HomeMy WebLinkAboutResolution 35-14RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No 30045
Resolution No.
35 -14
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ADDENDUM TO THE COOPERATIVE
RIGHT -OF -WAY ACQUISITION AGREEMENT WITH THE
CITY OF COLUMBUS FOR ARTERIAL STREET
IMPROVEMENTS AT HARD AND SAWMILL ROADS (HARD
ROAD PHASE A - SAWMILL ROAD — SMOKEY ROW ROAD)
20
WHEREAS, the City of Dublin and the City of Columbus have agreed to
cooperatively acquire the necessary right -of -way for the identified transportation
improvement project; and
WHEREAS, the Parties have entered into an Agreement to widen and improve Hard
Road from Sawmill Road east to Smoky Row Road, including improvement to the
intersection at Hard Road and Sawmill Road ("the Project'j; and
WHEREAS, under the terms of the Agreement, Dublin was responsible for acquiring
the right -of -way attributable to the intersection improvements within the Dublin
corporation limits and Columbus was responsible for acquiring the right -of -way
attributable to the infrastructure and intersection improvements within the Columbus
corporation limits; and
WHEREAS, also under the terms of the Agreement, the Parties agreed that Dublin
would make payment to Columbus, up to a maximum of $135,000.00, for the right -
of -way acquisition attributable to the intersection improvements within the Columbus
corporation limits; and
WHEREAS, also under the terms of the Agreement, if the right -of -way acquisition
costs in Columbus are expected to exceed $135,000.00, the Parties agreed to discuss
the increases and determine how the additional costs shall be split between the
Parties; and
WHEREAS, also under the Agreement, if the costs to Dublin exceed $135,000.00, a
written addendum outlining the additional items and providing funding for the
additional items by the appropriate Party may be required; and
WHEREAS, the costs of acquisition of the property on the east side of Sawmill Road
are now being appraised at a higher price than initially estimated;
WHEREAS, in order to fully complete the acquisition with the new appraised values,
Dublin must appropriate an additional $180,000.00.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, - of the elected members concurring that:
L
Section 1. The City Manager is hereby authorized to enter into an Addendum to
the Cooperative Right -of -Way Acquisition Agreement with the City of Columbus for
the improvement of the intersection of Hard and Sawmill Roads, in substantially the
same form as attached, with changes not inconsistent with this Resolution and not
substantially adverse to this City and which shall be approved by the City Manager
and Director of Finance. The approval of changes thereto by those officials, and
their character as not being substantially adverse to the City, shall be evidenced
conclusively by their execution thereof.
Section 2 . The City Manager, the Clerk of Council, the Director of Law, the Director
of Finance, or other appropriate officers of the City are hereby authorized to prepare
and sign all agreements and instruments and to take any other actions as may be
appropriate to implement this Resolution. The City Manager and the Director of
Finance are also authorized, for and in the name of the City, to execute any
amendments to the Cooperative Right -of -Way Acquisition Agreement, which
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc- Form No 30045
35 -14 Page 2 of 2
Resolution No. Passed . 20
amendments are not inconsistent with this Resolution and not substantially adverse
to this City.
Section 3. This Resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
Passed this day of 2014.
J yo ; r- � Presiding Officer
Attest:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway - Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 - Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager Nc
Date: April 24, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Jean -Ellen M. Willis, PE, Engineering Manager — Transportation
Memo
Re: Resolution 35 -14 - Authorizing the City Manager to Enter into an Addendum
to the Cooperative Right -of -Way Acquisition Agreement with the City of
Columbus for Arterial Street Improvements at Hard and Sawmill Roads
Summary
The adopted Dublin 2014 — 2018 Capital Improvements Program carries forward the Sawmill
Road /Hard Road intersection improvement project (Project #ET0605) with the addition of right -
turn lanes, additional left -turn lanes and modification to the traffic signal. The project will be
funded by service payments from the Lifetime Fitness Tax Increment Financing district.
