the westerly line of Lot 3, along the grantor’s northerly line and the southerly line of said U Crew tract, North 81° 51' 08" East for a distance of 46.00 feet to a point; Thence, across the grantor’s property, South 08° 03' 32" East for a distance of 5.00 feet to a point; Thence continuing across the grantor’s property, South 81° 51' 08" West for a distance of 36.00 feet to a point; Thence continuing across the grantor’s property, South 08° 03' 32" East for a distance of 3.00 feet to a point; Thence continuing across the grantor’s property, South 81° 51' 08" West for a distance of 10.00 feet to the True Point of Beginning, containing 0.006 acres, more or less, all of which is within Auditor’s Parcel Number 273-000075. The bearings are based on the easterly right of way of Mill Lane being North 08° 03' 32" West as referenced to the Ohio State Plane Coordinate System, South Zone, NAD83 (2011 NSRS Adjustment). Subject to any easements, restrictions, covenants, ordinances or agreements of record. __________________________________ May 26, 2022 Nicholas J. Del Valle Date Professional Surveyor, Ohio License No. 8822 Korda/Nemeth Engineering, Inc. Daniel Wright's Addition to Dublin PB 20, PG 519 Richard J. Toberen 119 South High Street PID: 273-000075 Inst. 201805140063816 ⅊U Crew Holdings LLC 113 South High Street PID: 273-000034 Inst. 201310160175201 N 81°51'08" E 46.00'S 81°51'08" W 36.00'S 81°51'08" W10.00'N 08°03'32" W 8.00' S 08°03'32" E 5.00' S 08°03'32" E 3.00' N 08°03'32" W 4.00' P.O.B.P.O.C. Mill Lane (22' Wide) 131.41' 16 19 Lot 4, Part of Lot 3 Part of Lot 3John Wright Lane(16.5' Wide)Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 3 in Daniel Wrights Addition to Dublin, Plat Book 20, Page 519, as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 10 20 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 19-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 5-26-22 The bearing of S 08°03'32" E on the easterly right of way of Mill Lane is referenced to the State Plane Coordinate System, Ohio South Zone NAD 83 (NSRS 2011). Said bearings are based upon positional solutions derived from RTK GPS observations using the Ohio Department of Transportation Virtual Reference System Equipment. 0.006 ACRE (260.00 Sq. Ft.) EASEMENT 19-U PERPETUAL EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, ABOVE AND BENEATH THE GROUND AND WHERE NECESSARY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SERVICE CONNECTIONS TO ALL ADJACENT LOTS AND LANDS. LEGEND 0.006 ACRE (260.00 Sq. Ft.) EASEMENT 19-U CERTIFICATION: