Resolution 078-17RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
78-17
Passed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LETTER OF AGREEMENT WITH THE CITY OF COLUMBUS
RELATED TO THE FRA TUTTLE CROSSING EXTENSION PROJECT.
WHEREAS, the City of Dublin (the "City's is preparing to construct the Tuttle Crossing
Extension Project (the "Project"); and
WHEREAS, the City, through the Engineering Department, is serving as the lead
agency for the Project, and will be purchasing all required right-of-way needed for all
improvements associated with the Project; and
WHEREAS, the Project extends into the corporate limits of the City of Columbus; and
WHEREAS, as the lead agency for the Project, the City will also be acquiring necessary
right-of-way in the City of Columbus corporate limits in the name of the "City of Dublin,
Ohio;" and
WHEREAS, in the event that appropriation is required, the City will file and litigate all
right-of-way acquisitions required of the Project within the City of Columbus corporate
limits; and
WHEREAS, the City is also responsible for the payment of all costs associated with
the purchase of the land and consultant fees for those parcels located within the City
of Columbus corporate limit; and
WHEREAS, the City of Columbus will maintain the improvements within its jurisdiction
after the Project is complete, subject to any future boundary adjustments; and
WHEREAS, pursuant to requirements established by the Ohio Department of
Transportation, the City Manager must execute a letter agreement with the City of
Columbus outlining the City's responsibility for this Project within the City of Columbus
corporate limits.
NOW, THEREFORE, BE IT RESOLVED by the Coun i f the City of Dublin, Counties
of Delaware, Franklin, and Union, State of Ohio, of the elected members
concurring that:
Section 1. The City Manager is hereby authorized to execute a letter of agreement
between the City of Columbus and the City of Dublin for the acquisition of right-of-way
related 'to the Project 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. 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. This Resolution shall be effective upon passage in accordance with
Sectio 14.04(a) of the Revsed Charter.
Pass this �y of ✓u(7V�.'�y(,�o�!/ , 2017.
Mayor — Presiqiyfg Offer
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: Dana L. McDaniel, City Mana
Date: November 2, 2017
Initiated By: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean -Ellen Willis, PE, Engineering Manager - Transportation
Memo
Re: Resolution 78-17 -Authorizing the City Manager to Enter into a Letter
Agreement with the City of Columbus for the FRA -Tuttle Crossing Boulevard
Extension and Avery Road Widening Project, Phase 1 (ODOT PID No. 99815)
Background
Dublin staff has been working to complete detailed construction drawings and right-of-way plans
for the FRA —Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1 project. The
project is advancing and has received right-of-way acquisition authorization from the Ohio
Department of Transportation (ODOT) to commence right-of-way activities. As the City of Dublin
is the lead agency for this project, it is Dublin's responsibility to acquire all necessary right-of-way
for the project.
This project will require land from the City of Dublin and six other owners with properties located
within the City of Columbus, and, as such, requires Dublin to enter into a Letter Agreement with
the City of Columbus to acquire needed acreage within the Columbus jurisdiction. The property
owners are shown below in Figure 1 and listed on page 2.
Figure 1: Affected Property Owners located in the City of Columbus
Memo re. Resolution 78-17 — MOA with Columbus for FRA - Tuttle Crossing Bld. Extension/Avery Road
Widening Project, Phase 1
November 3, 2017
Page 2 of 2
The affected property owners are:
1. Avery Brooke, LLC
2. City of Columbus
3. Gage Crossing IL LLC
4. Edwards Avery Road,, LLC
5. City of Dublin
6. The Orchard at Wilcox,, LTD
7. Thomas A. McDowell
The cost of the right-of-way acquisition is part of the overall project cost and is included in the
adopted 2018-2022 Capital Improvements Program. Total right-of-way acquisition costs are
budgeted to be $5,400,000. Currently, the project is planned to be funded through service
payments from the Rings/Frantz TIF and an advance from the General Fund.
Staff recommends adoption of Resolution 78-17, Authorizing the City Manager to enter Into a
Letter of Agreement with the City of Columbus for the FRA - Tuttle Crossing Boulevard Extension
and Avery Road Widening Project, Phase 1 (ODOT PID No. 99815).
2017
Jennifer Gallagher, P.E., Director
City of Columbus
Department of Public Service
50 West Gay Street
Columbus, OH 43215
Subject: PID #99815, FRA -Tuttle Crossing Extension
Dear Ms. Gallagher:
This letter shall serve as an understanding regarding acquiring right-of-way for the City of Dublin project,
PID #99815, FRA -Tuttle Crossing Extension (the "Project'), and shall serve to clarify some additional
details.
• The City of Dublin, through the Engineering Department, shall serve as the lead agency for the
improvements for the Project.
• The City of Dublin shall purchase all required right-of-way needed for said improvements as
detailed in the right-of-way plans associated with said Project, including those right-of-way
purchases within the City of Columbus' corporate jurisdiction. Deeds shall be acquired in the
name of "City of Dublin, Ohio".
• All temporary easements shall be acquired in the name of "City of Dublin, Ohio" and maintained
on file within the City of Dublin throughout the duration of the time described in the easements.
• The City of Dublin's Engineering Department shall be selling and awarding the Project to a
contractor.
• In the event that appropriation is required, the City of Dublin shall file and litigate all right-of-
way acquisitions required of the Project within the City of Columbus corporate jurisdiction.
• The City of Dublin shall pay for all costs associated with the purchase of the land and consultant
services fees for those parcels located within the City of Columbus corporate jurisdiction.
• Improvements will be maintained by the City of Columbus within their jurisdiction, subject to
future boundary adjustments, except, however, the City of Dublin will be responsible for all
drainage facilities as part of the project, including the drainage facilities located in 14A SH,
regardless of jurisdiction.
Acknowledged and concurrence as indicated by:
CITY OF COLUMBUS
Jennifer Gallagher, P.E., Director
Department of Public Service
CITY OF DUBLIN
Dana McDaniel, City Manager
City of Dublin
Date Date