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HomeMy WebLinkAboutOrdinance 26-24RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 ; 26-24 Ordinance No. Passed , 20 AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.034-ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS, FROM GERALD SPERO, FROM THE PROPERTY LOCATED AT 6477 SAWMILL ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS AND A SIDEWALK, WHICH WILL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (“City”) is preparing to construct the Mobility Infrastructure Improvements Program 2023, 23-019-CIP (“Project”); and WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Franklin County Parcel Number 273-008335-00, owned by Gerald Spero (“Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 1-WD: a 0.034-acre fee simple right-of-way, without limitation to existing access rights. WHEREAS, the City and 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 $46,227.00; and WHEREAS, the City desires to execute and accept necessary conveyance documents and contracts to complete the transaction between the City and Property Owner. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, (y_ of the elected members concurring that: Section i. The City Manager is hereby authorized to execute and accept all necessary conveyance documents and contracts to acquire the above referenced property rights from the property located at 6477 Sawmill Road, identified as Franklin County Parcel Number 273-008335-00, from Gerald Spero, for the sum of $46,227.00. 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 1% day of July, 2024. Ya Mayor — Presiding Officer ATTEST: OL. OL! C Vek of Colincil To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: June 11, 2024 Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Brian D. Gable, P.E., Director - Capital Projects Joshua D. Miller, P.E., Civil Engineer II Re: Ordinance 26-24 – Acquisition of Right-of-Way for the Mobility Infrastructure Improvements Program 2023 (23-019-CIP) Background The Mobility Infrastructure Improvements Program 2023 (Project) constructs improvements in two locations of the City. At one of these locations, 120 feet of 5 foot wide concrete sidewalk will be constructed along the west side of Sawmill Road. The Project will address the only remaining gap in pedestrian facilities in the 6400 block along Sawmill Road, located in front of 6477 Sawmill Road. The Project will facilitate improved pedestrian access to nearby bus stops north and south of the sidewalk connection with Americans with Disabilities Act (ADA) compliance. Please see the attached Project Location Map and Acquisition Exhibits A and B for reference. Summary The final alignment for the Sawmill Road portion of the Mobility Infrastructure Improvements Program requires the acquisition of a portion of right-of-way along the frontage of 6477 Sawmill Road, noted as Parcel 1. This parcel can be seen on the included Project Location Map. Parcel 1 is owned by Gerald Spero and is currently developed as a commercial property. The City utilized ms consultants, inc. as the primary point of contact with the Property Owner of Parcel 1 throughout the negotiation and acquisition process. The acquisition provides 0.034 acres of new fee simple right-of-way. The City has participated in good faith discussions with the Property Owner and have arrived at mutually agreeable terms for these acquisitions. Acquisition A Good Faith Offer Letter, the appraisal report, and associated information were provided to the Property Owner of Parcel 1 on May 2, 2024. The property acquisition consists of the following property rights from the named Property Owner listed below and as depicted in the exhibits attached: Property Owner Parcel Number Property Rights and Acreage Auditor Parcel ID Number(s) Appraised Value Ordinance 26-24 – Acquisition Gerald Spero (6477 Sawmill Road) 1-WD 0.034-acre fee simple Right-of-Way, without limitation to existing access rights 273-008335-00 $46,227.00 Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Ordinance 26-24 – Acquisition of Right-of-Way for the Mobility Infrastructure Improvements Program 2023 (23-019-CIP) June 11, 2024 Page 2 of 2 Gerald Spero: The good faith discussions with the Property Owner have resulted in mutually agreeable terms for acquisition of the property interest at the appraised value of $46,227.00. This Ordinance authorizes the City Manager to execute and accept on behalf of the City all necessary conveyance documents to formally acquire the necessary property interests from the Property Owners. Recommendation Staff recommends adoption of Ordinance 26-24 at the second reading/public hearing on July 1, 2024, as this Ordinance authorizes the City Manager to execute all necessary conveyance and contract documents to formally accept the necessary property rights described above. Project Location Map EXHIBIT A PARCEL 1-WD DUBLIN MOBILITY IMPROVEMENTS RIGHT OF WAY ACQUISITION ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATIONS OF EXISTING ACCESS RIGHTS Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression “Grantor/Owner” includes the plural, and words in the masculine include the feminine or neuter). Situate in Quarter Township 3, Township 2 North, Range 19 West, U.S.M.L., in the City of Dublin, County of Franklin, State of Ohio, and being part of Reserve A of Meadowland Heights No. 1 as recorded in Plat Book 27, page 60 and as conveyed to Gerald Spero by deed recorded in Instrument No. 201504210050526 (all references to deeds, microfiche, plats, surveys, etc. refer to the records of the Franklin County Recorder's Office, unless noted otherwise) and being more particularly bounded and described as follows: BEGINNING at an iron pin found at the southeast corner of said Reserve A and on the existing west right of way line of Sawmill Road; thence along the south line of said Reserve A and the existing west right of way line of said Sawmill Road, North eighty-six degrees twenty-nine minutes zero seconds West (N86°29'00"W), for fifteen and 00/100 feet (15.00') to an iron pin set; thence leaving said lines and across said Reserve A, North two degrees thirty-three minutes zero seconds East (N02°33'00"E), for one hundred and 2/100 feet (100.02') to an iron pin set on the north line of said Reserve A and the south line of Lot 6 of said Meadowland Heights No. 1 as conveyed to 6495 Sawmill Road, LLC by deed recorded in Instrument No. 202101250014182; thence along the north line of said Reserve A and the south line of said Lot 6 and partially along the existing west right of way line of said Sawmill Road, South eighty-six degrees twenty-nine minutes zero seconds East (S86°29'00"E), for fifteen and 00/100 feet (15.00') to an iron pin set at the northeast corner of said Reserve A; thence continuing along the existing west right of way line of said Sawmill Road and along the east line of said Reserve A, South two degrees thirty-three minutes zero seconds West (S02°33'00"W), for one hundred and 2/100 feet (100.02') to the POINT OF BEGINNING. The above described right of way parcel contains a total area of 0.034 acres, of which 0.000 acres lies within the present road occupied, and is located within Franklin County Auditor’s parcel number 273- 008335. Iron pins set are 5/8" rebar, 30" in length, with a plastic plug placed on top inscribed with the name "WOOLPERT INC", unless otherwise noted. All monuments found are in good condition unless otherwise noted. Bearings are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (2011). Said bearings originated from said coordinate system by GPS observations and observations of selected stations in the National Geodetic Survey Continuously Operating Reference Station (NGS CORS) Network. This description was prepared under the direction of Michael J. Wilson, Ohio Registered Surveyor No. 8281, of Woolpert Inc., based upon a field survey performed during April, 2023. Michael J. Wilson Date Ohio Registered Surveyor No. 8281 LEGEND One Easton Oval Suite 400 Columbus, OH 43219 614.476.6000 FAX: 614.476.6225 0 20 40 MOBILITY IMPROVEMENTS PROGRAM 2023 CIP #23-019 PARCEL 1-WD CITY OF DUBLIN, FRANKLIN COUNTY, OHIO QTR. TWP. 3, TWP. 2N, RNG. 19W MICHAEL J. WILSON S-8281PR OFESSIONA L S U R VEYORRE GI S T E R E DSTA T E OF O H I OExhibit B