The City of Columbus has nearly completed the detailed construction drawings for the final phase
of improvements to Hard Road, which will complete the widening of Hard Road to four lanes from
Smokey Row Road to Sawmill Road. The City of Columbus and City of Dublin have been working
to coordinate these projects to be built together for construction efficiencies and time and money
savings. The Sawmill Road /Hard Road Intersection Improvement project drawings have been
incorporated into the Hard Road Widening construction drawings and the projects, and the City of
Columbus anticipates opening bids for both projects in February 2015 with construction beginning
in late May 2015.
Both the improvement of the Hard Road and Sawmill Road intersection (Dublin) and the widening
of Hard Road (Columbus) requires acquisition of right -of -way on Hard Road, east of the
intersection, and along the east side of Sawmill Road, south of the intersection, all located within
the City of Columbus. Since the two projects overlap in this area, three properties are impacted by
both projects.
The initial Cooperative Right -of -Way Acquisition Agreement, dated May 2013, includes the City of
Columbus managing the right -of -way acquisition from the three properties needed for Dublin's
Sawmill Road /Hard Road project and required a deposit of $135,000 in an escrow account to be
able to quickly settle acquisitions if and when possible. In the absence of any completed
appraisals, the deposit was based on land values obtained from the Franklin County Auditor's
property information.
Further, the amount of right -of -way to be acquired from the Eickholt property, located in the
southeast quadrant of the intersection and where the Sawmill Pointe shopping center is located,
was slightly expanded by 0.019 acre (810 sq. ft.) to provide for the installation of sidewalk along
this frontage. The Sawmill Road Northbound Lane Addition project will include the construction of
the sidewalk along the Eickholt property frontage and continue further south along the east side of
Sawmill Road.
Memo re. Res. 35 -14 — Addendum to Agreement with Columbus re Hard /Sawmill Road Project
April 24, 2014
Page 2of2
Current appraisals report property values much higher than previously estimated. Based on the
current reports, an additional $180,000 is needed to complete right -of -way acquisitions along the
east side of the intersection. Table 1 below compares the initial estimates and the current
valuations.
Table 1: Sawmill Road /Hard Road Property Valuation Comparison
The attached Addendum to the Cooperative Right -of -Way Acquisition Agreement authorizes an
additional appropriation of $180,000, for a total amount not to exceed $315,000, for the
acquisition of right -of -way needed to construct the intersection improvement. It also requires that
a copy of the appraisal reports for the right -of -way attributable to the intersection improvements
be provided to Dublin.
In addition to the above, the Addendum also states that the City of Columbus is only authorized to
engage in settlements that are no greater than 10% in excess of appraised values for the
outstanding parcels. Dublin's prior approval is required for any settlements greater than 10% of
appraised values.
Resolution 24 -13 contained a provision to allow staff to execute any amendments to the
Cooperative Right -of -Way Acquisition Agreement, which are not inconsistent or substantially
adverse to the City. Based on the needed additional appropriation of $180,000, staff understands
this constitutes a substantial change from the original agreement.
Recommendation
Staff recommends approval of Resolution 35 -14, authorizing the City Manager to enter into an
Addendum to the Cooperative Right -of -Way Acquisition Agreement with the City of Columbus for
Arterial Street Improvements at Hard and Sawmill Roads.
Acreage
Type of
Original
Current
Settled
Property O wner
(Sq. Ft.)
Take
Estimate
V alue
Value
Difference
0.094
Warranty
Not
CVS Pharmacy
(4,094)
Deed
$46,243
$127,691
settled
$81,448
0.061
Warranty
Not
Society Bank
(2,657)
Deed
$22,492
$69,100
settled
$46,608
Robert G. & Jane
Warranty
$40,389
M. Eickholt
0.094
Deed/Temp.
$53,372
(Shopping Center)
(4,094)
Easement
$9,858
$50,247
$63,230
(settled price)
$168,445
$181,428
0.249
(settled
Total
(10,846)
^ $78,593
$247,038
$63,230
price)
The attached Addendum to the Cooperative Right -of -Way Acquisition Agreement authorizes an
additional appropriation of $180,000, for a total amount not to exceed $315,000, for the
acquisition of right -of -way needed to construct the intersection improvement. It also requires that
a copy of the appraisal reports for the right -of -way attributable to the intersection improvements
be provided to Dublin.
