Ordinance 061-18Davton Leal Blank, Inc.
Ordinance No. 61-18
RECORD OF ORDINANCES
Passed
Form No. 30043
IR
ORDINANCE TO APPROPRIATE A 0.696 -ACRE FEE SIMPLE
WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION
TO EXISTING ACCESS RIGHTS; AND A 0.198 -ACRE PERPETUAL
PUBLIC UTILITY EASEMENT FROM THOMAS A. MCDOWELL AND
DIANE A. HORNUNG, FROM THE PROPERTY LOCATED ALONG
RIVERSIDE DRIVE AND BRIGHT ROAD FOR THE PUBLIC PURPOSE
OF CONSTRUCTING A NEW CUL-DE-SAC AND CONSTRUCTING
SANITARY SEWER LINES AND WATER LINE EXTENSIONS.
WHEREAS, the City of Dublin (the "City's is preparing to construct the Sanitary Sewer
and Water Line Extensions – Areas 4A, 4B, 4C, and Bright Road Cul -De -Sac Project
(the 'Project"); and
WHEREAS, the Project requires that the City obtain a fee simple warranty deed for
right-of-way, without limitation to existing access rights; and a perpetual public utility
easement from the parcel identified as Franklin County Parcel Number 273-008396-00,
owned by Thomas A. McDowell and Diene A. Hornung, as described in the attached
Exhibits A and depicted in the attached Exhibits B.
NOW® THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, of the elected members
concurring that:
Section 1. Council considers it necessary and declares its authorization to
appropriate, for the appraised value of $51,600, for the public purpose of constructing
a new cul-de-sac to be open to the public without charge and sanitary sewer and water
line extensions, the following property interests: a 0.696 -acre fee simple warranty deed
for right-of-way, without limitation to existing access rights; and a 0.198 -acre perpetual
public utility easement, as described in the attached Exhibits A and depicted in the
attached Exhibits B.
Section 2, The City Law Director's office is hereby authorized to file a petition for
appropriation in the county Court of Common Pleas should it become necessary, and
to utilize the quick -take procedures pursuant to R.C. 163.06, if applicable.
Section 3. This 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, including the authority to reach a reasonable administrative resolution with
the property owner to acquire the property interests in an amount greater than the
appraised value. Should the City reach a reasonable administrative resolution at an
amount greater than the appraised value, no further legislation is required.
Section 4. This Ordinance hall take effect in accordance with 4.04(b) of the Dublin
Revised Charter.
Pasle�d this,2 41�6-9aJ'°f.��!l��� , 2018.
Mdyor –Presiding Officer
ATTEST:
Clerk of Council
Ord 61-18
CityOffice of the City Manager
01,
1)) 5200 Emerald Parkway # Dublin, OH 43017-1090
Phoney 614-410-4400 * Fax. 614-410-4490 Memo
To: Members of Dublin City Counci
From: Dana L. McDaniel, City Manager /w/At
Date: September 6, 2018
Initiated By: Paul A, Hammersmith, P,E., Director of Engineering 1 City Engineer
Barbara A. Cox, P,E,, Engineering Manager
Kenneth B. Richardson, P,E,, P.S., Senior Civil Engineer
Philip K. Hartmann, Assistant Law Director
Re: Ordinances 60-18, 61-18, 62-18, 63-18 and 64.18 — Appropriations
for Sanitary Sewer and Water Line Extensions — Areas 4A, 4B, 4C and
Bright Road Cul -De -Sac (18-019-CIP,18-020-CIP)
BACKGROUND
On December 7, 2015, Dublin City Council adopted a policy regarding public water and sanitary
sewer utility extensions to areas that do not currently have access to these public services. The
policy outlines a process by which the City of Dublin ("City") will identify, prioritize and implement
the design and construction of public utility service extensions. The City has developed a
conceptual 15 -year plan for extending water and sanitary sewer lines to developed properties
within City limits.
