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Home My WebLink AboutOrdinance 19-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 20. Ordinance No. 19-23 Passed APPROPRIATE A 0.010-ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS, A 0.087-ACRE PERPETUAL EASEMENT FOR HIGHWAY PURPOSES AND A _ 0.007-ACRE TEMPORARY CONSTRUCTION AND GRADING EASEMENT FROM KELLY A. MAYNARD AND JOE E. MAYNARD, SR., FROM THE PROPERTY LOCATED AT 5522 AVERY ROAD FOR THE PUBLIC PURPOSE OF CONSTRUCTING A ROADWAY INTERSECTION IMPROVEMENT WITH SHARED-USE PATH AND CONSTRUCTING WATER AND SANITARY SEWER LINE EXTENSIONS, ALL OF WHICH WILL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (“City”) is preparing to construct the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP (“Project”); and WHEREAS, the Project requires that the City obtain the following property interests from the parcel identified as Franklin County Parcel Number 274-000080, owned by Kelly A. Maynard and Joe E. Maynard, Sr. (“Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 44-WD: a 0.010-acre fee simple right-of-way, without limitation to existing access rights. e 44-SH: a 0.087-acre perpetual easement for highway purposes. e 44-T: a 0.007-acre temporary construction and grading easement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, __‘7___ of the elected members concurring that: Section 1. Council considers it necessary and declares its authorization to appropriate, for the appraised value of $32,200.00 for the public purpose of carrying out the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP, the following property rights and easements from the Property Owner, each of which are described in the attached Exhibit A and depicted in the attached Exhibit B: . e 44-WD: a 0.010-acre fee simple right-of-way, without limitation to existing | access rights. e 44-SH: a 0.087-acre perpetual easement for highway purposes. | e 44-T: a 0.007-acre temporary construction and grading easement. 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. Passed this 31 day of July, 2023. Ves Tad. Mayor / presidinglorticer , To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: June 20, 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 Kenneth B. Richardson, P.E., P.S., Senior Civil Engineer Re: Ordinances 16-23 through 21-23 - Authorizing Appropriations of Right-of-Way and Easements and Ordinances 22-23 and 23-23 - Authorizing the Execution of Conveyance Documents for the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP Background The Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project (Project) provides for an interim intersection improvement at the intersection of Avery Road and Rings Road/Cara Road. The Project will construct a roundabout at the intersection, curb and gutter for Cara Road and Cara Court, water and sanitary sewer line extensions for Rings Road, Cara Road, and Cara Court and pedestrian facilities for Rings Road, Cara Road, Avery Road and Cara Court. An exhibit showing an illustration of the Project is attached to this memo for reference. Council approved this Project as part of the 2023-2027 Capital Improvements Program (CIP). Traffic at the two-way stop sign controlled intersection of Avery Road and Rings Road/Cara Road is congested, particularly during the peak hours. This project addresses existing traffic volume congestion on Avery Road at Rings Road and will improve safety for vehicular traffic and pedestrians. The