Ordinance 038-157
RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
38 -15
Ordinance No.
Passed .20—
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR
THE MAINTENANCE OF A BRIDGE ON SR 745 OVER INDIAN RUN,
ACCEPTING EASEMENTS ASSOCIATED WITH THE MAINTENANCE,
RELEASING UNNECESSARY EASEMENTS, AND DECLARING AN EMERGENCY
WHEREAS, ODOT currently holds multiple easements as Instrument Numbers
194911090240239, 194911090240240, 194911090240242, 194911090240243,
194911090240244, and 194911090240247, and Miscellaneous Records 61/329, 61/328,
and 61/327, and shown in Exhibit "A ", all recorded in the Franklin County Recorder's Office
(the "Easements'l, located adjacent to the Bridge identified as Structure File Number
2517523, in which it assumes maintenance responsibilities for the Bridge within Dublin's
corporate limits on SR 745; and
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code, provides that the Director
may coordinate the activities of the Department of Transportation with other appropriate
public authorities and enter into contracts with such authorities as necessary to carry out
its duties, powers and functions; and
WHEREAS, the City of Dublin has worked closely with the Ohio Department of
Transportation to negotiate the release of the easements under the condition of accepting
maintenance of Structure File Number 2517523; and
WHEREAS, the City desires to release certain easements designated as 194911090240240
and 194911090240244 otherwise described as Parcels 2 and 4 in the 1949 plan
documents.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of
its elected members concurring, that:
Section 1. The City Manager is hereby authorized to enter into a Maintenance
Agreement with the Ohio Department of Transportation for the Maintenance of a Bridge on
SR 745 over Indian Run, which is located within the City of Dublin, in substantially the
same form as attached, with changes not inconsistent with the Ordinance and not
substantially adverse to the 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 Ordinance. 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
Maintenance Agreement, which amendments are not inconsistent with the Ordinance and
not substantially adverse to this City.
Section 3. This Ordinance is declared to be an emergency necessary for the immediate
preservation of the public peace, health, safety and welfare and for the further reason to
comply with the construction timetables previously agreed upon by the City. This ordinance
shall therefore take effect upon adoption in accordance with Section 4.04(a)(6) of the
Revised Charter.
ed this day of 2015.
-9-
ayor - Presiding Officer
ATTEST:
v
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, 01-143017-1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Dana L. McDaniel, City Ma nag
Date: June 4, 2015
Initiated By: Megan O'Callaghan, P.E., Director of Public Works
Paul A. Hammersmith, P.E., Director of Engineering /City Engineer
Mandy K. Bishop, P.E., S.I., Bridge Street District Program Manager
Memo
Re: Ordinance No. 38 -15 - Authorizing the City Manager to Enter into an
Agreement with the Ohio Department of Transportation for the
Maintenance of a Bridge on SR 745 over Indian Run, Accept Easements
Associated with the Maintenance and Release of Unnecessary
Easements, and Declaring an Emergency.
Background
The Ohio Department of Transportation (ODOT) currently holds easements related to the construction
and maintenance of the existing SR 745 (North High Street in Historic Dublin and Dublin Road north
of Historic Dublin) bridge over Indian Run within the City of Dublin Corporation limits.
Figure 1: Bridge Location
The existence of these easements came to light as the City and local developers began to study the
redevelopment opportunities and issues associated with the properties at 94 and 100 North High
Street. It was determined early in this analysis that the easements were executed in 1949 when the
bridge was constructed, when ODOT legally had the primary responsibility for the maintenance of
Dublin Road in general, and more specifically for the bridge over Indian Run. Since that time, Dublin
has assumed responsibility for routine maintenance for this section of roadway and bridge. Given
Dublin's role in maintaining this roadway and its associated infrastructure, these ODOT "slope"
easements are no longer needed, and are in conflict with the vision for the Bridge Street District. The
Ordinance 38 -15 — Agreement with ODOT for Maintenance of Bridge on SR 745
June 4, 2015
Page 2of3
slope easements span two parcels on the east side of North High Street and extend from the
centerline of North High Street east into 100 North High Street and City of Dublin owned property
purchased for the park. The slope easements along North High Street were intended to provide
access for ODOT to maintain the slope of SR 745. This slope will no longer exist in the future due to
the redevelopment 100 North High Street, as the new building will be constructed to meet street
level.
The transfer and ultimate elimination of the slope easements will allow for the development of Bridge
Park West as the new buildings will provide the stability needed to ensure a stable condition for the
roadway. As part of the City's purchase of approximately 7.25 gross acres of park land located on 94
and 100 North High Street from Crawford Hoying, the City agreed to work in good faith with ODOT to
obtain release of the easements as shown in Figure 2.
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Figure 2: SR 745 Maintenance & Slope Easements to be accepted by the City
The City also continues to advance the planning for the Scioto River parks in this area. As part of the
park planning effort, it has been contemplated that the City would endeavor to connect Indian Run
Falls Park through the bridge and into the new Scioto River parks, if possible. Accepting maintenance
responsibility would allow the City greater flexibility to modify the bridge as necessary and
appropriate to provide a desirable connection to the parks.
