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Home My WebLink AboutOrdinance 30-24RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. 30-24 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.002-ACRE EASEMENT FROM THE PROPERTY LOCATED AT 86 SOUTH HIGH STREET, IDENTIFIED AS FRANKLIN COUNTY PARCEL NUMBER 273-000086-00 FROM ROBERT E. BENSON FOR THE PUBLIC PURPOSE OF CARRYING OUT THE SOUTH HIGH STREET UTILITY BURIAL — PHASE 2 PROJECT (22-018-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 electric and communication utilities, known as the South High Street Utility Burial - Phase 2 Project (22-018-CIP) (“Project”); and WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Franklin County Parcel Number 273-000086-00, owned by Robert E. Benson (“Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e §8-U1: a 0.002-acre perpetual easement for the construction, operation, and maintenance of public and private utilities. 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 $2,025.00 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, S _ 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 easement from the property located at 86 South High Street, identified as Franklin County Parcel Number 273-000086-00, from Robert E. Benson for $2,025.00. 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 Section 4.04(b) of the Revised Dublin Charter. Passed this 16" day of September, 2024. LAE Mayor — Presiding Officer Corda bl bye i of Cguincil EXHIBIT A PARCEL 8-U1 SOUTH HIGH STREET UTILITY BURIAL - PHASE 2 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, and being part of Lot No. 117 of record in the Plat of Dublin (destroyed by fire), as demonstrated in Plat Book 3, Page 199, and being part of a 0.12-acre tract as conveyed to Robert E. Benson, by deed of record in Official Record 1993, Page A06, 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 southeasterly corner of a 0.37-acre tract as conveyed to Bavelis Family, LLC by deed of record in Instrument 201811280160756, said point also being located on the existing westerly right of way of South Blacksmith Lane (20’ Wide); Thence along the grantor’s easterly line and the westerly right of way of South Blacksmith Lane, South 08° 15’ 33” East for a distance of 5.00 feet to a point; Thence across the grantor’s property, South 81° 24’ 15” West for a distance of 18.00 feet to a point; Thence continuing across the grantor’s property, North 08° 15’ 33” West for a distance of 5.00 feet to a point on the grantor’s northerly line and the southerly line of said Bavelis Family, LLC tract; Thence along the grantor’s northerly line and the southerly line of said Bavelis Family, LLC tract, North 81° 24’ 15” East for a distance of 18.00 feet to True Point of Beginning, containing 0.002 acres, more or less, all of which are within Auditor’s Parcel Number 273-000086. The bearings are referenced to the State Plane Coordinate System, Ohio South Zone NAD83 (NSRS 2011). Said bearings are based upon positional solutions derived from RTK GPS observations using the Ohio Department of Transportation Virtual Reference System Equipment. Subject to any easements, restrictions, covenants, ordinances or agreements of record. __________________________________ November 27, 2023 Daniel L. Quick Date Professional Surveyor, Ohio License No. 7803 Korda/Nemeth Engineering, Inc ________________________________ ______________________________ ______________________________ _____________________________ ____________________________ ____________________________ ____________________________ Bavelis Family, LLC 76-82 S High St PID: 273-000061 Inst. 201811280160756 0.37 Acres (Auditor) Robert E. Benson 86 S High St PID: 273-000086 O.R. 19933, Pg. A06 0.12 Acres (Auditor) LOT 117 SOUTH BLACKSMITH LANE (20' WIDE) Plat of Dublin (Destroyed by Fire) (Plat Book 3, Page 199)EASEMENT 8-U1 0.002 ACRES (90.00 SQ. FT.) S 08°15'33" E 5.00' N 08°15'33" W 5.00' Point of Beginning 10' Sanitary Easement D.B. 3533, Pg. 792 10' Sanitary Easement D.B. 3511, Pg. 866S 81°24'15" W 18.00'N 81°24'15" E 18.00'* 0.002 ACRES (90.00 SQ. FT.) EASEMENT 8-U1 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. CERTIFICATION: JOB NO. 2022-4012 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 8-U1 SOUTH HIGH STREET UTILITY BURIAL - PHASE 2 22-018-CIP SHEET 1 of 1 DATE: 11/27/2023 LEGEND Bearings are 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. 0 SCALE IN FEET 10 20 Situated in the State of Ohio, County of Franklin, City of Dublin, and being part of Lot No. 117 of record in the Plat of Dublin (destroyed by fire), as demonstrated in Plat Book 3, Page 199, and being part of a 0.12-acre tract as conveyed to Robert E. Benson, by deed of record in Official Record 1993, Page A06, as recorded in the Franklin County Recorder's Office. Parcel 8-U1 Overlaps 0.001 Acres (50.00 SQ. FT.) with an approx. 