Project’s construction plan preparation and land acquisitions were preceded by the preparation of construction plans for the Tuttle Crossing Boulevard Extensions and Avery Road Improvements project, 13-013-CIP (Tuttle Project), which will extend Tuttle Crossing Boulevard from Wilcox Road to Avery Road, construct a roundabout at the intersection of the Tuttle Crossing Boulevard extension and Avery Road and widen Avery Road from the constructed roundabout to Rings Road/Cramer’s Crossing Drive. The land acquisition process commenced with the Tuttle Project in 2018-2019. Some of the properties reached mutually agreeable terms with the City, and the acquisition of property interests were settled during the Tuttle Project’s acquisitions process. However, eight (8) parcels needed for the Avery Road and Rings Road/Cara Road Intersection Project were not settled during the Tuttle Project’s acquisition process and were put on hold when the Tuttle Project was paused in 2019. The Tuttle Project is currently programmed beyond the City’s five-year Capital Improvements Program (CIP). Summary The City engaged Transystems Real Estate Consulting, Inc. (“Transystems”) as the acquisition agent for this Project. In that role, Transystems has been the point of contact, in addition to City staff, with the property owners on the Project. The City has been able to reach agreement to obtain two (2) of the remaining eight (8) acquisitions necessary for the Project resulting in Ordinances 22-23 and 23-23 authorizing the execution of the necessary conveyance documents for Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Ordinances 16-23 through 21-23 - Authorizing Appropriations and of Right-of-Way and Easements and Ordinances 22-23 and 23-23 - Authorizing the Execution of Conveyance Documents for the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP June 20, 2023 Page 2 of 3 the acquisitions. However, the City has not been able to reach agreement in terms of the compensation for the needed right-of-way and easements with the property owners of the six (6) remaining acquisitions. The City is hopeful that an amicable agreement can still be reached with each of the remaining property owners; however, Ordinances 16-23 through 21-23 continue the appropriation process through eminent domain in the event negotiations are unsuccessful. Acquisition A Good Faith Offer Letter, the appraisal report and associated information were provided to seven (7) property owners in March 2023 and one (1) in April 2023. These property acquisitions consist of the following property interests from the named property owners listed below and as depicted in the maps attached hereto: Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Appraised Value Ordinance 16-23 - Appropriation CRI Outparcels, LLC, an Ohio limited liability company, as to an undivided 31% interest, Tanglewood Park, LLC, an Ohio limited liability company, as to an undivided 40% interest, Waterloo Crossing OP, LLC, an Ohio limited liability company, as to an undivided 8% interest, and CRI Ponderosa, LLC, an Ohio limited liability company, as to an undivided 21% interest (SW Corner of Rings Road and Avery Road) 11-WD 2.683-acre fee simple right-of-way, without limitation to existing access rights 274-000023 $127,200 Ordinance 17-23 - Appropriation CRI Outparcels, LLC, an Ohio limited liability company, as to an undivided 31% interest, Tanglewood Park, LLC, an Ohio limited liability company, as