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HomeMy WebLinkAboutOrdinance 17-26RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 17-26 | Ordinance No, ————___— Passed. : | AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT = NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.116-ACRE WARRANTY DEED FROM THE PROPERTY LOCATED AT 5689 AVERY ROAD, IDENTIFIED AS FRANKLIN COUNTY PARCEL NUMBER 273-010593 FROM SCIOTO PROPERTIES SP-17 LLC, FOR THE PUBLIC PURPOSE OF CONSTRUCTING A SHARED USE PATH, DRAINAGE AND ROADWAY IMPROVEMENTS, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (“City”) is preparing to construct the Avery Road Shared Use Path Project, 24-018-CIP (“Project); and WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Franklin County Parcel Number 273-010593, owned by Scioto Properties SP-17 LLC (‘Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 2-WD: a 0.116-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 $53,048.00; 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, _\y _ 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 above referenced property interest from the property located at 5689 Avery Road, identified as Franklin County Parcel Number 273-010593, Scioto Properties SP-17 LLC to the City, for $53,048.00. 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 23"? day of March, 2026. -4 Mayor — Presiding Officer ATTEST: | Gok of Cofncil 0 To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: March 3, 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 16-26 through 18-26 – Acquisition of Right of Way for the Avery Road Shared Use Path Project, 24-018-CIP Background The Avery Road Shared Use Path Project (Project) provides for approximately 1,530 feet of shared use path along the west side of Avery Road from Cramer’s Crossing Drive to the existing path at 5745 Avery Road, approximately 460 feet south of Woerner Temple Road. The Project also includes associated Americans with Disabilities Act (ADA) accommodations, drainage, and lighting improvements for public safety and visibility. A Location Map showing the parcels subject to these acquisitions for this Project is attached to this memo for reference. This Project, as defined in the 2026-2030 Capital Improvements Program (CIP), is part of the Mobility Infrastructure Improvements Program. The Mobility Infrastructure Improvements Program plans and implements mobility connections throughout the City. These improvements are reviewed, scored, and prioritized by a staff-led committee. This Project provides a vital safety connection to the shared use path network along Avery Road and fills one of the remaining gaps in this portion of Avery Road. Design was substantially complete for this Project in 2025 and was coordinated with the impacted residents and businesses. The City’s selected path alignment necessitates right-of-way acquisition from three (3) parcels located along the west side of Avery Road, with the addresses of 5611 Avery Road (Parcel 1), 5689 Avery Road (Parcel 2), and 5695 Avery Road (Parcel 3). Construction of this Project is anticipated to commence in 2026. Summary The City engaged O.R. Colan Associates (ORC) as the acquisition agent for the Project. In that role, ORC has been the point of contact with the property owners on the Project, with active City staff support. The City has participated in good faith discussions with the property owners and has successfully reached an agreement with all three (3) of the affected parcels on this Project. 