The Sanitary Sewer and Water Line Extensions — Areas 4A, 4B, 4C and Bright Road Cul -De -Sac
Project (the "Project") is the second project to be implemented from the 15 -year implementation
plan, as depicted on the attached Location Map, The first project is currently under construction on
Bellaire Avenue and Limerick Lane (Areas 11A and 116). The utility service extension portion of the
Project is authorized in the 2018-2022 Capital Improvement Program (CIP), The Bright Road Cul -
De -Sac portion of the Project provides for the construction of a cul-de-sac to be located east of
Riverside Drive and has been planned as a roadway construction project since 2009. The
construction of the cul-de-sac was deferred until the completion of Emerald Parkway and the
traveling public became familiar with the new section of Emerald parkway, With the adoption of
the public utility service extension policy, the Riverside Drive and Bright Road intersection was
going to be impacted by the future sanitary sewer and water line extension work, The design and
construction of the Project was optimized and overall construction time period reduced by
combining the utility extensions work and the Bright Road cul-de-sac roadway construction into
one project,
The utility service extension portion of the Project extends water lines at these three locations:
the 12 -inch water line presently located along Riverside Drive south from Hanna Hills Drive to
Bright Road; a new 8 -inch water line along Bright Road from Riverside Drive to Emerald Parkway;
and a new 8 -inch water line along Grandee Cliffs Drive and a 2 -inch water line along Jenmar Court.
Additionally, the Project extends an 8 -inch sanitary sewer line at these three locations: along
Bright Road from Riverside Drive to the east approximately 1,200 feet (top of the hill); along
Ordinances 60-18 — 64-18 — Appropriations re, Sanitary Sewer and Water Line Extensions — Areas 4A, 4B, 4C
and Bright Road Cul -De -Sac (18-019•CIP,18-020-CIP)
September 6, 2018
Page 2 of 3
Grandee Cliffs Drive and Jenmar Court and along Bright Road from Grandee Cliffs Drive to the east
approximately 190 feet; and along Bright Road west of Macbeth Drive approximately 560 feet, The
water line extension portion of this Project will serve 48 existing parcels of which 43 parcels have
an existing well, The sanitary sewer extension portion will serve 43 existing parcels of which 38
parcels currently have various types of existing home sewage treatment systems (HSTS),
The Project requires the acquisition of property interest from a total of 18 property owners along
Riverside Drive, Bright Road, and Grandee Cliffs Drive. The City will participate in good faith
discussions and hopes to arrive at mutually agreeable terms with the property owners, The policy
on public water and sanitary sewer utility extensions adopted by City Council requests that
property owners donate to the City the perpetual utility easements needed to construct and
maintain the utility extensions,
Good faith Offer tetters, along with the appraisal report and associated information, were recently
sent to the five property owners, To date, the City has been in communication with four of the
property owners. The City is hopeful that an amicable resolution can be reached with the propert/
owners; however, these Ordinances authorize the City taw Director's Office to file complaints for
appropriation in the event that negotiations are unsuccessful, The Ordinances also authorize the
City to enter into reasonable administrative settlement in the best interest of the City without
further legislation,
AcQuISITIONS
The property acquisitions consist of the following property interests from each of the named
property owners, as depicted in the maps attached;
Property Owner(s)
Parcel
Property interests and
Auditor Parcel
j Number
Acreage
TD Number
John E, and Sally S.