to an undivided 40% interest, Waterloo Crossing OP, LLC, an Ohio limited liability company, as to an undivided 8% interest, and CRI Ponderosa, LLC, an Ohio limited liability company, as to an undivided 21% interest (SW Corner of Rings Road and Avery Road) 11A-WD 1.139-acre fee simple right-of-way, without limitation to existing access rights 274-000021 $27,750 Ordinance 21-23 - Appropriation William Reesman and Alison Valentine (6166 Rings Road) (continued on page 3) 61-WD 0.126-acre fee simple right-of-way, without limitation to existing access rights 274-000074 $13,600 61-SH 0.014-acre perpetual easement for highway purposes Ordinances 16-23 through 21-23 - Authorizing Appropriations and of Right-of-Way and Easements and Ordinances 22-23 and 23-23 - Authorizing the Execution of Conveyance Documents for the Avery Road and Rings Road/Cara Road Interim Intersection Improvement Project, 20-019-CIP June 20, 2023 Page 3 of 3 Recommendation Staff recommends adoption of Ordinances 16-23 through 23-23 at the second reading/public hearing on July 31, 2023, as these ordinances will allow the Project to remain on schedule and proceed to construction. 61-T 0.045-acre temporary construction and grading easement Ordinance 19-23 - Appropriation Kelly A. Maynard and Joe E. Maynard, Sr. (5522 Avery Road) 44-WD 0.010-acre fee simple right-of-way, without limitation to existing access rights 274-000080 $32,200 44-SH 0.087-acre perpetual easement for highway purposes 44-T 0.007-acre temporary construction and grading easement Ordinance 20-23 - Appropriation Ryan Lanning (6368 Rings Road) 51-WD 0.253-acre fee simple right-of-way, without limitation to existing access rights 274-000108 $19,750 51-T 0.046-acre temporary construction and grading easement Ordinance 18-23 - Appropriation CRI Outparcels, LLC, an Ohio limited liability company, as to an undivided 31% interest, Tanglewood Park, LLC, an Ohio limited liability company, as to an undivided 40% interest, Waterloo Crossing OP, LLC, an Ohio limited liability company, as to an undivided 8% interest, and CRI Ponderosa, LLC, an Ohio limited liability company, as to an undivided 21% interest (SW Corner of Rings Road and Avery Road) 56-WD 0.171-acre fee simple right-of-way, without limitation to existing access rights 274-000017 $16,100 Ordinance 23-23 - Acquisition Hamidullah Cashmere and Ihsan Rodriguez (6226 Rings Road) 60-WD 0.126-acre fee simple right-of-way, without limitation to existing access rights 274-000075 $9,955 (Final Cost) 60-T 0.023-acre temporary construction and grading easement Ordinance 22-23 - Acquisition David John Wise IV (6109 Cara Road) 32-SH 0.034-acre perpetual easement for highway purposes 274-000109 $5,650 (Final Cost) SCALE IN FEETHORIZONTAL0AVERY ROAD & RINGS ROAD/CARA ROAD - INTERIM INTERSECTION IMPROVEMENT35701406/9/2023SHARED-USE PATH ALIGNMENT ROUNDABOUT DESIGN OPTIONN AVERY ROAD RINGS RO A D CARA RO A D PROPOSED SHARED-USE PATH PATH SHARED-USE PROPOSED PATH SHARED-USE PROPOSED PED BRIDGE PROPOSED C A R A C T B O N A N ZA LA N E RINGS RO A DCRAMER DI TCH LOCATION MAP 0 400 200 100 SCALE IN FEET LEGEND PARCEL NUMBER RINGS RD CARA RD AVERY RDCARA CTRINGS RD AVERY ROAD AND RINGS ROAD/CARA ROAD INTERIM INTERSECTION IMPROVEMENT DATE: 9/26/2022 N# 32 44 61 60 11 5611A 51 31323334353637383940414243444546474849500120 21 22 23 24 25 260123456789101112131415161718 1011LEGEND DATE: 6/16/2022 11A WD 56 WD 11A 56 274-000112 274-000113 274-000144 274-000111 