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HomeMy WebLinkAboutResolution 18-23RECORD OF RESOLUTIONS RM NO. 30045. Resolution No 18-23 Passed , 20 INTENT TO APPROPRIATE AN EASEMENT FROM MICHAEL J. STRENG & MELANIE R. FOURNIER-STRENG, HUSBAND AND WIFE, FROM THE PROPERTY LOCATED AT 75 FRANKLIN STREET, FOR THE PUBLIC PURPOSE OF CARRYING OUT THE SOUTH HIGH STREET UTILITY BURIAL — PHASE 1 PROJECT 19-030-CIP WHEREAS, the City of Dublin (“City”) is engaged in a substantial utility project along South High Street which includes the burial of existing overhead electrical facilities, Project 19-030-CIP (“Project”); and WHEREAS, the Project requires that the City obtain the following property interest from the parcel identified as Franklin County Parcel Numbers 273-000126-00, owned by Michael J. Streng & Melanie R. Fournier-Streng, husband and wife, as described in the attached Exhibit A and depicted in the attached Exhibit B: e 4-U: a 0.001-acre 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; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, _"] _ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the public purpose of carrying out the South High Street Utility Project 19-030-CIP — Phase 1, the following easement from Michael J. Streng & Melanie R. Fournier-Streng, husband and wife, which is described in the attached Exhibit A and depicted in the attached Exhibit B: e 4-U: a 0.001-acre 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. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner(s) and person(s) in possession or having an interest of record in the property described in the attached Exhibit A and depicted in the attached Exhibit B, and this notice shall be served according to law. Section 3. This Resolution shall take effect upon approval in accordance with 4.04(a) of the Dublin Revised Charter. Passed this 27" day of February, 2023. ane Tol Mayor {Presiding Officer’ To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: February 21, 2023 Initiated By: Robert E. Ranc, Jr., Deputy City Manager 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- Design & Construction Re: Resolutions 18-23 through 21-23 – Intent to Appropriate Easements on the South High Street Utility Burial - Phase 1 Project (19-030-CIP) Background 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 utilities (Spectrum, AT&T, Breezeline, and Dublink) 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. A location map is provided on page three of this memo. At the completion of both phases 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, and street trees on Franklin Street between Sells Alley and Waterford Drive. Summary 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 19 of the 23 affected parcels, with five (5) additional City of Dublin parcels requiring utility easements as well. Beginning in 2022, the City has participated in good faith discussions with all 23 property owners. Although negotiations with the four remaining property owners are ongoing, the City has not been able to reach agreement in terms of the compensation for the needed easements. The City is hopeful that an amicable agreement can still be reached with the property owners; however, this Resolution begins the appropriation process in the event that negotiations are unsuccessful. The four remaining property owners have been made aware the City intends to begin the appropriations process for the necessary easements via a letter from MS Consultants, Inc. In order for the Project to remain on schedule and proceed to construction, a Contract for a Right of Entry Agreement (Agreement) has been executed with the four remaining property owners. The owners acknowledge through the Agreement that the City has the right to enter upon their property for the purpose of constructing utilities, and the City has the right to commence an action Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Resolutions 18-23 through 21-23 – Intent to Appropriate easements on the South High Street Utility Burial - Phase 1 Project (19-030-CIP) February 21, 2023 Page 2 of 3 to appropriate the property. This Agreement allows the Project to advance but does not acquire the needed easements. The easements will need to be filed prior to the completion of the Project. Acquisition These property acquisitions consist 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 Michael J. Streng & Melanie R. Fournier-Streng, husband and wife (75 Franklin Street) 4-U 0.001-acre perpetual easement 273-000126-00 $500 The Harry G. Hirth Revocable Trust, dated April 28, 2006 (150 Franklin Street) 21-U 0.006-acre perpetual easement 273-000120-00 $3,400 21-T 0.012-acre temporary easement Evelyn H. Wirchainski and John L. Wirchanski, Trustees of the Evelyn H. Wirchainski Revocable Trust dated April 10, 1996 (160 Franklin Street) 23-U 0.015-acre perpetual easement 273-000174-00 $7,650 23-T 0.020-acre temporary easement Diana L. Tout and Gerald A. Tout, husband and wife (172 Franklin Street) 24-U 0.015-acre perpetual easement 273-000172-00 $8,150 24-T 0.020-acre temporary easement Recommendation Staff recommends approval of Resolutions 18-23 through 21-23 to allow the Project to remain on schedule and proceed to construction. Resolutions 18-23 through 21-23 – Intent to Appropriate easements on the South High Street Utility Burial - Phase 1 Project (19-030-CIP) February 21, 2023 Page 3 of 3 Project Location Map LOCATION MAP PARCELS 4 - 5 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 WR/WESMT ESMTESMPID: 273-000126 Michael J. Streng 75 Franklin Street INST: 201406190077209 .38 ACRES PID: 273-000124 The Congregational Church of Dublin, Ohio 81 Bridge Street INST: 201705080061142 .38 ACRES 4 U 5 U LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT STRENG 4-U - .001 AC CONGREGATION AL CHURCH 5-U - .002 AC FRANKLIN STREET W BRIDGE STREET EXHIBIT A PARCEL 4-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 6 of the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, and being part of the lands conveyed to Michael J. Streng and Melanie R. Fournier- Streng by deed of record in Instrument Number 201406190077209, 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 said Lot 6, said point also being in the easterly right of way of Franklin Street (50 Wide); Thence along the easterly line of Franklin Street and the westerly line of said Lot 10, South 08° 19' 28" East for a distance of 9.00 feet to a point; Thence South 81° 40' 32" West for a distance of 6.00 feet to a point; Thence North 08° 19' 28" West for a distance of 9.76 feet to a point in the northerly line of Lot 6, the southerly line of Lot 4 and the grantor’s northerly line; Thence along the northerly line of Lot 6, the southerly line of Lot 4 and the grantor’s northerly line, North 88° 51' 32" East for a distance of 6.05 feet to the True Point of Beginning, containing 0.001 acres (56 Sq.Ft.), more or less, all of which is within Auditor’s Parcel Number 273-000126. 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. __________________________________ May 26, 2022 Nicholas J. Del Valle Date Professional Surveyor, Ohio License No. 8822 Korda/Nemeth Engineering, Inc. Franklin Street (50' Wide) Aaron J. Frank 85 Franklin Street PID: 273-000128 Inst. 200403010043758 Lot 8 Michael J. Streng & Melanie R. Fournier-Streng 75 Franklin Street PID: 273-000126 Inst. 201406190077209 Lot 6 P.O.B.⅊⅊⅊⅊Civic Addition (PB 21, PG 27) 9.00' S 08°19'28" E 63.00' S 08°19'28" E 6.00' S 81°40'32" W 9.76' N 08°19'28" W 6.05' N 88°51'32" E Easement 4-U 0.001 Acres (56.00 Sq.Ft.) Dublin Community Church 81 W Bridge Street PID: 273-000124 Inst. 197806150015243 Lot 4 ⅊4 5 Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 6 in the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 30 60 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 4-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 0.001 ACRE (56.00 Sq. Ft.) EASEMENT 4-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 CERTIFICATION: The bearing of S 08°19'28" E on the westerly right of way of Franklin Street 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.