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Home My WebLink AboutOrdinance 08-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 08-23 Passed | —_, 20 APPROPRIATE EASEMENTS FROM EVELYN H. WIRCHAINSKI AND JOHN L. WIRCHANSKI, TRUSTEES OF THE EVELYN H. WIRCHAINSKI REVOCABLE TRUST DATED APRIL 10, 1996, FROM THE PROPERTY LOCATED AT 160 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 273-000174-00, owned by Evelyn H. Wirchainski and John L. Wirchanski, Trustees of the Evelyn H. Wirchainski Revocable Trust dated April 10, 1996, as described in the attached Exhibit A and depicted in the attached Exhibit B: e 23-U: a 0.015-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. e 23-T: a 0.020-acre temporary 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 ORDAINED 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 authorization to appropriate, for the appraised value of $7,650 for the public purpose of carrying out the South High Street Utility Burial - Phase 1 Project 19-030-CIP, the following easement from Evelyn H. Wirchainski and John L. Wirchanski, Trustees of the Evelyn H. Wirchainski Revocable Trust dated April 10, 1996, which is described in the attached Exhibit A and depicted in the attached Exhibit B: e 23-U: a 0.015-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. e 23-T: a 0.020-acre temporary 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 Law Director's office is hereby authorized to file a petition for appropriation in the county Court of Common Pleas should it become necessary. Section 3. The 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, including the authority to reach a reasonable administrative resolution with the property owners to acquire the property interest in an amount greater than the appraised value. Should the City reach a reasonable administrative resolution at an amount greater than the appraised value, no further legislation is required. Section 4. = This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 08-23 Ordinance No. Passed , 20 Passed this 27" day of March, 2023. M.D Mayor piecing icer ATTEST: Oeil (Qh clerk of Buncil To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: March 7, 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: Ordinances 06-23 through 09-23 – 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, the City has begun the appropriation process in the event negotiations are unsuccessful. On February 27, 2023, the City Council approved Resolutions 18-23, 19-23, 20-23, and 21-23 beginning the appropriation process. These ordinances continue the appropriation process. The four remaining property owners were made aware the City intended 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 Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Ordinances 06-23 through 09-23 – Appropriate Easements on the South High Street Utility Burial - Phase 1 Project 19-030-CIP March 7, 2023 Page 2 of 3 property for the purpose of constructing utilities, and the City has the right to commence an action 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 adoption of Ordinances 06-23 through 09-23 at the second reading/public hearing on March 27, 2023 to allow the Project to remain on schedule and proceed to construction. Ordinances 06-23 through 09-23 – Appropriate Easements on the South High Street Utility Burial - Phase 1 Project 19-030-CIP March 7, 2023 Page 3 of 3 Project Location Map 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/WESMT ESMTESMTESMTESMTESMTPID: 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: 201707060091892 .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 .49 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: 273-000135Eric Pickering & LucyPickering Franklin Street .40 ACRESPID: 273-000043Village of Dublin 129 S High StreetINST: 196701130000508 .005 ACRESLEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT DUBLIN 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 WIRCHAINSKI 23-U - .015 AC WIRCHAINSKI 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 23-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 PERPETUAL EASEMENT FOR THE CONSTRUCITON, OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, ABOVE AND BENEATH THE GROUND AND WHERE NEESSARY, 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 a 0.435 acre tract conveyed to Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Commencing at the northeasterly corner of Lot 1 of Waterford Village Phase I, Plat Book 51, Page 10, the southeasterly corner of Tract Two of the lands conveyed to Robert C. Karrer Jr., Trustee by deed of record in Instrument Number 200207260183614, and being on the westerly line of the lands conveyed to Timothy Bergwall by deed of record in Instrument Number 201707060091892; Thence along the northerly line of Lot 1, and the southerly line of said Karrer Jr. tract, South 81° 26' 59" West for a distance of 2.91 feet to the southeasterly corner of the lands conveyed to Diana L. Tout and Gerald A. Tout by deed of record in Instrument Number 201106130073767 and the southwesterly corner of said Karrer Jr. tract; Thence leaving the northerly line of Lot 1, along the easterly line of said Tout tract and the westerly line of said Karrer Jr. tract, North 08° 29' 17" West for a distance of 85.94 feet to the grantor’s southeasterly corner and the northeasterly corner of said Tout tract, said point being the TRUE POINT OF BEGINNING; Thence along the grantor’s southerly line and the northerly line of said Tout tract, South 81° 58' 05" West for a distance of 7.97 feet to a point; Thence leaving the northerly line of said Tout tract, across the grantor’s property, North 07° 40' 09" West for a distance of 90.00 feet to a point on the grantor’s northerly line and the southerly line of the lands conveyed to Harry G. Hirth, Trustees by deed of record in Instrument Number 