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HomeMy WebLinkAboutOrdinance 05-26RECORD OF ORDINANCES BARRETTBROTHERS -DAYTON.OHIO Form 6220S 05-26 Ordinance No. . Passed APPROPRIATE A 0.009-ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITH RESERVATION OF EXISTING ACCESS RIGHTS; AND A 0.007-ACRE TEMPORARY RIGHT OF WAY EASEMENT FROM FADHIL ABBOUSY AND NAJLA ABBOUSY, FROM THE PROPERTY LOCATED AT 24-26-28 NORTH HIGH STREET FOR THE PUBLIC PURPOSE OF CONSTRUCTING AND IMPROVING ROADWAY INFRASTRUCTURE, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (the "City' is preparing to construct the Northern Historic District Infrastructure Improvements, 25-029-CIP (the "Project'; and WHEREAS, the Project requires that the City obtain the following property interests ("Property Interests') from the parcel identified as Franklin County Parcel Number 273- 000016-00 and 273-000071-00, owned by Fadhil Abbousy and Najla Abbousy, as described in the attached Exhibit A and depicted in the attached Exhibit B: • 0.009-acre Warranty Deed (WD) • 0.007-acre Temporary right of way easement (T) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, (I of its elected members concurring, that: Section 1. Council considers it necessary and declares its authorization to appropriate, for the appraised value of $27,960.00 for the public purpose of performing construction work on the Project, which shall be open to the public without charge, the above referenced Property Interests from Fadhil Abbousy and Najla Abbousy, an Ohio limited liability company, as described in the attached Exhibit A and depicted in the attached Exhibit B. 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. The Ordinance shall take effect at the earliest date allowed by law. Passed this day of iru u 2026. �JL zq-� Mayor - Presiding Officer ATTEST: CI k of Cotocil Office of the City Manager 1111 Perimeter Drive • Dublin, OH 43017-1090 City of Dublin Phone: 614.410.4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Megan D. O'Callaghan, P.E., City Manager Date: January 14, 2026 Initiated By: Jean -Ellen Willis, P.E., Director of Transportation & Mobility Bassem Bitar, AICP, Deputy Director of Planning Mitchell Ament, Management Analyst Memo Re: Ordinances 04-26 through 06-26 — Authorizing Appropriations of Right -of - Way and Easements for the Northern Historic District Infrastructure Improvements (25-029-CIP) Background The Northern Historic Dublin Area Infrastructure Improvements project (Project) is focused on revitalizing the North Riverview Street corridor within the Historic District. The goal is to create a pedestrian -oriented environment that enhances connectivity, stimulates economic development, and links key destinations such as The Dublin Link pedestrian bridge, Riverside Crossing Park, and Historic Dublin. To achieve this, the City is implementing a series of public infrastructure upgrades designed to improve streetscapes, pedestrian access, and multimodal connectivity. Planned improvements include improved intersections, new sidewalks and plazas, upgraded lighting, ADA-accessible features, burial of overhead utilities and the use of historically appropriate materials such as brick paver sidewalks and granite curbs to preserve the district's character. The project aims to establish a pedestrian -first environment that discourages through vehicular traffic east of North High Street, improves safety, and supports alternative transportation modes. These enhancements were informed by extensive planning efforts, traffic and parking studies, and community engagement. Feedback from residents —particularly regarding traffic flow, parking, and visual impacts —led to design refinements such as reduced on -street parking and the inclusion of visual breaks to preserve park views. This initiative aligns with the Envision Dublin Community Plan and the Historic District Area Plan, both of which emphasize walkability, shared public spaces, and enhanced streetscapes. Construction is scheduled to begin in early 2026, with completion anticipated in 2027. Summary The City has retained West Erie Realty Solutions, Ltd (West Erie) to serve as the acquisition agent for this project, which involves securing real estate from eight (8) property owners. The City is directly managing negotiations with two (2) of these owners: Community Space Development LLC (COhatch) and Dublin West D LLC (Crawford Hoying). For the remaining six property owners, West Erie serves as the primary point of contact, working closely with City staff members to facilitate the acquisition process. The City has been able to reach an agreement to obtain three (3) of the six (6) acquisitions necessary for the Project, resulting in Ordinances 02-26 and 03-26, with a further Ordinance expected to be presented for first reading on February 9. However, the City has not been able to reach an agreement in terms of the compensation for the needed right-of-way and easements with the property owners of the three (3) remaining acquisitions. The City is hopeful that an amicable agreement can still be reached with each of the remaining property owners; Ordinances 04-26 through 06-26 — Authorizing Appropriations of Right -of -Way and Easements for the Northern Historic District Infrastructure Improvements (25-029-CIP) January 14, 2026 Page 2 of 2 however, Ordinances 04-26 through 06-26 are necessary to continue the appropriation process through eminent domain in the event negotiations are unsuccessful. Acquisitions A Good Faith Offer Letter, the appraisal report, and associated information were provided by West Erie to six (6) property owners in November 2025. The acquisitions consist of the following property interests from the named property owners listed below and as depicted in the exhibits attached: Property Owner(s) Parcel Property Rights and Auditor Appraised Number Acreage Parcel ID Value Number(s) 0.008-acre Warranty PapiBriones LLC 2-WD and Deed, with reservation of existing access rights 273-000053 $26,285 16 N High St 2-T 0.005-acre Temporary right of way easement 0.009-acre Warranty Fadhil Abbousy and Najla Abbousy 3-WD and Deed, with reservation of existing access rights 273-000016, $27,960 24-26-28 N High St 3-T 0.007-acre Temporary 273-000071 right of way easement 0.053-acre Permanent ST3319 Holdings LLC Utility Easement 5-U and 273-000100 $78,590 40 N High St 5-T 0.010-acre Temporary right of way easement Recommendation Staff recommends approval of Ordinances 04-26 through 06-26 at the second reading/public hearing on February 9, 2026, as these ordinances will allow the Project to remain on schedule and proceed to construction. :: Hill Y m NMI I e- � ! �, �` - won - NORTH HIGH STREET- QN-L L h II _—ca W N-, Lu I � l .: 5—T _ -� o.01 o AC �-rJ •Jr:L V- w %I "' r �) r r r r �\J TJ J, r r 5_ U - 2 T rj r rj r-OI a �I r f� rJ��� 0.053 AC - O Q 0.005 AC r��r JJ�Yf :ai = - Z w IIr rg�`yVAJ 1Jr 2—WD 3 WD r 0.008 AC 0009 AC 1 T1 I J 1 � , � .z � - I 011 AC 3 T; 4 T -.. inh7 A nI I r F0.007 AC �� N AT Y ri D LID LI r 1� TEMPORARY EASEMENT PERMANENT UTILITY ESMT. PROPOSED RIGHT-OF-WAY EXISTING HIGHWAY EASEMENT 40 NOW INTENT TO APPROPRIATE r A. D J D! J 1 f ri >> )HrIJ�`1 1�) DUrfl JJl i 7—T 0.024 AC 7 U 0.006 AC j F)JJI JJ 1 J r IA I = revue I IL "f Brow w r•w- rJ-r\r Dr r --- DJrj D! 1 J11111 JrJJ ORT N RI -- VFR V/F wST RFFT 1 � , �Y �J _D.J��JJ1 r • , . , -.,,;� , : .. , . r ,� �fir.! ' •. v t��'". \ �- _ t _ •• •: - { _ ,,; �• Nk, - M .I :• •�. -.. , ,jam _ ,...F I ���.