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Home My WebLink AboutOrdinance 57-22 To: Members of Dublin City Council From: Megan D. O’Callaghan, City Manager Date: November 1, 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 W. Huber, P.E., Civil Engineer II Philip K. Hartmann, Assistant Law Director Re: Ordinance 57-22 – Appropriation of Easement - 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 (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 the attached location map). 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 anticipated to be complete by the summer 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, streetlights, 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 15 of the 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 23 property owners and hopes to arrive at mutually agreeable terms with all property owners by the end of November 2022. During the acquisition phase of the Project, the owner of Parcel 2 passed away, and their estate set four (4) heirs with a quarter interest in the property. However, one heir (Roy Carl Johnson, ¼ interest) is deceased, and Mr. Roy Carl Johnson’s estate is not currently through the probate process. The three (3) living owners are agreeable to the City’s Fair Market Value Estimate (FMVE) and have executed a Right-of-Entry to perform the work on the parcel while the necessary easement is appropriated. On October 10, 2022, the Council passed Resolution 49-22, which began the appropriation process to await the finalization/probate of the deceased owner’s ¼ interest. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Memo re. Ordinance 57-22 – Appropriation of Easement – South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 1, 2022 Page 2 of 3 The executed Right-of-Entry document establishes the intent and agreement to formally execute the easement upon the finalization of the deceased owner’s ¼ interest. However, this ordinance authorizes the Law Director’s office to file a petition for appropriation in the county Court of Common Pleas should it become necessary. This ordinance also 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, including the authority to reach a reasonable administrative resolution with the property owners to acquire the property interest. ACQUISITION The property acquisition consists of the following property interests from the property owners listed and as depicted in the maps attached hereto: Property Owner(s) Parcel Number Property Interests Auditor Parcel ID Number(s) Appraised Value Roy Carl Johnson (deceased), Danny Lynn Johnson, Carla Grace Baldwin, and Amy Jo Hall by Affidavit of Transfer on Death Designation (105 Franklin Street) 2-U 0.002-acre permanent easement 273-000132-00 $900 RECOMMENDATION Staff recommends adoption of Ordinance 57-22 at the second reading/public hearing on November 14, 2022 to allow the Project to remain on schedule and proceed to construction. Memo re. Ordinance 57-22 – Appropriation of Easement – South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 1, 2022 Page 3 of 3 Project Location Map LOCATION MAP PARCELS 1 - 3 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/WR/W R/WR/WESMTESMTESMTESMTESMTESMT1 U 2 U 3 U LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT PID: 273-000140 Hal Stuart Mueller 141 Franklin Street INST:201507160096835 1.087 ACRES MULLER 1-U - .001 AC JOHNSON, BALDWIN, HALL 2-U - .002 AC MIDANI 3-U - .001 AC PID: 270-000136 Amy Jo Hall 123 Franklin Street INST: 201507160096835 1.87 ACRES PID: 270-00134 & 273-000132 Roy Carl Johnson, Danny Lynn Johnson, Carla Grace Baldwin, & Amy Jo Hall 105 Franklin Street INST: 202206150089527 .39 ACRES & .39 ACRES PID: 273-000130 Arfan Midani 95 Franklin Street INST: 201012010163117 .38 ACRES PID: 273-000128 Aaron J. Frank 85 Franklin Street INST: 200403010043758 .39 ACRES FRANKLIN STREET EXHIBIT A PARCEL 2-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 12 of the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, and being part of the lands conveyed to Roy Carl Johnson, Danny Lynn Johnson, Carla Grace Baldwin, and Amy Jo Hall by Affidavit of Transfer on Death Designation of record in Instrument Number 202206150089527, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Beginning at the grantor’s northeasterly corner and the northeasterly corner of Lot 12, said point also being on the easterly right of way of Franklin Street (50 Wide); Thence along the grantor’s easterly line, the easterly line of Lot 10 and the westerly right of way of Franklin Street, South 08° 19' 28" East for a distance of 11.76 feet to a point; Thence leaving the westerly right of way of Franklin Street, across the grantor’s property and Lot 12, South 81° 40' 32" West for a distance of 8.00 feet to a point; Thence continuing across the grantor’s property and Lot 12, North 08° 19' 28" West for a distance of 12.77 feet to a point on the grantor’s northerly line, the northerly line of Lot 12 and the southerly line of Lot 10; Thence along the grantor’s northerly line, the northerly line of Lot 12 and the southerly line of Lot 10, North 88° 51' 32" East for a distance of 8.06 feet to the True Point of Beginning, containing 0.002 acres (98 Sq. Ft.), more or less, all of which is within Auditor’s Parcel Number 273-000132. The bearings are based on the easterly right of way of Franklin Street being South 08° 19' 28" East 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. __________________________________ August 3, 2022 Daniel L. Quick Date Professional Surveyor, Ohio License No. 7803 Korda/Nemeth Engineering, Inc.