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 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: Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Ordinances 16-26 through 18-26 – Acquisition of Right of Way for the Avery Road Shared Use Path Project, 24-018-CIP March 3, 2026 Page 2 of 2 Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Appraised Value Acquisition Cost Ord. 16-26 GURPAL KAUR (5611 Avery Road) 1-WD 0.042-acre Warranty Deed 274-000098 $7,243.00 $7,243.00 Ord. 17-26 SCIOTO PROPERTIES SP-17 LLC (5689 Avery Road) 2-WD 0.116-acre Warranty Deed 273-010593 $53,048.00 $53,048.00 Ord. 18-26 OHIO VENTURE PROPERTIES LLC (5695 Avery Road) 3-WD 0.076-acre Warranty Deed 274-000122 $26,157.00 $26,157.00 Gurpal Kaur (Warranty Deed): 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 $7,243.00. Scioto Properties SP-17 LLC (Warranty Deed): 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 $53,048.00. The appraised value for this parcel includes the cost of the property’s sign in conflict with the Project work. Ohio Venture Properties LLC (Warranty Deed): Good-faith discussions with the property owner have resulted in mutually agreeable terms for the acquisition of their individual property interests at an appraised value of $26,157.00. Ordinances 16-26 through 18-26 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. Recommendation Staff recommends adoption of Ordinances 16-26 through 18-26 at the second reading/public hearing on March 23, 2026, as these ordinances will allow the Project to remain on schedule and proceed to construction. LEGEND DATE: 6/16/2025 AVERY ROAD SHARED-USE PATH (24-018-CIP) LOCATION MAP - PARCEL 1, 2, AND 3 N0 20050 SCALE IN FEET PROPOSED RIGHT-OF-WAY GURPAL KAUR 1-WD 0.042 AC SCIOTO PROPERTIES 2-WD 0.116 AC OHIO VENTURE PROPERTIES 3-WD 0.076 AC PID:274-000098 GURPAL KAUR INST. NO. 202105100082943 1.329 ACRES 5611 AVERY ROAD 274-000122 OHIO VENTURE PROPERTIES, LLC INST. NO. 201912310176044 PART OF LOT 1 5695 AVERY ROAD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 274-000146 274-000159 274-000015 274-000236 274-000068 274-000129 274-000747 274-000128 274-000123 273-010593 SCIOTO PROPERTIES SP-17 LLC INST. NO. 202305250050640 1.615 ACRES 5689 AVERY ROAD 100 2 2 WD 1 AVERY RD 3 WD 3 1 WD BLUNDEN RDCORPORATE CENTER DRRINGS RDCRAMERSCROSSI NG DR EXHIBIT A PARCEL 2-WD AVERY ROAD SHARED-USE PATH 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 right 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). Situated in the State of Ohio, County of Franklin, City of Dublin, being located in V.M.S. No. 3004, being part of Lot 1 of Northwest Corporate Centre, as recorded in Plat Book 68, Page 77, and being part of that 1.615 acre tract described in a deed to Scioto Properties SP-17 LLC of record in Instrument Number 202305250050640 all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows: Commencing for reference at Franklin County Geodetic Survey monument number 2229, said monument being at the intersection of the existing centerline of right-of-way for Rings Road and the existing centerline of right-of-way for Avery Road; Thence North 05 degrees 40 minutes 20 seconds West, along the existing centerline of right-of-way for Avery Road (R/W width varies), a distance of 999.91 feet to a point (reference Franklin County Geodetic Survey monument number 2230, at a bearing of North 05 degrees 40 minutes 20 seconds West and a distance of 149.15 feet); Thence South 84 degrees 19 minutes 40 seconds West, across said Avery Road, a distance of 40.00 feet to an iron pin set on the existing west right-of-way line for said Avery Road, as delineated in said Plat Book 68, Page 77, said iron pin being the northeast corner of said 1.615 acre tract, being on the east line of said Lot 1, and being the southeast corner of that part of Lot 1 described in a deed to Ohio Venture Properties, LLC, of record in Instrument Number 201912310176044, and said iron pin being the TRUE POINT OF BEGINNING for this description; Thence South 05 degrees 40 minutes 20 seconds East, along the existing west right- of-way line for said Avery Road, along the east line of said Lot 1 and along the east line of said 1.615 acre tract, a distance of 210.00 feet to an iron pin set at a point of curvature at the intersection of the existing west right-of-way line for Avery Road and the existing north right-of-way line for Corporate Center Drive (60’ R/W width), as delineated in said Plat Book 68, Page 77; Thence along the arc of a curve to the right, along the existing north right-of-way line for said Corporate Centre Drive, continuing along the east line of said Lot 1, and continuing along the east line of said 1.615 