274-001523 274-000118 274-000082 274-000088 274-000095 274-000066274-000074274-000075274-000065274-000067274-000064 274-000063274-000062274-000745274-000744274-000108 RINGS RD CARA RD AVERY RD11 WD 11 010-218949 010-297198 CITY OF DUBLIN CITY OF COLUMBUS 64.189 ACRES INST. 202203170042867 COMPANY, AS TO AN UNDIVIDED 21% INTEREST PONDEROSA, LLC, AN OHIO LIMITED LIABILITY AS TO AN UNDIVIDED 8% INTEREST, AND CRI OP, LLC, AN OHIO LIMITED LIABILITY COMPANY, UNDIVIDED 40% INTEREST, WATERLOO CROSSING LIMITED LIABILITY COMPANY, AS TO AN INTEREST, TANGLEWOOD PARK, LLC, AN OHIO LIABILITY COMPANY, AS TO AN UNDIVIDED 31% CRI OUTPARCELS, LLC, AN OHIO LIMITED PID: 274-000021 6263 RINGS ROAD 0.871 ACRES INST. 202203030034749 INTEREST OHIO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 21% AS TO AN UNDIVIDED 8% INTEREST, AND CRI PONDEROSA, LLC, AN WATERLOO CROSSING OP, LLC, AN OHIO LIMITED LIABILITY COMPANY, LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 40% INTEREST, AN UNDIVIDED 31% INTEREST, TANGLEWOOD PARK, LLC, AN OHIO CRI OUTPARCELS, LLC, AN OHIO LIMITED LIABILITY COMPANY, AS TO PID: 274-000017 22.624 ACRES INST. 202203170042868 21% INTEREST LIABILITY COMPANY, AS TO AN UNDIVIDED PONDEROSA, LLC, AN OHIO LIMITED UNDIVIDED 8% INTEREST, AND CRI LIMITED LIABILITY COMPANY, AS TO AN WATERLOO CROSSING OP, LLC, AN OHIO TO AN UNDIVIDED 40% INTEREST, AN OHIO LIMITED LIABILITY COMPANY, AS 31% INTEREST, TANGLEWOOD PARK, LLC, LIABILITY COMPANY, AS TO AN UNDIVIDED CRI OUTPARCELS, LLC, AN OHIO LIMITED PID: 274-000023 0.171 AC56-WD CRI OUTPARCELS, LLC 1.139 AC11A-WD CRI OUTPARCELS, LLC 2.683 AC11-WD CRI OUTPARCELS, LLC RIGHT-OF-WAY PROPOSED AVERY ROAD AND RINGS ROAD/CARA ROAD INTERIM INTERSECTION IMPROVEMENT LOCATION MAP - PARCEL 11, 11A, AND 56 0 SCALE IN FEET 62.5 125 250 N 48495001234520 21 22 23 24 25 26 14 15 16 17 18 1011121314RINGS RD INTERIM INTERSECTION IMPROVEMENT AVERY ROAD AND RINGS ROAD/CARA ROAD LEGEND LOCATION MAP - PARCEL 32, 44, 60, AND 61 32 SH 32 SH 44 44 T 44 WD 44 6160 T 60 274-000065274-000067 WD 60 WD 61 SH 61 T 61 6109 CARA ROAD 0.861 ACRES I.N. 202201060003935 DAVID JOHN WISE, IV PID: 274-000109 274-000110 274-000095274-000088 274-000112 274-000113 274-000071 274-000072 274-000066 5522 AVERY ROAD P.B. 43, PG 75 MILLER ESTATES LOT 3 INST. NO. 201412120165400 JOE E. MAYNARD, SR. KELLY A. MAYNARD AND 274-000080 274-000090 274-000089274-000081 274-000082 274-000093 CARA RD 6226 RINGS ROAD 1.115 ACRES 202106040098255 INST. NO. IHSAN RODRIGUEZ CASHMERE AND HAMIDULLAH PID:274-000075 CARA CTAVERY RDRINGS RD 274-000094 274-000023 0 100 50 25 SCALE IN FEET N0.045 AC61-T 0.014 AC61-SH 0.126 AC61-WD VALENTINE REESMAN AND 0.023 AC60-T 0.126 AC60-WD RODRIGUEZ CASHMERE AND 0.007 AC44-T 0.087 AC44-SH 0.010 AC44-WD MAYNARD 0.034 AC32-SH WISE EASEMENT CONSTRUCTION TEMPORARY PROPOSED HIGHWAY PURPOSES EASEMENT FOR PROPOSED PERPETUAL RIGHT-OF-WAY PROPOSED 6166 RINGS ROAD 1.000 ACRES 202304130035145 INST. NO. VALENTINE ALISON REESMAN AND WILLIAM PID:274-000074 DATE: 5/30/2023 0 1 2 3 4 5 6 7 0 100 50 25 SCALE IN FEET LOCATION MAP - PARCEL 51 LEGEND WD 51 T 51 274-000745274-000744 274-0001425 6368 RINGS RD. 2.879 AC. INST. NO. 201412230170042 RYAN LANNING PID:274-000108 274-000021 RINGS RD 0.046 AC51-T 0.253 AC51-WD LANNING EASEMENT CONSTRUCTION TEMPORARY PROPOSED RIGHT-OF-WAY PROPOSED DATE: 9/26/2022 AVERY ROAD AND RINGS ROAD/CARA ROAD INTERIM INTERSECTION IMPROVEMENT NBONANZA LNPENSWORTHY DRSTOCKTON WAYTAYSIDE CIR