Staff has been working with ODOT on the process for the transfer and ultimate release of these
easements for approximately 11 months.
ODOT has agreed to transfer the slope easements in exchange for the City of Dublin agreeing to
maintain the bridge. City responsibilities will include the routine inspection, maintenance and all costs,
fees, and expenses associated with or related to all of the maintenance of the bridge. Agreement by
Ordinance 38 -15 — Agreement with ODOT for Maintenance of Bridge on SR 745
June 4, 2015
Page 3 of 3
the City to maintain the bridge necessitates transfer of additional related easements which ODOT has
also agreed to transfer to the City of Dublin to maintain the bridge.
The transfer will occur with a recording by ODOT with the Franklin County Recorder's Office and the
disposal of land interest, in this case an easement, is performed by a recording of "Release of
Easement" by the City of Dublin with the Franklin County Recorder's Office, upon approval by City
Council.
Bridge Condition
The bridge identified as Structure File Number (SFN) 2517523 on SR 745, Dublin, Ohio is a structure
that is 153 feet long with a span of 16 feet over Indian Run. According to ODOT's most recent
inspection report dated November 19, 2013, the bridge is rated in "Satisfactory" condition with a
General Appraisal of "6" on a scale of 1 -9 with 9 being "Excellent" condition.
Based on discussions with ODOT, this type of bridge with a "Satisfactory" condition would not be
scheduled for replacement until the General Appraisal is "Poor." By ODOT's estimation, the bridge
would not be scheduled for replacement for approximately 20 years.
Recommendation
Staff recommends Council dispense with the public hearing and adopt Ordinance No. 38 -15 by
emergency at the June 8 Council meeting to comply with the construction timeframes as agreed upon
by the City.
Exhibit "A"
Ohio Department of Transportation Easements
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ODOT AGREEMENT NO. 2015 -0218
MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
SR745 BRIDGE over INDIAN RUN
This Maintenance Agreement (hereinafter the "Agreement ") is made by and between the State of
Ohio, acting by and through the Director of Transportation, hereafter referred to as "ODOT ",
1980 West Broad Street, Columbus, Ohio 43223, and the City of Dublin, an Ohio municipal
corporation, hereinafter referred to as "Dublin ", 5200 Emerald Parkway, Dublin, Ohio 43017
(collectively "the Parties" and individually "Party ").
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code, provides that the
Director may coordinate the activities of the Department of Transportation with
other appropriate public authorities and enter into contracts with such authorities
as necessary to carry out its duties, powers and functions; and
WHEREAS, ODOT currently holds multiple easements as Instrument Numbers
194911090240239, 194911090240240,194911090240242 ,194911090240243,
194911090240244, and 194911090240247, and Miscellaneous Records 61/329,
61/328, and 61/327, and shown in Exhibit "A ", all recorded in the Franklin
County Recorder's Office (the `Basements "), located adjacent to the Bridge
identified as Structure File Number 2517523, in which it assumes maintenance
responsibilities for the Bridge within Dublin's corporate limits on SR 745; and
WHEREAS, Dublin desires that ODOT transfer the Easements enter into a
Maintenance Agreement for Dublin to assume maintenance of the Bridge located
within the Easements in accordance with the terms and conditions set forth herein;
and
WHEREAS, Dublin desires that ODOT transfer the Easements and enter into a
Maintenance Agreement for Dublin to assume maintenance of the Bridge located
within the Easements in accordance with the terms and conditions set forth herein;
and
WHEREAS, ODOT desires to transfer the Easements to Dublin for the same
purpose, in accordance with the terms and conditions set forth herein; and
NOW THEREFORE, the Parties covenant, agree and obligate themselves as
follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. Unless otherwise defined herein, words and terms used in this
Agreement with initial capital letters shall have the meanings set forth in this Section 1.1.
ODOT AGREEMENT NO. 2015 -0218
"Agreement" means this Maintenance Agreement by and between Dublin and ODOT, as
duly amended or supplemented from time to time in accordance with its terms.
"Bridge" means the Bridge identified as Bridge SFN 2517523 on SR 745, Dublin, Ohio.
"Easements" means the Easements held by the State of Ohio being Instrument Numbers
194911090240239, 194911090240240, 194911090240242 ,194911090240243,
194911090240244, and 194911090240247, and Miscellaneous Records 61/329, 61/328, and
61/327, all recorded in the Franklin County Recorder's Office, and as shown in the construction
plan sheet from the FRA- 745 -0.13 dated 1949 and included for reference as Exhibit "A ".
"Person" shall mean an individual, a corporation, a partnership, an association, a limited
liability company, a joint stock company, a joint venture, a trust, an unincorporated organization,
or a government or any agency or political subdivision thereof.
"State" means the State of Ohio, one of the United States of America.
"Maintenance" shall include all minor and major repairs including rehabilitation and
replacement of the Bridge.