In addition to the above, the Addendum also states that the City of Columbus is only authorized to
engage in settlements that are no greater than 10% in excess of appraised values for the
outstanding parcels. Dublin's prior approval is required for any settlements greater than 10% of
appraised values.
Resolution 24 -13 contained a provision to allow staff to execute any amendments to the
Cooperative Right -of -Way Acquisition Agreement, which are not inconsistent or substantially
adverse to the City. Based on the needed additional appropriation of $180,000, staff understands
this constitutes a substantial change from the original agreement.
Recommendation
Staff recommends approval of Resolution 35 -14, authorizing the City Manager to enter into an
Addendum to the Cooperative Right -of -Way Acquisition Agreement with the City of Columbus for
Arterial Street Improvements at Hard and Sawmill Roads.
ADDENDUM
This Addendum to the Cooperative Right -of -Way Acquisition Agreement Between City
of Columbus, Ohio and City of Dublin, Ohio For Arterial Street Rehabilitation and
Improvements at Hard Road and Sawmill Road, dated June 25, 2013 ( "Agreement "), is made
and entered into on this the _ day of , 2014 by and between the City of
Columbus, Ohio ( "Columbus "), an Ohio Municipal Corporation, and the City of Dublin
( "Dublin" ), an Ohio Municipal Corporation. Columbus and Dublin are hereinafter collectively
referred to as the Parties.
In the event of a conflict between the language or intent of this Addendum and any
attached or supporting documents, including the Agreement, the terms and conditions of this
Addendum shall control.
Background Information
WHEREAS, the Parties entered into the Agreement to widen and improve Hard Road
from Sawmill Road east to Smoky Row Road, including improvement to the intersection at Hard
Road and Sawmill Road ( "the Project ");
WHEREAS, under the terms of the Agreement, Dublin was responsible for acquiring the
right -of -way attributable to the intersection improvements within the Dublin corporation limits
and Columbus was responsible for acquiring the right -of -way attributable to the infrastructure
and intersection improvements within the Columbus corporation limits;
WHEREAS, also under the terms of the Agreement, the Parties agreed that Dublin would
make payment to Columbus, up to a maximum of $135,000.00, for the right -of -way acquisition
attributable to the intersection improvements within the Columbus corporation limits;
WHEREAS, also under the terms of the Agreement, if the right -of -way acquisition costs
in Columbus for the intersection improvements are expected to exceed $135,000.00, the Parties
agreed to discuss the increases and determine how the additional costs shall be split between the
Parties;
WHEREAS, also under the Agreement, if the costs to Dublin exceed $135,000.00, a
written addendum outlining the additional items and providing funding for the additional items
by the appropriate Party may be required;
WHEREAS, the costs of acquisition of the intersection improvements in Columbus are
now being appraised at a higher price than initially estimated;
WHEREAS, in order for Columbus to continue with the acquisition of the right of way
for the intersection improvements, Dublin must appropriate an additional $180,000.00;
WHEREAS, the final costs for acquiring the right of way for the intersection
improvements in Columbus corporate limits are still undetermined;
Agreement
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties agree to the foregoing background information and
as follows:
I. This Addendum shall authorize an additional Dublin appropriation of
$180,000.00 for the acquisition of right -of -way attributable to the intersection
improvements within the Columbus corporation limits.
II. Columbus has provided Dublin with all appraisal reports for the right -of -way
attributable to the intersection improvements within the Columbus corporation
limits and shall continue to provide Dublin with any additional or updated
appraisals.
III. Columbus is only authorized to engage in settlements that are no greater than 10%
in excess of appraised values for the portion of the outstanding parcels attributable
to the intersection improvements. Dublin's prior approval is required for any
settlements great than 10% of appraised values.
IV. The remainder of the terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the
_day of
CITY OF COLUMBUS, OHIO
Tracie Davies, Director
CITY OF DUBLIN, OHIO
Marsha I. Grigsby
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