8 -WD
Fee Simple WD for Right -of -Way,
273.008762.00
Leppert
i
0,336 acre of which 0.336 acres is
PRO (public road occupied)
$-U1
Perpetual Public Utility Easement,
0,068 acre
8-U2
Perpetual Public Utility Easement,
j
0.047 acre
Thomas A. McDowell
i 9 -WD
Fee Simple WD for Right -of -Way,
273-008396.00
(50%) Diane A. Hornung
0,696 acre of which 0,279 acre is
(50%)
PRO
_
1 9-U
Perpetual Public Utility Easement,
p i
0.198 acre
John W, McKitrick
13•U
I Perpetual Public Utility and Shared-
273.008736-00
Use Path Easement, 0,216 acre
Charles R. Johnson Jr,,
14-U
Perpetual Public Utility Easement,
273.008598.00
Trustee
0.044 acre
Ordinances 60-18 — 64-18 — Appropriations re, Sanitary Sewer and Water line Extensions — Areas 4A, 4B, 4C
and Bright Road Cul -De -Sac (18-019-CIP,18-020-CIP)
September 6, 2018
Page 3 of 3
Borror Realty Company
15-U
Perpetual Public Utility and Shared-
273.008380-00
(50%)
% Use Path Easement, 0.212 acre
I
Catholic Diocese of
Columbus 50%
Two properties, Parcel 8 and 9, will be impacted by the Bright Road cul-de-sac roadway
construction and will require storm sewer relocation, These properties impacted by the cul-de-sac
were appraised to determine the fair market value of the proposed right of way and utility
easements, Parcel 12 is owned by the Dublin School District and the acquisition from it will be
addressed in separate legislation. The undeveloped properties (Parcels 13 and 15) and 4163 Bright
Road (Parcel 14, single family residence) on the south side of Bright Road between Grandee Cliffs
Estates subdivision and Emerald Parkway were also appraised to determine the fair market value
of the proposed utility easements, The undeveloped properties and the properties impacted by the
cul-de-sac will be compensated for their right-of-way and easement property interests since they
are located outside of the designated unserved areas. The need for a shared -use path to provide
connectivity from the proposed new elementary school to Macbeth Drive developed during the
negotiating of the easements and is only necessary from the McKitrick and Borror Realty Company
parcels. The rights of the easements and the subsequent costs have been updated accordingly.
RECOMMENDATION
Staff recommends adoption of Ordinance Nos, 60-18 through 64.18 at the second reading/public
hearing on September 24, 2018, as these Ordinances authorize the City law Director's Office to file
complaints for appropriation in the event ongoing negotiations are unsuccessful and furthermore
will keep the Project moving forward, The Ordinances also authorize the City to enter into
reasonable administrative settlement in the best interest of the City without further legislation.
e
65{
DATE: 08/16/2018
7c*ityof Dublin
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LOCATION MAP
SANITARY SEWER AND WATERLINE
EXTENSIONS - AREAS 4A, 413, 4C AND
BRIGHT ROAD CUL-DE-SAC
1-270
/
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PROP. SANITARY SEWER
PROP. WATER LINE
PROP. CUL-DE-SAC
AREA BOUNDARY
SCALE: V= 400'
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DATE: 06/15/2018
City of Dublin
OHIO, USA
X273.008762-00
O
273-008398-00
MOMASA. MCDOWELL
(50% INTEREST)
DIANEA, HORNUNG
(50% INTEREST)
0RIVERSIDE DR
ORM42*08
PARCEL #5
f7.370ACRES
R
LEGEND
273.009067.00
5
i
-r
273.009139.00
PROPOSED RIGHT-OF-WAY
9 -WD: TOTAL = 0.696 Ac.
P. R.O. = 0.279 Ac.
NET =0.417 Ac
PROPOSED PERPETUAL
PUBLIC UTILITY EASEMENT
9-U: 0.198 Ac.