200605040084846; Thence along the grantor’s northerly line and the southerly line of said Hirth tract, North 81° 58' 05" East for a distance of 6.68 feet to the grantor’s northeasterly corner, the southeasterly corner of said Hirth tract, said point also being on the westerly line of said Karrer Jr. tract; Thence along the grantor’s easterly line and the westerly line of said Karrer Jr. tract, South 08° 29' 17" East for a distance of 90.00 feet to the True Point of Beginning, containing 0.015 acres, more or less, all of which is within Auditor’s Parcel Number 273-000174. The bearings are based on the northerly line of Lot 1 of Waterford Village Phase 1 (Plat Book 51, Page 10) being South 81° 26' 59" 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. ⅊⅊Diana L. Tout and Gerald A. Tout172 Franklin StreetPID: 273-000172Inst. 201106130073767Evelyn H. Wirchainski, Trustee 160 Franklin Street PID: 273-000174 Inst. 200010130208849 The Harry G. Hirth Revocable Living Trust dated April 28, 2006, Harry G. Hirth, Trustee 150 Franklin Street PID: 273-000120 Inst. 200605040084846 P.O.B.Robert C. Karrer Jr., Trustee 167 South High Street PID: 273-000046 Inst. 200207260183614 S 81°58'05" W 7.97' N 81°58'05" E 6.68' S 08°29'17" E 90.00' N 07°40'09" W 90.00' N 08°29'17" W 85.94'⅊P.O.C. Timothy Bergwall 181 South High Street PID: 273-000083 Inst. 201707060091892 Waterford Village Phase I PB 51, PG 10 Lot 1 S 81°26'59" W 2.91' CERTIFICATION: Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2542, and being part of a 0.435 Acre tract conveyed to Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849 as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 20 40 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 23-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 The bearing of S81°26'59"W on the northerly line of Lot 1 of Waterford Village Phase I (PB51, PG10) 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. EASEMENT 23-U 0.015 Acres 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 0.015 ACRE EASEMENT 23-U23 21 24 25 22 EXHIBIT A PARCEL 23-T SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 TEMPORARY EASEMENT FOR THE CONSTRUCITON, OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, ABOVE AND BENEATH THE GROUND AND WHERE NEESSARY, 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 a 0.435 acre tract conveyed to Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Commencing at the northeasterly corner of Lot 1 of Waterford Village Phase I, Plat Book 51, Page 10, the southeasterly corner of Tract Two of the lands conveyed to Robert C. Karrer Jr., Trustee by deed of record in Instrument Number 200207260183614, and being on the westerly line of the lands conveyed to Timothy Bergwall by deed of record in Instrument Number 201707060091892; Thence along the northerly line of Lot 1, and the southerly line of said Karrer Jr. tract, South 81° 26' 59" West for a distance of 2.91 feet to the southeasterly corner of the lands conveyed to Diana L. Tout and Gerald A. Tout by deed of record in Instrument Number 201106130073767 and the southwesterly corner of said Karrer Jr. tract; Thence leaving the northerly line of Lot 1, along the easterly line of said Tout tract and the westerly line of said Karrer Jr. tract, North 08° 29' 17" West for a distance of 85.94 feet to the grantor’s southeasterly corner and the northeasterly corner of said Tout tract; Thence along the grantor’s southerly line and the northerly line of said Tout tract, South 81° 58' 05" West for a distance of 7.97 feet to the TRUE POINT OF BEGINNING; Thence continuing along the grantor’s southerly line and the northerly line of said Tout tract, South 81° 58' 05" West for a distance of 10.00 feet to a point; Thence leaving the northerly line of said Tout tract, across the grantor’s property, North 07° 40' 09" West for a distance of 90.00 feet to a point on the grantor’s northerly line and the southerly line of the lands conveyed to Harry G. Hirth, Trustees by deed of record in Instrument Number 200605040084846; Thence along the grantor’s northerly line and the southerly line of said Hirth tract, North 81° 58' 05" East for a distance of 10.00 feet to a point; Thence leaving the southerly line of said Hirth tract, across the grantor’s property, South 07° 40' 09" East for a distance of 90.00 feet to the True Point of Beginning, containing 0.020 acres, more or less, all of which is within Auditor’s Parcel Number 273-000174. The bearings are based on the northerly line of Lot 1 of Waterford Village Phase 1 (Plat Book 51, Page 10) being South 81° 26' 59" 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. ⅊⅊Diana L. Tout172 Franklin StreetPID: 273-000172Inst. 201106130073767Evelyn H. Wirchainski, Trustee 160 Franklin Street PID: 273-000174 Inst. 200010130208849 Harry G. Hirth, Trustee150 Franklin StreetPID: 273-000120Inst. 200605040084846P.O.B. Robert C. Karrer Jr., Trustee 167 South High Street PID: 273-000046 Inst. 200207260183614 S 81°58'05" W 7.97' Easement #23-T 0.020 Acres N 08°29'17" W 85.94' N 07°40'09" W 90.00' S 07°40'09" E 90.00' S 81°58'05" W 10.00'N 81°58'05" E 10.00'⅊P.O.C. Timothy Bergwall 181 South High Street PID: 273-000083 Inst. 201707060091892Lot 1Waterford VillagePhase IPB 51, PG 10S 81°26'59" W 2.91' CERTIFICATION: Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2542, and being part of a 0.435 Acre tract conveyed to Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849 as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 20 40 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 23-T SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 The bearing of S81°26'59"W on the northerly line of Lot 1 of Waterford Village Phase I (PB51, PG10) 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. EASEMENT 23-T 0.020 Acres TEMPORARY 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 23 2124 25 22