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HomeMy WebLinkAboutOrdinance 26-26RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S Ordinance No. —26-26 __ Passed. AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.069-ACRE EASEMENT FROM THE PROPERTY LOCATED AT 7070 AVERY ROAD, IDENTIFIED AS FRANKLIN COUNTY PARCEL NUMBER 273-000430 FROM GAVIN T. DERRYBERRY AND JENNIFER M. DERRYBERRY, FOR THE PUBLIC PURPOSE OF CARRYING OUT THE AVERY ROAD SIDEWALK CONNECTIONS PROJECT, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE (24-017-CIP) WHEREAS, the City of Dublin (“City”) is preparing to construct the Avery Road Sidewalk Connections Project, 24-017-CIP (“Project); and WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Franklin County Parcel Number 273-000430, owned by Gavin T. Derryberry and Jennifer M. Derryberry (“Property Owner”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 1-U: a 0.069-acre permanent/perpetual utility easement for the construction, operation, and maintenance of public and private utilities. WHEREAS, the City and Property Owner participated in good faith discussions and the Property Owner has agreed to donate their individual property interests; 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, ]_ 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 7070 Avery Road, identified as Franklin County Parcel Number 273-000430, which are being donated to the City by Gavin T. Derryberry and Jennifer M. Derryberry. | 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 27 day of April, 2026. LL A A. Mayor — Presiding Officer To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: April 7, 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 Joshua D. Miller, P.E., Senior Civil Engineer Re: Ordinance 26-26 – Acquisition of an Easement for the Avery Road Sidewalk Connections Project, 24-017-CIP Background The Avery Road Sidewalk Connections – Hyland Drive to Avery Park South Lot Project (Project) provides for approximately 1,000 feet of sidewalk in two separate locations along the east side of Avery Road. The first section will extend approximately 600 feet from Tara Hill Drive to the existing sidewalk near 7136 Avery Road. The second section will extend approximately 400 feet from the existing path south of 7400 Avery Road to the existing sidewalk across from the Avery Park south drive access. The Project also includes associated American with Disabilities Act (ADA) compliant ramps and drainage improvements. Additionally, sanitary sewer will be extended to complete Utility Extension Area 14B. A Location Map showing the construction area for this Project, including the subject of this acquisition, is attached to this memo for reference. This Project, as defined in the 2026-2030 Capital Improvements Program (CIP), includes Phases 2 and 3 of the overall Avery Road Sidewalk Connections program. Phase 1 of this program constructed a shared use path in 2021 between Hyland Drive and Tara Hill Drive. This Project will provide a vital safety connection to nearby schools and complete the sidewalk connections along the east side of Avery Road improving the overall area’s pedestrian connectivity. The properties at 7050, 7070, 7100, and 7136 Avery Road (Area 14) were previously identified in the Public Water and Sanitary Sewer Extension Policy as an area in need of sanitary sewer service. Construction of the sanitary sewer to 7100 and 7136 Avery Road, (noted as Area 14A), was completed in 2017. This current sanitary sewer extension, (noted as Area 14B), provides the final upstream extension needed to complete utility extensions to the overall Area 14. The City initiated design for the sanitary sewer construction in conjunction with the Avery Road Sidewalk Connections project as the required construction limits largely overlapped. Design was completed for this Project in 2026 and was coordinated with the impacted residents and businesses. The sidewalk will be constructed entirely within existing right of way, although a permanent utility easement is required for the sanitary sewer extension. The City’s selected sanitary sewer alignment necessitates acquisition of a single permanent utility easement from 7070 Avery Road; (Parcel 1). Construction of this Project is anticipated to commence in 2026. Summary In order to extend the existing public sanitary sewer the remainder of the way through Area 14B, the sanitary sewer will be constructed using both existing and proposed utility easements. One Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Ordinance 26-26 – Acquisition of a Permanent Utility Easement for the Avery Road Sidewalk Connections Project, 24-017-CIP April 7, 2026 Page 2 of 3 new permanent/perpetual utility easement is needed for the construction of the Project along the frontage of 7070 Avery Road. City staff participated in good faith discussions with Gavin and Jennifer Derryberry of 7070 Avery Road and they have agreed to donate the easement to facilitate construction of the sanitary sewer. Acquisitions In late 2025, City staff provided the legal description, exhibit, and easement documents for the permanent utility easement to the property owners of 7070 Avery Road. Gavin and Jennifer Derryberry agreed to donate the easement area and signed the documents in February 2026. The property acquisition consists of the following property interests and is depicted in the attached