� \.''~ r -"1 - �� l /. h t y f-� e, I i i • 1 I k City of Dublin OHIO, USA EXHIBIT A 3-WD 0.009 ACRE Situate in the State of Ohio, County of Franklin, City of Dublin, lying in Survey Number 2542, Virginia Military District, being part of that tract conveyed to Fadhil Abbousy and Najla Abbousy by deed of record in Instrument Number 201812270174416 being part of Lots 127 and 128 of that plat titled "Plat of Dublin" destroyed by fire, demonstrated in Plat Book 3, Page 199 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows: BEGINNING at a mag nail set at the northeasterly corner of said Lot 128, the northeasterly corner of said Fadhil Abbousy and Najla Abbousy tract, being the intersection of the southerly right-of-way line of Wing Hill (Width Varies) with the westerly right-of-way line of Blacksmith Lane (Width Varies); Thence South 08' 24' 12" East, with said westerly right-of-way line an easterly line of said Lots 128 and 127, a distance of 68.17 feet to a 1/2" rebar found at the common corner of said Fadhil Abbousy and Najla Abbousy tract and that tract conveyed to Papibriones LLC by deed of record in Instrument Number 202308240086719; Thence South 81 ° 36' 15" West, with the line common to said Papibriones LLC and Fadhil Abbousy and Najla Abbousy tracts, across said Lot 127, a distance of 5.00 feet to an iron pin set; Thence North 08' 24' 12" West, across said Fadhil Abbousy and Najla Abbousy tract, said Lots 127 and 128, a distance of 59.44 feet to an iron pin set; Thence North 53' 22' 24" West, continuing across said Fadhil Abbousy and Najla Abbousy tract, said Lot 128, a distance of 12.34 feet to an iron pin set in said southerly right-of- way line; Thence North 81 ° 36' 15" East, with said southerly right-of-way line and a northerly line of said Lot 128, a distance of 13.72 feet to the POINT OF BEGINNING, containing 0.009 acre, more or less, of which 0.006 acres is within Auditor's Parcel Number 273-000071 and 0.003 acres is within Auditor's Parcel Number 273-000016. Subject, however, to all legal rights -of -way and/or easements, if any, of previous record. Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC. The Bearings shown hereon are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for bearings was from coordinates of monuments FRANK 73 and FRANK 74, having a bearing of South 73' 57' 18" East, established by the Franklin County Engineering Department. This description is based on an actual field survey performed by or under the direct supervision of Joshua M. Meyer, Professional Surveyor Number 8485, between 2013 and 2024. ®®$Jilil li/j,I OF 0 z JOSHUA M. MEYER cl� S-£348� ®GIs I � JMM:opg 3WD-0_009 ac 20240344-VS-BNDY.doex EVANS, MECHWART, HAMBLETON & TILTON, INC. Joshua M. Meyer Professional Surveyor No. 8485 Date PRELIMINARY APPROVAL ADAM W. FOWLER, P.E., P.S. aistuart i/41 09/17/2025 11:25:43 AM PENDING ORIGINALS .: *Submitted via. digital forme. Please return this approval, along witta tave original description and plat of survey, as prepared by the surveyor, signed, sealed, and dated in blue ink. TEMPORARY EASEMENT 3-T 0.007 ACRE Situate in the State of Ohio, County of Franklin, City of Dublin, lying in Survey Number 2542, Virginia Military District, being on, over, and across that tract conveyed to Fadihl Abbousy and Najla Abbousy by deed of record in Instrument Number 201812270174416 and Lots 127 and 128 of that subdivision titled "Plat of Dublin" destroyed by fire, demonstrated in Plat Book 3, Page 199 (all references are to the records of the Recorder's