Section 1.2 Certain Words Used Herein; References. Any reference herein to Dublin
or ODOT, any members or officers thereof, or other public boards, commissions, departments,
institutions, agencies, bodies or other entities, or members or officers thereof, includes without
limitation, entities or officials succeeding to their respective functions, duties or responsibilities
pursuant to or by operation of law or performing their functions lawfully.
Any reference to sections or provisions of the Constitution of the State, the Act, a section,
provision or chapter of the Ohio Revised Code, federal or State laws includes without limitation,
that section, provision or chapter, or those laws or regulations, as amended, modified, revised,
supplemented or superseded from time to time.
Words of any gender include the correlative words of any other gender. Unless the
context indicates otherwise, words importing the singular number import the plural number, and
vice versa. The terms "hereof', "herein", "hereby ", "hereto ", and "hereunder ", and similar
terms, refer to this Agreement; and the term "hereafter" means after, and the term "heretofore"
means before the date of delivery of this Agreement.
ARTICLE II
MAINTENANCE AGREEMENT
Section 2. OBLIGATIONS OF THE CITY
2.1 Upon transfer of the Easements, and thereafter during the entire time that this Agreement
is in effect, Dublin shall be responsible for the routine inspection and maintenance of the
Bridge within the Easements, and all costs, fees, and expenses associated with or related
to all of the maintenance of the Bridge within the Easements;
ODOT AGREEMENT NO. 2015 -0218
Section 3. OBLIGATIONS OF THE STATE
3.1 In consideration of the duties and obligations to be undertaken by Dublin pursuant to this
Agreement, ODOT shall transfer the Easements to Dublin to be used by the City at its
discretion. Said transfer shall be made by ODOT within thirty (30) days after execution
of this Agreement.
Section 4. EXPIRATION; TERMINATION
4.1 The term of this Agreement shall commence upon the date of execution of both parties
and shall continue in full force and effect unless and until the Agreement is terminated
pursuant to a written agreement, which reference this Agreement, and is signed by both
parties. Absent such a written termination agreement, this Agreement and the Parties'
obligations hereunder shall continue in perpetuity.
Section 5. GENERAL PROVISIONS
5.1 The signing of the Agreement does not in any way abridge the right of the Director of
Transportation in her or his jurisdiction over the state highway system.
5.2 This Agreement constitutes the entire Agreement between the parties. All prior
discussion and understandings between the parties regarding maintenance are superseded
by this Agreement.
5.3 Any modifications to this Agreement shall be agreed to by both parties in writing and
shall reference this Agreement.
5.4 Neither this Agreement nor any rights, duties, or obligations described herein shall be
assigned to any other Person without the express written consent of the other Party.
5.5 This Agreement shall be construed and interpreted and the rights of the parties
determined in accordance with the laws of the State of Ohio.
5.6 The District Deputy Director of District 6 shall have authority to ensure the compliance
of the provisions of this Agreement.
5.7 The signing of the Agreement or the doing of any work thereunder shall constitute an
agreement by Dublin to comply with all of the terms, conditions, and restrictions written
herein.
5.8 Dublin shall be responsible for all loss, liability, damages, or claims for injury or death,
or whatever nature to any person, property, or business caused by or resulting from
activities of Dublin, its employees, agents, or contractors including any costs incurred by
ODOT for defending same.
ODOT AGREEMENT NO. 2015 -0218
5.9 The bridge shall be maintained, rehabilitated or replaced to a standard that is not less than
the existing condition.
5.10 Any Person executing this Agreement in a representative capacity hereby warrants that
he /she has been duly authorized by his/her principal to execute on such principal's behalf.
STATE OF OHIO
Department of Transportation
Lb-Z
Date
Jerry Wray, Director
4850- 6617 -3217, v. 1
0127219.0608226 4850- 6617- 3217v1
CITY OF DUBLIN
By:
Dana L. McDaniel, City Manager
Date
Portion above reserved for State of Ohio Auditor, Engineer and Recorder's Offices use
RELEASE OF EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS THAT THE CITY OF DUBLIN, OHIO, an Ohio municipal
corporation, hereby releases, discharges, and cancels the below referenced Deed of Easement
(the "Easement "):
PRIOR INSTRUMENT REFERENCE: [ 1 RECORDER'S OFFICE;
[ 1 COUNTY, OHIO; GRANTOR
[ TO GRANTEE CITY OF DUBLIN,
OHIO
Signed and acknowledged by Dana L. McDaniel, City Manager of the City of Dublin, Ohio, a
municipal corporation, this day of 52015.
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
STATE OF OHIO )
COUNTY OF FRANKLIN ) SS:
Dana L. McDaniel, City Manager
BE IT REMEMBERED that on this day of , 2015, before me, the
subscriber, a Notary Public in and for said County, personally came Dana L. McDaniel, the City
Manager of the City of Dublin, Ohio, who acknowledged the signing thereof to be her voluntary
act and deed for and on behalf of the municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official
seal, on the day and year last aforesaid.
Notary Public
This Instrument Prepared By:
Frost Brown Todd, LLC
One Columbus, Suite 2300
10 West Broad Street
Columbus, Ohio 43215
4848 - 8121 -4496, v. 1