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HomeMy WebLinkAboutOrdinance 54-22 To: Members of Dublin City Council From: Megan D. O’Callaghan, City Manager Date: October 18, 2022 Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer Paul A. Hammersmith, PE, Director of Engineering/City Engineer Jean-Ellen Willis, PE, Director of Transportation and Mobility Re: Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property Located at 8218 Riverside Drive Summary In the fall of 2021, Nhung Ngo (the “Owner”) purchased six lots in Block Five (5) of the O’Shaugnessy Hills Subdivision (see attached Location Map) with an assigned address of 8218 Riverside Drive. The Owner purchased the lots with the intent to construct a single family residential home on the two lots immediately adjacent to Riverside Drive as depicted on the attached Plot Plan. Originally, the driveway to the proposed new home was to be from Arrowhead Drive and located within an easement on property owned by Laura C. Blumenstiel. Unfortunately, the Owner was not able to secure the needed easement for the driveway and was forced to find another location for the driveway. On August 16, 2022, the Owner met with City staff to discuss alternative driveway locations to her property. While direct access to Riverside Drive could not necessarily be denied by the City, it was not preferred in the interest of minimizing the number of driveways onto Riverside Drive. Additionally, since an unimproved street into the O’Shaungnessy Hills subdivision known as Maumee Drive is located immediately north of the property, the potential existed where two points of access onto Riverside Drive could be located within a short distance of each other creating a potential safety issue for those using Riverside Drive. Presently, the City has no plans or intention of constructing a public street within the 50-foot wide Maumee Drive right-of-way. However, the City was not opposed to the Owner constructing a 15-foot wide driveway in the existing right-of-way with the understanding the Owner would maintain the driveway and that it may be improved or extended in the future if additional parcels in the subdivision needed it for access. The result of the conversations with the Owner and her legal representative is the Easement Agreement for Driveway Purposes (the ”Easement”) as attached. As a term of the Easement, the responsibility to construct and maintain the driveway falls upon the current Owner and all future owners. The Easement does not preclude the City from replacing the driveway with a public road in the future. This Ordinance authorizes the City Manager to execute on behalf of the City the Easement necessary to convey the rights of ingress and egress to the Ngo property within the conditions set forth in the Easement. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property Located at 8218 Riverside Drive October 18, 2022 Page 2 of 3 Follow Up Information from First Reading During the first reading of this Ordinance at the October 10, 2022 City Council meeting, several questions were asked by Council members requiring follow up information before the second reading of the Ordinance on October 24, 2022. The questions and follow up information are as follows: • What is the existing zoning for the six lots which have now been combined into one parcel? The existing zoning is Suburban/Rural Residential (0.5-1.0 du/ac) – residential development used to accommodate environmentally sensitive areas or sites affected by physical features. Homes may consist of single-family structures on larger lots ranging from 1 to 2 acres or larger or in developments that preserve open space and natural features by concentrating development in open areas. Sites may include public utilities or on-site services where public utilities are unavailable. • Is there a sanitary sewer available to the proposed home? There is presently no sanitary sewer located near 8218 Riverside Drive to provide service to the proposed home. This address is located within Utility Extension Area 2C which is programmed for design in 2024 and construction in 2025 in the 2022-2026 Capital Improvements Program. • What are the on-site sewage treatment systems requirements? The household sewage treatment system (HSTS) for the proposed home would be designed in accordance with the Sewage Treatment System regulations adopted by Franklin County Public Health (FCPH). The design will be based upon several factors that includes soil type, site layout and size, proposed home size and other applicable considerations. • What will be the slope/grade of the proposed driveway? The existing topography in area of the proposed driveway has an approximate slope