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HomeMy WebLinkAboutOrdinance 13-26RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. _13-26 Passed AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.091-ACRE EASEMENT FROM THE PROPERTY LOCATED AT 6113 SHIER LANE, IDENTIFIED AS FRANKLIN COUNTY PARCEL NUMBER 272-000363 FROM BARRY MESA JR. AND ANGELA MICHELE MESA, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A SHARED USE PATH, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (“City”) is engaged with Washington Township for the construction of a new shared use path along the south side of Shier Rings Road; known as the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP (“Project”); WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Franklin County Parcel Number 272-000363, owned by Barry Mesa Jr. and Angela Michele Mesa (“Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e §8-U: a 0.091-acre permanent easement for construction and maintenance of public utilities, storm drainage, shared use path, and grading 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 $28,944.00 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, State of Ohio, __ "7 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 6113 Shier Lane, identified as Franklin County Parcel Number 272-000363, Barry Mesa Jr. and Angela Michele Mesa, for $28,944.00. 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 Dublin Revised Charter. Passed this 9" day of March, 2026 Ua ZB Mayor — Presiding Officer ATTEST: To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: February 17, 2026 Initiated By: Michael E. Barker, Deputy City Manager Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Brian D. Gable, P.E., Director – Capital Projects Jared A. Groves, P.E., Civil Engineer II Re: Ordinances 07-26 through 13-26 – Acquisition of Easements and Right of Way, and Ordinance 14-26 – Appropriate an Easement for the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP Background The City of Dublin (City) and Washington Township (Township) are working cooperatively on the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project (23-008-CIP) (Project). The Project will include the construction of an eight foot wide shared use path along the south side of Shier Rings Road and updates to the existing drainage system along the roadway to accommodate these improvements. Affected driveway crossings will be reconstructed as part of the Project. The east limit of the Project connects to the existing shared use path just east of Shier Lane and the west limit connects to existing shared use path constructed as part of the Ayrshire Farms residential development located at the southeast corner of the intersection of Shier Rings Road and Cosgray Road. In September of 2022, the Township performed a survey of its residents along Shier Rings Road to gauge interest in the construction of a shared use path along the south side of Shier Rings Road, connecting to the existing City shared use path system. Responses from this survey indicated a general desire for the construction of the path among the Township residents. This shared use path benefits both the City and Township in providing a vital path connection to Darree Fields, overall connectivity to the City shared use path network and providing equitable access to all area residents. Due to the collaborative nature of this Project, the City and Township entered into an Intergovernmental Agreement in 2024, as approved by Council Resolution 67-24. This agreement outlines responsibilities and proportion of funding for the design, acquisition, construction, and maintenance of the shared use path for the Project. This agreement details that the City will design, perform acquisitions, construct, and maintain the shared use path. The City will acquire and retain all easements and right-of-way in the City’s name and the cost for acquisitions is to be split evenly between the City and Township. In 2025, the Township, in coordination with the City, submitted the Project for LinkUS funding and the Project was approved for $544,300 in 2026 grant funding from LinkUS. This grant funding will be applied and distributed in accordance with the Intergovernmental Agreement, and the funds will be dispersed retroactively. City staff will work with Township representatives to submit necessary documentation, including invoices and/or purchase agreements. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Ordinances 07-26 through 13-26 – Acquisition of Easements and Right of Way, and Ordinance 14-26 – Appropriate an Easement for the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP February 17, 2026 Page 2 of 5 Design was substantially complete for this Project in 2025 and was coordinated extensively with the Township and the affected residents. The City’s selected path alignment necessitates an alignment requiring easement acquisitions from nine parcels located along the south side of Shier Rings Road as depicted on the Location Map at the end of this memo. City staff worked to minimize the size of the necessary acquisitions, reducing impacts to individual parcels as much as possible. Construction for this Project is anticipated to commence in 2026. Summary The City engaged ms consultants, Inc. (ms) as the acquisition agent for the Project. In that role, ms has been the point of contact with the property owners on the Project, with active City staff support. Presently, the City has reached agreement with seven (7) of the nine (9) affected parcels. The City has participated in good faith discussions with eight (8) of the nine (9) property owners, but has been unable to reach the owner or any representative for Parcel 9. The City has