Office, Franklin County, Ohio) and being more particularly described as follows: Beginning, for reference, at the common corner of said Fadihl Abbousy and Najla Abbousy tract and that tract conveyed to Papibriones LLC by deed of record in Instrument Number 202308240086719, being in the westerly right-of-way line of Blacksmith Lane (Width Varies); Thence South 81 ° 36' 15" West, with the line common to said Fadihl Abbousy and Najla Abbousy and Papibriones LLC tracts, across said Lot 127, a distance of 5.00 feet to the TRUE POINT OF BEGINNING; Thence South 81 ° 36' 15" West, with the line common to said Fadihl Abbousy and Najla Abbousy and Papibriones LLC tracts, across said Lot 127, a distance of 5.09 feet to a point; Thence across said Fadihl Abbousy and Najla Abbousy tract and across Lots 127 and 128, the following courses and distances: North 07' 54' 13" West, a distance of 32.86 feet; North 06' 34' 42" West, a distance of 30.43 feet; South 53' 22' 46" East, a distance of 5.42 feet; and South 08' 24' 12" East, a distance of 59.44 feet to the TRUE POINT OF BEGINNING, containing 0.007 acre, more or less. JOSHUA . EYER S-8485 0 �4u N A'- JMM:opg '" ` i € s x 3-T 0 007 ac 20240344-VS-ESMT-TEMP.docx EVANS, MECHWART, HAMBLETON & TILTON, INC. Joshua M. Meyer Date Professional Surveyor No. 8485 EXHIBIT B SURVEY OF ACREAGE PARCEL SURVEY NUMBER 2542 Evans, Mechwart, H�leton & ram, k1c. VIRGINIA MILITARY DISTRICT Enginenfists 5500 N�n�Road, pica , ners - O 4304 CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO Phone:614.775.4500 Toll Ree:88&775.360 emhtcom I Date: September 12, 2025 1 Scale: V = 10' — RENAMED BY ORD. RIE � G HILL (V�IIDTx V AS) _ 0 Q w — Job No: 2024-0344 1 Sheet No: NO.81-91 36' 15-E 13.72' NB1 FADHIL ABBOUSY AND NAo1812Bg01S4416 I.N• 2 273_000071 p•N• pLp,T OF pUBUN 2$ pESTRVED BY FIRE DEMON 3TRPTE 99 p.B p N 273-000016 O 9 rn � o 0 o w}/ W d d C O L N > � Cn ��r^^ Vj R/W Rebar - - -- - S81'36' 15"W - - 5.00' PAPIBRION �p0g6719 I I I.N. 2023OB2 I I 1 of 1 BASIS OF BEARINGS: The Bearings shown hereon are based on the Ohio State Plane Coordinate System South Zone as per NAD83 (1986 Adjustment). Control for Lot 127 bearings was from coordinates of monuments FRANK 73 and FRANK 74, having a bearing of South 73' 57' 18" East, established by the Franklin County Engineering Department. SURVEY NOTE: This survey was prepared using documents of record, prior plats of survey, and observed evidence located by an actual field survey performed betwee O Iron Pin Set 2013 and 2024. • Iron Pin Found O Stone Found ®® OF 0 � • P.K. Nail Found ■ Monument Found O Magnetic Nail Set z JOSHUA M. _ • Magnetic Nail Found = ;\AEYER CC _= ♦ Railroad Spike Found �3 S-8485 �0 4�. Iron Pins Set are 13/16" I.D. iron pipes 30" long with cap inscribed EMHT INC. ^a'dS 0 10 �,,'�'jt,4`. Noshua i' M. Meyer Date SCALE (in feet) Professional Surveyor No. 8485 jmeyer@emht.com Northern Historic District Final Eng / 3WD-20240344-VS-BNDY TEMPORARY EASEMENT � � HaffbWm &TRkk4 SURVEY N0. 2542 � � VIRGINIA MILITARY DISTRICT rr�1,14.77e.4= Tollfi zean5-" CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO embLCM Date: September 12, 2025 1 Scale: 1" = 10' 1 Job No: 2024-0344 1 Sheet No: 1 of l - V ARIES� WING HID ) pTH NO. 91_91 RENAME R/W FADHIL ABBOUSY AND NAJLA ABBOUSY I.N. 201812270174416 P.N. 273-000071 PLAT OF DUBLIN DESTROYED BY FIRE DEMONSTRATED IN P.B. 3, P. 199 w 4 M O N 0 N 0 10 SCALE (in feet) ti 128 P.N. z 0. w 273-000016 S81°36'15"W 5.00' RPOB S81*36'1511W POB 5.09' o��� 1 �+lop € ®�/fay Lot 127 PARBRIONES LLC ® �� I.N. 202308240086719®SHUA net DYER S-8485 �® O R By Joshua M. Meyer Date Professional Surveyor No. 8485 jmeyer@emht.com