HomeMy WebLinkAboutOrdinance 41-23RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 41-23 Passed , 20
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT
NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO
ACQUIRE A 0.033-ACRE TEMPORARY ACCESS EASEMENT FROM
DANIEL R. MCMILLAN AND BARBARA I. MCMILLAN FROM THE
PROPERTY LOCATED AT 7703 HAVERHILL COURT, IDENTIFIED
AS FRANKLIN COUNTY PARCEL NUMBER 273-005785-00, FOR
THE PUBLIC PURPOSE OF CONSTRUCTING THE WATERWAYS
MAINTENANCE PROGRAM -— YEAR 1 PROJECT (22-030-CIP)
WHEREAS, the City of Dublin (“City”) is preparing to construct the Waterways
Maintenance Program — Year 1 Project, 22-030-CIP (“Project”); and
WHEREAS, the Project requires that the City obtain the following property rights from
the parcel identified as Franklin County Parcel Number 273-005785-00, owned by
Daniel R. McMillan and Barbara I. McMillan (“Property Owner”), as described in the
attached Exhibit A and depicted in the attached Exhibit B:
e A0.033-acre temporary access easement; and
WHEREAS, the City and the Property Owner participated in good faith discussions and
have come to mutually agreeable terms for the acquisition of the necessary property
rights for the sum of $1,650.00; and
WHEREAS, the City desires to execute and accept necessary conveyance documents
and contracts to complete the transaction between the City and the Property Owner.
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. The City Manager is hereby authorized to execute and accept all
necessary conveyance documents and contracts to acquire the temporary access
easement from the property located at 7703 Haverhill Court, identified as Franklin
County Parcel Number 273-005785-00, from Daniel R. McMillan and Barbara I.
McMillan, for the sum of $1,650.00.
Section 2. 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 without further legislation being required.
Section 3. This Ordinance shall take effect upon passage in accordance with
4.04(b) of the Dublin Revised Charter.
Passed this 23 day of October, 2023.
Mayor — Presiding Officer V
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Clérk of Cpuncil U
ATTEST:
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: October 3, 2023
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Michael B. Hendershot, P.E., Deputy Director of Engineering – Utilities
Re: Ordinances 41-23 and 42-23 – Acquisition of Temporary Access and Construction
Easements for the Waterways Maintenance Program – Year 1 Project, 22-030-CIP
Background
The Waterways Maintenance Program – Year 1 Project (“Project”) to begin construction in 2023
includes the bank stabilization of eight stream sites along the North and South Fork Indian Runs in
the City of Dublin. The Project consists of clearing and grading activities, stream bank reshaping and
stabilization, riprap and erosion protection matting installation, installation of temporary sediment
controls, permanent stabilization of disturbed areas, and riparian buffer zone plantings to enhance
channel stability. Project construction activities will disturb approximately 2.36 acres. The Project was
identified as part of the Waterways Maintenance Program (“Program”), which has been established to
preserve and improve the stability and flood carrying capacity of the waterways and to protect
riparian corridors and infrastructure. City Council approved the Program as part of the 2023-2027
Capital Improvements Program.
Summary
The Project requires the acquisition of temporary easements from two (2) properties on Haverhill
Court. The first property is located at 7703 Haverhill Court owned by Daniel and Barbara McMillan and
requires the acquisition of a temporary access easement. The second is located at 7713 Haverhill
Court owned by Charles and Molly Leach and requires a temporary access and construction
easement. These temporary easements are needed for accessing the work area and providing a
staging area for construction within the Project as depicted on the exhibits attached hereto. There
are no other viable means for accessing and providing a staging area for construction without the
acquisition of these temporary easements.
The City has participated in good faith discussions with the property owners for the temporary
easement acquisitions and have come to mutually agreeable terms for each acquisition.
On September 26, 2023, bids were received for the construction of the Project. Staff is currently
reviewing the received bids, and City Council’s consideration for acceptance of the lowest and best
bid is scheduled for October 23, 2023. Construction activities are expected to commence in late
October/early November of 2023.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Ordinances 41-23 and 42-23 – Acquisition of Temporary Access and Construction Easements for the Waterways
Maintenance Program – Year 1 Project, 22-030-CIP
October 3, 2023
Page 2 of 2
Acquisitions
A Good Faith Offer Letter, appraisal report, and associated information were provided to the two (2)
property owners in August of 2023. These temporary easement acquisitions consist of the following
property rights from the named property owners listed below and as depicted on the exhibits
attached hereto:
Recommendation
Staff recommends adoption of Ordinances 41-23 and 42-23 at the second reading/public hearing on
October 23, 2023, as these ordinances authorize the City Manager to execute and accept on behalf of
the City all necessary conveyance documents and contracts to formally accept the necessary property
rights described above.
Property Owner(s) Property Rights
and Acreage
Auditor Parcel
ID Number
Acquisition
Value
Ord. 41-23 – Acquisition
Daniel R. McMillan and
Barbara I. McMillan
(7703 Haverhill Court)
Temporary Access
Easement, 0.033-
acres
273-005785-00 $1,650.00
Ord. 42-23 – Acquisition
Charles R. Leach and
Molly M. Leach
(7713 Haverhill Court)
Temporary Access
and Construction
Easement, 0.097-
acres
273-005786-00 $2,900.00
BRAND ROADNORTH FORK INDIAN RUNHAVERHILL COURT01/01SITE 5-1 TEMPORARY EASEMENTSHoriz: 1" =Vert: 1" =10'2'GRAPHIC SCALE01 inch = 20 feet4010 20DATEREVISIONS
DATE DESCRIPTIONMARKSCALEJOB NO.SHEET2022-0903September 25, 2023CITY OF DUBLIN, FRANKLIN COUNTY, OHIOEXHIBIT
FORDUBLIN WATERWAYSMAINTENANCE PROGRAM YEAR 1 CITY OF DUBLIN22-030-CIP
EXHIBIT A
EXHIBIT B