of nine percent (9%). Residential driveway standards currently require the slope to be less than eight percent (8%), however a ten percent (10%) slope will be considered in extenuating circumstances. It appears the proposed driveway can be designed to conform to the current standard. The final design of the driveway will be considered for approval when the home owner submits an application for a building permit. In the event the driveway is replaced with a public street at some time in the future, the slope adjacent to Riverside Drive may be lessened to address any potential safety concerns during the winter months. • How far does the proposed HSTS sit from the right-of-way line with reference to potential future improvements like a shared-use path? The HSTS is proposed for installation 15.77 feet from the right-of-way line. Engineering staff is confident this provides enough room for future public improvements such as a shared-use path. Recommendation Staff recommends adoption of Ordinance 54-22 at the second reading/public hearing on October 24, 2022, as this Ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally convey the rights described above. Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property Located at 8218 Riverside Drive October 18, 2022 Page 3 of 3 Location Map 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, PE, Director of Engineering/City Engineer Jean-Ellen Willis, PE, Director of Transportation and Mobility Re: Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property Located at 8218 Riverside Drive Summary In the fall of 2021, Nhung Ngo (the “Owner”) purchased six lots in Block Five (5) of the O’Shaugnessy Hills Subdivision (see attached Location Map) with an assigned address of 8218 Riverside Drive. The Owner purchased the lots with the intent to construct a single family residential home on the two lots immediately adjacent to Riverside Drive as depicted on the attached Plot Plan. Originally, the driveway to the proposed new home was to be from Arrowhead Drive and located within an easement on property owned by Laura C. Blumenstiel. Unfortunately, the Owner was not able to secure the needed easement for the driveway and was forced to find another location for the driveway. On August 16, 2022, the Owner met with City staff to discuss alternative driveway locations to her property. While direct access to Riverside Drive could not necessarily be denied by the City, it was not preferred in the interest of minimizing the number of driveways onto Riverside Drive. Additionally, since an unimproved street into the O’Shaungnessy Hills subdivision known as Maumee Drive is located immediately north of the property, the potential existed where two points of access onto Riverside Drive could be located within a short distance of each other creating a potential safety issue for those using Riverside Drive. Presently, the City has no plans or intention of constructing a public street within the 50-foot wide Maumee Drive right-of-way. However, the City was not opposed to the Owner constructing a 15-foot wide driveway in the existing right-of-way with the understanding the Owner would maintain the driveway and that it may be improved or extended in the future if additional parcels in the subdivision needed it for access. The result of the conversations with the Owner and her legal representative is the Easement Agreement for Driveway Purposes (the ”Easement”) as attached. As a term of the Easement, the responsibility to construct and maintain the driveway falls upon the current Owner and all future owners. The Easement does not preclude the City from replacing the driveway with a public road in the future. This Ordinance authorizes the City Manager to execute on behalf of the City the Easement necessary to convey the rights of ingress and egress to the Ngo property within the conditions set forth in the Easement. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property Located at 8218 Riverside Drive October 4, 2022 Page 2 of 2 Recommendation Staff recommends adoption of Ordinance 54-22 at the second reading/public hearing on October 24, 2022, as this Ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally convey the rights described above. Location Map EASEMENT AGREEMENT FOR DRIVEWAY PURPOSES City of Dublin, Ohio, a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio (the “State”) and its Charter, for valuable consideration paid and the agreements set forth below, hereby Grants to Nhung Ngo, her heirs and assigns, City of Dublin, Franklin County, Ohio an easement for driveway purposes over the following property of Grantor as shown in the attached Exhibit “A”. “Driveway purposes” means use as an