0.008 Acre (332.03 SQ. FT.) Sanitary Easement to the Village of Dublin, Ohio (D.B. 3533, Pg. 792).* Exhibit B To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: August 20, 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: Ordinances 30-24 through 35-24 – Acquisition of Easements for the South High Street Utility Burial – Phase 2 Project (22-018-CIP) Background As part of the Downtown Historic District beautification efforts, the City of Dublin (City) continues to advance the South High Street Utility Burial Project. The purpose and benefit of this project is the elimination of the existing overhead utility lines along South High Street and within portions of the Downtown Historic District. The Project consists of two phases as requested by American Electric Power (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. Phase 1 is nearing completion as communication companies remove their infrastructure followed by the removal of the bare utility poles. The Phase 2 project area includes the east side of South High Street and Blacksmith Lane between West Bridge Street and Short Street (see the Project Location Map at the end 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. Summary Similar to Phase 1, the scope of the South High Street Utility Burial – Phase 2 Project (Project) is to install underground electric (AEP) and communication (Spectrum, AT&T, Breezeline, and Dublink) utilities to service affected parcels in the Downtown Historic District. The Project will install a joint user duct bank along Blacksmith Lane and in the rear of the parcels between Pinney Hill Lane and Short Street to install underground electric (AEP) and communication (Spectrum, AT&T, Breezeline, and Dublink) utilities to service the affected parcels. Phase 2 construction is dependent upon finalizing the acquisitions but is planned to begin in spring 2025 and be complete by spring 2026. 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 in the Project area. Presently, the City has reached agreement with six (6) of the twenty (20) affected property owners. The City has participated in good faith discussions with all 20 property owners and hopes to arrive at mutually agreeable terms with all property owners by the end of 2024. Acquisitions A Good Faith Offer Letter, the appraisal report and associated information was provided to each of the property owners for the affected parcels in May 2024. The property acquisitions consist of the Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Ordinance 30-24 through 35-24 – Acquisition of Easements for the South High Street Utility Burial – Phase 2 Project (22-018-CIP) August 20, 2024 Page 2 of 3 following property rights from the named property owners listed below and as depicted in the exhibits attached hereto: Property Owner(s) Parcel Number Property Rights and Acreage Auditor Parcel ID Number(s) Appraised Value Ordinance 30-24 Robert E. Benson 86 S. High Street 8-U1 0.002-acre permanent/perpetual public utility easement 273-000086-00 $2,025.00 Ordinance 31-24 Providential Properties, LLC 48-52 South High Street 13-U1 0.003-acre permanent/perpetual public utility easement 273-000087-00 $2,600.00 Ordinance 32-24 Corwin Properties, LLC 30 and 32 South High Street 16-U1 0.002-acre permanent/perpetual public utility easement 273-000008-00 $2,070.00 Ordinance 33-24 J & E Price, LLC 24 South High Street 17-U1 0.002-acre permanent/perpetual public utility easement 273-000056-00 $1,519.00 Ordinance 34-24 Timothy R. Greenhalgh and Angela A. Greenhalgh 224 South High Street 19-U1 0.047-acre permanent/perpetual public utility easement 273-012301-00 $5,136.00 Ordinance 35-24 Floyd Tackett and Sharon Ann Slone Tackett 200 South High Street 20-U1 0.035-acre permanent/perpetual public utility easement 273-012300-00 $3,800.00 Robert E. Benson: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $2,025.00. Providential Properties, LLC: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $2,600.00. Corwin Properties, LLC: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $2,070.00. J & E Price, LLC: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $1,519.00. Timothy R. Greenhalgh & Angela A. Greenhalgh: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $5,136.00. Ordinance 30-24 through 35-24 – Acquisition of Easements for the South High Street Utility Burial – Phase 2 Project (22-018-CIP) August 20, 2024 Page 3 of 3 Floyd Tackett & Sharon Ann Slone Tackett: The good faith discussions with the property owner has resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $3,800.00. These ordinances authorize the City Manager to execute and accept on behalf of the City all necessary conveyance and contract documents to formally acquire and accept the necessary property rights from the property owners as described above. Recommendation Staff recommends adoption of Ordinances 30-24 through 35-24 at the second reading/public hearing on September 16, 2024. Project Location Map