exhausted all reasonable options to contact the owner of Parcel 9 and is hopeful that contact can be made and an amicable agreement can be reached. However, Ordinance 14-26 continues the appropriation process in the event that attempts to reach the owner are ultimately unsuccessful. Acquisitions A Good Faith Offer Letter, the appraisal report and associated information were provided to all property owners in November 2025. The property acquisitions are from residential properties located within the Project area and consist of the following property interests from each of the named property owners, as depicted in the exhibits attached: Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Appraised Value Acquisition Cost Ord. 07-26 JASON R. HUFFMAN (7065 Shier Rings Road) 1-WD 0.019-acre Warranty Deed 272-000233 $39,153.00 $43,068.00 1-U 0.074-acre permanent/perpetual public utility easement Ord. 08-26 JASON HUFFMAN (7055 Shier Rings Road) 2-WD 0.021-acre Warranty Deed 272-000292 $26,054.00 $28,659.00 2-U 0.086-acre permanent/perpetual public utility easement Ordinances 07-26 through 13-26 – Acquisition of Easements and Right of Way, and Ordinance 14-26 – Appropriate an Easement for the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP February 17, 2026 Page 3 of 5 Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Appraised Value Acquisition Cost Ord. 09-26 DARRELL K. SCHWARK AND STEPHANIE A. SCHWARK (7025 Shier Rings Road) 3-WD 0.024-acre Warranty Deed 272-000291 $28,192.00 $28,192.00 3-U 0.096-acre permanent/perpetual public utility easement Ord. 10-26 MICHAEL E. RAMSEY AND SHARON D. RAMSEY (6111 Holliday Lane) 4-U 0.082-acre permanent/perpetual public utility easement 272-000374 $22,100.00 $24,310.00 Ord. 11-26 ALAN E. ABOUHASSAN AND RACHEL L. ABOUHASSAN (6110 Holliday Lane) 5-U 0.068-acre permanent/perpetual public utility easement 272-000366 $22,391.00 $24,630.00 Ord. 12-26 RONNY C. GREEN (6957 Shier Rings Road) 6-U 0.071-acre permanent/perpetual public utility easement 272-000365 $18,207.00 $18,207.00 Ord. 13-26 BARRY MESA JR. AND ANGELA MICHELE MESA (6113 Shier Lane) 8-U 0.091-acre permanent/perpetual public utility easement 272-000363 $26,313.00 $28,944.00 Ord. 14-26 JAMES A. RAVE (6114 Shier Lane) 9-U 0.090-acre permanent/perpetual public utility easement 272-000357 $27,234.00 $27,234.00 (appropriation) Jason R. Huffman (Warranty Deed and Permanent Easement, parcel 1): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at $43,068.00, which is ten percent above the appraised value of $39,153.00. The appraisal for this parcel is higher than the other parcels on this project due to the necessary relocation of an existing geothermal system conflicting with the planned path alignment and associated easement. Jason Huffman (Warranty Deed and Permanent Easement, parcel 2): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at $28,659.00, which is ten percent above the appraised value of $26,054.00. Ordinances 07-26 through 13-26 – Acquisition of Easements and Right of Way, and Ordinance 14-26 – Appropriate an Easement for the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP February 17, 2026 Page 4 of 5 Darrell K. Schwark and Stephanie A. Schwark (Warranty Deed and Permanent Easement): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $28,192.00. Michael E. Ramsey and Sharon D. Ramsey (Permanent Easement): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at $24,310.00, which is ten percent above the appraised value of $22,100.00. Alan E. Abouhassan and Rachel L. Abouhassan (Permanent Easement): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at $24,630.00, which is ten percent above the appraised value of $22,391.00. Ronny C. Green (Permanent Easement): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at the appraised value of $18,207.00. Barry Mesa Jr. and Angela Michele Mesa (Permanent Easement): The good faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at $28,944.00, which is ten percent above the appraised value of $26,313.00. James A. Rave (Permanent Easement): The good faith discussions with the property owner have not been able to occur due to difficulty contacting the owner. The City’s negotiator, the City, Washington Township, and the City’s legal team have all made various efforts to contact this owner and have been unable to do so. Some efforts include, but are not limited to, contacting the trust paying the yearly taxes on the property, contacting the owner’s last known legal representative, inquiring about the owner at their last known place of work, all of which have been unsuccessful. The appraised value of the acquisition is $27,234.00. Staff is hopeful that filing appropriation documents on the property will result in locating the owner or legal representative and settling the acquisition. Ordinances 07-26 through 13-26 authorize the City Manager to execute and accept on behalf of the City all necessary conveyance documents to formally acquire the necessary property interests from each property owner. Ordinance 14-26 authorizes the City to exercise the appropriation (eminent domain) for this parcel. The City is hopeful that an amicable resolution can be reached with the property owner through this process. Recommendation Staff recommends adoption of Ordinances 07-26 through 14-26 at the second reading/public hearing on March 9, 2026, as these ordinances will allow the Project to remain on schedule and proceed to construction. Ordinances 07-26 through 13-26 – Acquisition of Easements and Right of Way, and Ordinance 14-26 – Appropriate an Easement for the Shier Rings Road: Eiterman Road to Cosgray Road Shared Use Path Project, 23-008-CIP February 17, 2026 Page 5 of 5 Project Location Map