access for ingress and egress for customary single family residential purposes to a home or homes to be built on Lots Two through Seven (2-7) of Block Five (5) O’Shaugnessy Hills Subdivision, currently owned by Grantee, as the same are shown in Plat Book 20 Page 4 of the records of the Recorder of Franklin County, Ohio. This grant shall be subject to the following Agreements: Grantee shall clear, grade, and construct the driveway and maintain it in good repair at her own expense. The driveway shall be surfaced with asphalt and shall be at least 15 feet in width through its length but shall be wider at the entrance to Riverside Drive to allow safe ingress and egress by two vehicles at the same time, as the design is approved by the City Engineer of Dublin, Ohio. Grantee may use the driveway while covered with a gravel underlayment during construction of the first home on the above referenced lots. This grant of Easement shall be perpetual, run with the land and be binding on and inure to the benefit of the parties, their heirs, successors, and assigns. The driveway shall initially be for the exclusive use of Grantee. However, Grantor may use the driveway for any municipal purpose and any homes fronting on Maumee Avenue built east of Grantees driveway or driveways may then have rights similar to those of Grantee, as granted by Grantor, to use the driveway provided that said users are required in a future driveway easement grant by Grantor to construct portions servicing their homes and also maintain the driveway along with Grantee on a per-home basis. Grantor shall have the right to use the driveway for municipal purposes not inconsistent with grantee’s full enjoyment of the Easement granted. Grantor may replace the driveway and this Easement with a public road provided that driveway access consistent with this Easement to any homes constructed on Grantee’s premises is preserved. In this event no compensation shall be due to Grantee and Grantee shall quit claim her rights under this Easement to Grantor Grantor reserves the right to use the balance of Maumee Avenue outside of the easement area, as same is shown on the above referenced plat, for any underground utilities or other purposes normally located in rights-of-way in municipal residential development. Last Transfer: Plat Book 20 page 4; Instrument Number 202203150041337 The parties have signed this instrument on the dates shown below. City of Dublin, Ohio by___________________________________ ________________________________ Megan O’Callaghan, City Manager Nhung Ngo State of Ohio County of Franklin The foregoing instrument was acknowledged before me by Dana McDaniel, City Manager of Dublin, Ohio this _____ day of ______________, 2022 _______________________________________ Notary Public This is an acknowledgement clause, no oath or Affirmation was administered to the signer. State of Ohio County of Franklin The foregoing instrument was acknowledged before me by Nhung Ngo this ______ day of __________________, 2022. _______________________________________ Notary Public This is an acknowledgement clause, no oath or Affirmation was administered to the signer. This instrument was prepared by: Christopher T. Cline, Attorney at Law 300 West Wilson Bridge Road #100 Worthington, Ohio 43085 MAUMEE AVENU E ARROWHEAD DRIVERIVERSIDE DRIVE43.62'50.43'121' 15.77'15'2 STORY RESIDENCE PR DRIVE PR ACCESS BLUMENSTIEL LAURA C PID: 273-008528-00 INST. #: 202203080036742 NGO NHUNG K PID: 273-008498-00 INST. #: 202203150041337 226.91' MAUMEE AVENUE 15.82'15'55'R20'R 2 0 '20'ESMT33' PR ACCESS EASEMENT GRAPHIC SCALE 0 1 inch = 40 feet 802040 SHEET PLAN PREPARED BY: 642 Brooksedge Boulevard, Westerville, OH 43081 P: 614.942.6042 F: 614.942.6041 SCALE: 1"=40' DATE: AUGUST 25, 2022 EXISTING LOT LINE PROPOSED LOT LINES EXISTING UTILITY POLE PROPOSED STS TREATMENT AREA (PRIMARY AND SECONDARY) 8218 RIVERSIDE DR. PLOT PLAN PREPARED FOR KYLIE NGO PART OF LOTS TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), & SEVEN (7), OF BLOCK FIVE (5) OF THE O'SHAUGHNESSY HILL SUBDIVISION, IN CITY OF DUBLIN, FRANKLIN COUNTY, OHIO /1 1 SURVEYED AND PLATTED BY: WE HEREBY CERTIFY THAT WE HAVE SURVEYED THE PREMISES AND PREPARED THE ATTACHED PLAT AND THAT SAID PLAT IS CORRECT TO THE BEST OF MY KNOWLEDGE. _______________________________________________________________ ROBERT L. GRIFFIN P.S., OHIO PROFESSIONAL SURVEYOR NUMBER 7204 BASIS OF BEARING THE BEARING SHOWN HEREIN ARE BASED ON OHIO STATE STATE PLANE COORDINATE SYSTEM, SOUTH GRID, NAD83(2011), AS DETERMINED BY A GPS NETWORK OF FIELD OBSERVATION PERFORMED IN AUGUST 16, 2022. TOP OF FOUNDATION:828.0 PROPOSED MAUMEE AVENUE ACCESS PROPOSED DRIVE AREA PROPOSED HOUSE LOACATION