acre tract, said curve having a radius of 25.00 feet, a central angle of 83 degrees 06 minutes 28 seconds, and an arc length of 36.26 feet to an iron pin set at a point of non-tangency, said curve being subtended by a long chord having a bearing of South 35 degrees 52 minutes 54 seconds West, and a length of 33.17 feet; Thence North 05 degrees 40 minutes 20 seconds West, across said Lot 1, and across said 1.615 acre tract, a distance of 234.82 feet to an iron pin set on the north line of said 1.615 acre tract, and being on the south line of said tract described to Ohio Venture Properties, LLC; Page 1 of 2 Thence North 84 degrees 19 minutes 40 seconds East, continuing across Lot 1, along the north line of said 1.615 acre tract, and along the south line of said tract described to Ohio Venture Properties, LLC, a distance of 22.00 feet to the TRUE POINT OF BEGINNING for this description. The above description contains a total area of 0.116 acres (0.000 acres are located within the present road occupied), all of which is located within Franklin County Auditor’s parcel number 273-010593. Bearings shown hereon are based on North 05° 40’ 20” West for the centerline of right- of-way of Avery Road between Franklin County Geodetic Survey Monument numbers 2229 and 2230, measured from Grid North as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and NGS OPUS solution. lron pins set are 30” by 5/8” diameter rebar with caps stamped “ASI FIRM 1648” This description was prepared under the direct supervision of Brian P. Bingham, Registered Professional Surveyor No. 8438 on June 04, 2025, is based on an actual field survey performed by American Structurepoint. Inc., and is true and correct to the best of my knowledge and belief. American Structurepoint, Inc. BAT DGy, oo OF oy a San OK, % « Brian P. Bingham > 2, € Date Registered Professional Surveyor No. 8438 : eae 3 3 “Crrereanat® PRELIMINARY APPROVAL ADAM W. FOWLER, ie a ajstuart LN~@D) 06/04/2025 3:40:09 PM ge Al PENDING ORIGINALS AB 4 *Submitted via digital format \iginet’ Please return this approval, along with the original description and plat of survey, as prepared by the surveyor, signed, sealed, and dated in blue ink. Page 2 of 2 PART OF LOT 1 RIGHT-OF-WAY ACQUISITION TOTAL = 0.116 ACRES P.R.O. = 0.000 ACRES NET = 0.116 ACRES @1P.s. © 3" iron pin set w/ "ASI FIRM 1648" cap F.C.G.S. Monument _ EX RW g0' RIW DEDICATED PB. 68, PG. 77 Basis of bearing: Bearings shown hereon are based on North 05° 40' 20" West for the centerline of right-of-way of Avery Road between Franklin County Geodetic Survey Monument numbers 2229 and 2230, measured from Grid North as referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and NGS OPUS solution. | hereby certify that: This drawing represents the results of an actual field survey of the premises performed by American Structurepoint. Inc., and = = is true and correct to the best of my knowledge and belief. 3 LLL Cfiefeces % rian P. Bingham, P.: 4 N84°19'40"E 22.00" —— - ,Z8'Vez% WS \ a ¢ BRIANP. *% : BINGHAM ? —_—_——_ ¢ R/W AVERY RD FCGS 2229 Point of Reference = Bi g438 iE a,’ &. Sy S. No. 8438 Date Sy Sais TE AS American Structurepoint, Inc. “4,S10N AL outs MUTT th —_—— —_—_— N Z,00050 x | oe FO 6 KY 2 a « Kank | ‘ O° oO: 30 Re 0.116 AC. aa Loe (0.000 AC. P.R.O) | Os CP +, “I & g| 8 ©) z ad | ~ r—) % a S PID: 273-010593 S S) | SCIOTO PROPERTIES SP-17 LLC | o ILN. 202305250050640 g iy | 1.615 AC. 2 X So ° o 2-WD 6 - M0 —16'66 —_—_— \ Lt | Scale: 1"=40' re} _| AMERICAN Drawn By: AMW Avery Road mill STRUCTUREPOINT Exhibit "B" Shared-Use zg INC Checked By: BPB] Sheet 1 of 1 Path a Parcel 2-WD 2250 Corporate Exchange Drive | Suite 300 Date: 06/04/2025 Columbus, Ohio 43231 TERE 901.2235 | FAX BiB 803-2296 Job No.: 2012.00760 0 20' 40' Situated in the State of Ohio Bah Ee aoe County of Franklin, City of Dublin _— Virginia Military Survey No. 3004 FCGS 2230 & RIW AVERY RD |e | | cs | Uv m [<o} 4 | x i> PID: 274-000122 D zg “ OHIO VENTURE PROPERTIES, LLC , | INST. 201912310176044 au AuaAv We > \ A = 83°06'28" | R = 25.00" L = 36.26" C = 33.17' RDR CBRG = $35°52'54"W — CENTE