exhibit: Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Acquisition Cost Ord. 26-26 GAVIN T. DERRYBERRY & JENNIFER M. DERRYBERRY (7070 Avery Road) 1-U 0.069-acre permanent/perpetual utility easement 273-000430 Donated Gavin T. Derryberry and Jennifer M. Derryberry (Permanent Utility Easement): Following discussions with the property owner, Gavin and Jennifer Derryberry have agreed to donate their individual property interests. The City would like to thank the Derryberry’s for their kind gesture and donation, which helps to allow this final section of Utility Extension Area 14 to be completed. Ordinance 26-26 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 each property owner. Recommendation Staff recommends adoption of Ordinance 26-26 at the second reading/public hearing on April 27, 2026. Ordinance 26-26 – Acquisition of a Permanent Utility Easement for the Avery Road Sidewalk Connections Project, 24-017-CIP April 7, 2026 Page 3 of 3 Location Map LOCATION MAP PARCEL 1-U 24-017-CIP DUBLIN, OHIO 43017 DATE: 04/07/2026 LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT GAVIN T. AND JENNIFER M. DERRYBERRY 1-U - 0.069 AC.WexfordWoodsOpenSpaceEast623470706249624862047050621861887136122412 1166849985008501Ex R/W 1-U EXHIBIT A PARCEL 1-U AVERY ROAD SIDEWALK CONNECTIONS PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A PUBLIC SANITARY SEWER, STORM DRAINAGE AND GRADING IN THE NAME AND FOR THE USE OF THE CITY OF DUBLIN, OHIO. Situated in Virginia Military Survey 3010, City of Dublin, County of Franklin, State of Ohio and being part of a 1.35-acre tract as conveyed to Gavin T. Derryberry and Jennifer M. Derryberry, husband and wife by deed of record in Instrument No. 202208170118771 as recorded in the Franklin County Recorder's Office, and being more particularly described as follows: Commencing at the grantor’s northwesterly corner, said point being located in the centerline of Avery Road (60 feet wide), in the easterly line of a 5.725-acre tract of land conveyed to Cypress Wesleyan Church by deed of record in Instrument No.201701030000893 and being the southwesterly corner of a 2.30-acre tract of land conveyed to Vincent P. Lombardo and Cynthia B. Lombardo by deed of record in Instrument No.201507280103271 Thence along the grantor’s northerly line and the southerly line of said Lombardo 2.30-acre tract South 80° 00° 46” East for a distance of 30.00 feet to a point on the easterly existing right of way line of Avery Road, said point being the True Point of Beginning; Thence continuing along the grantor’s northerly line and the southerly line of said Lombardo 2.30-acre tract South 80° 00’ 46” East for a distance of 20.00 feet to a point; Thence across the grantor’s property South 09° 59° 14” West for a distance of 149.96 feet to a point on the grantor’s southerly line and the northerly line of a 1.35-acre tract conveyed to Gaylord E. Gardner Jr. by deed of record in Instrument No. 200611220233486; Thence along the grantor’s southerly line and the northerly line of said Gardner 1.35-acre tract North 80° 00’ 46” West for a distance of 20.00 feet to a point on the easterly existing right of way line of Avery Road; Thence along the easterly existing right of way line of Avery Road North 09° 59” 14” East for a distance of 149.96 feet to the True Point of Beginning, containing 0.069 acres (2999.12 Sq.Ft.), more or less, all of which is within Auditor’s Parcel Number 273-000430. 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. hele Gd = J 9, 2025 a Daniel L. Quick ams! ONAL Ses Date Professional Surveyor, Ohio License No. 7803 Korda/Nemeth Engineering, Inc Korda/Nemeth Engineering, Inc - Consulting Engineers 1650 Watermark Drive, Suite 200 — Columbus, Ohio 43215-7010 TEL: 614—487—1650 FAX: 614-487-8981 WEB:www.korda.com NS ON 2 ile SO Fstiredalbe EXHIBIT B request of:_City of Dublin PARCEL 1 -U AVERY ROAD SIDEWALK CONNECTIONS Situated in Virginia Military Survey No. 3010, City of Dublin, Franklin County, State of Ohio Scale 1” =__30__— feet O 15 30 60 Cypress Wesleyan Church PID: 273-001821 Inst. 201701030000893 5.725 Acres (Deed) es Existing R/(W 8 8 AVERY ROAD (60' RW) Pnt.of Beginning \ —_— —_ 1 * _ — IL: _ = wh N 09°59'14"E 149.96" Gl i |. -|© s 3/8 a\s 8 |S sI2 a|@ "18 bcd Existing R/W Pnt.of Commencement ic) z fa N 09°59'14"E 149.96" o |-U PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE N 80°00'46"W __- OF A PUBLIC SANITARY SEWER, STORM DRAINAGE AND GRADING sanes au 20.00" N\ 0.069 Ac (2999.12 Sq. Feet) ~~ oe 46° E S 09°59'14"W 149.96" | 2 Ro ~ i a aout Gavin T. Derryberry & mw ovo a Das avin T. Derryberry wyeos &Soag Jennifer M. Derryberry 2 Sos $ Z8N>m 7070 Avery Road ZSN>RS BSE30 PID: 273-000430 &82o3-2 essse Inst. 202106160105349 sasagr $8883 1.35 Acres (Deed) SsRSSr 2Eean 28ea a Q S N ° for) * ey RY z ~ ~ The bearings are referenced to the State Plane Coordinate System, Ohio South Zone NAD83 Romar (NSRS 2011). Said bearings are based upon positional solutions derived from RTK GPS sxe OF Ot, observations using the Ohio Department of Transportation Virtual Reference System Equipment. s By gett ****a *. 0%, CERTIFICATION: g fp OME % | hereby certify that this plat is a true and correct representation of a =: wt QUIC Kit = survey performed under my responsible direction and supervision and is a 4 7803 aa correct to the best of my knowledge. Re. as &F a &: Le Ze" CL aS ee SES ) June 9, 2025 “eam S1ona. Ss REGISTERED SURVEYOR NO.7803 DATE JOB NO. 2024-0404