9 -WD, 9-U
SANITARY SEWER AND
WATERLINE EXTENSIONS -
AREAS 4A, 4B, 4C AND
BRIGHT ROAD CUL-DE-SAC
DUBLIN, OHIO 43016
SCALE: 1"m 200'
0 100 200 400
Parcel 9 -WD
SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C
AND BRIGHT ROAD CUL-DE-SAC
RIGHT-OF-WAY ACQUISITION
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
Grantor/Owner, for himself and his heirs, executors, administrators, successors and
assigns, reserves all existing rights 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 City of Dublin, County of Franklin, State of Ohio; also being a part of Lots
13 and 17, Quarter -Township 2, Township 2, Range 19 United States Military Lands; also
being a part of a 17.370 tract as conveyed to Thomas A. McDowell (50% interest) and
Diane A. Hornung (50% interest) as described in Official Record 31142 H-08 Parcel # 5;
being more particularly described as follows:
Beginning at a MAG nail set at the intersection of the centerline of Bright Road (County
Road #166; 35' right-of-way) and the centerline of Riverside Drive (State Route #257, 80'
right-of-way), said point being the northwesterly corner of said 17.370 acre tract, said
point also being the TRUE POINT OF BEGINNING, and from said beginning point
running thence,
Along the centerline of Bright Road and the northerly line of said 17.370 acre tract, said
line being parallel and 10.00' northerly of the southerly right-of-way line of Bright Road,
South 88° 2721" East for a distance of 695.16'to a MAG nail set at the northeasterly
corner of said 17.370 acre tract, also being the northwesterly corner of a 18.835 acre
tract, the remainder of a 21.411 acre tract as conveyed to City of Dublin as described in
Instrument No. 201011230159006, said point also potentially being the northwesterly
corner of the residual of a 19.41 acre tract as conveyed to O. Josephine Holder, LLC as
described in Official Record 34266 B-09; thence,
Along a portion of the easterly line of said 17.370 acre tract and a portion of the westerly
line of said 18.835 acre tract and potentially the residual of said lands of O. Josephine
Holder, LLC, South 02° 31-'46" West for a distance of 10.00' to a point witnessed by
an iron pin found with a "PATRIDGE" identifier cap that bears North 500 23' 12" East for
a distance of 0.48' from said point; thence,
Along a line through said 17.370 acre tract, parallel and 10.00' distant to the centerline of
Bright Road and the northerly line of said 17.370 acre tract, North 880 27'21" West for
a distance of422.56'to an iron pin set; thence,
Along a line through said 17.370 acre tract, South 450 09' 29" West for a distance of
108.80" to an iron pin set at a point of curvature; thence,
Along a line through said 17.370 acre tract following a curve to the right having an arc
length of 64.77; a radius of 80.00" a central angle of 046° 23' 10", and a chord that
bears South 680 21'04" West for a distance of 63.01' to an iron pin set at a point of
tangency; thence,
Along a line through said 17.370 acre tract, North 88° 27' 21" West for a distance of .0
146.36'to a MAG nail set, passing over an iron pin set at a distance of 50.09' from 'hey""
terminus of this course; thence,
Along a portion of the westerly line of said 17.370 acre tract and along the centerline of
Riverside Drive, North 050 01' 18" East for a distance of 113.80' to the point of
beginning, containing 0.696 acres of land, more or less, of which 0.279 acres is within the
Present Road Occupied (P.R.O.), as determined by Michael L. Keller, Professional
Surveyor, Ohio License No. 7978, based on a survey performed by The Kleingers Group
in February, 2018.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-
NSRS2007), with a portion of the centerline of Bright Road being South 88° 27' 21" East
based on a GPS survey utilizing CORS Station "COLB".
Iron pins set are 5/8" diameter rebar, 30" in length, with plastic identifier caps stamped
'THE KLEINGERS GROUP".
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
.11
i ro�Pf
0F0
} MICHAEL '•.
L.
KELLER
7978
.. stONAI SVa
Michael L. Keller Date
Professional Surveyor, Ohio License No. 7978
DESCRIM ION VERIFIED
()MNffU R. RORTiRTSW F.F... FC.
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LOTS 13 & 17, <TWP 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
_
P.O.B.
I I
R/!/ERSIDEDR%�E NOSOf'18ET _ _ g °Q
(SR257,• 80157,' 80 � — a�
—�R4N 2
Oti -10.00, 1I'�
273-00839600 �'' I 25WT = —
WOMASA. MCDOWELL (50% INTEREST) I 2
DIANEA. HORNUNG (50% INTEREST)
ORIVERSIDEDR
OR 31142 H-08
:70 'yotiAb
PARCEL #5
17370ACRES p�j Z�rnA�S a Avv�iWw
r_
A m.
9 -WD OZyvg r r
RIGHT-OF-WAVACOUISITION
TOTAL =0. 6
Hi
ml
P.R.O.=0.279ACRES g
NET = 0.417ACRES v
BASIS OF BEARINGS.'
BEARINGS ARE BASEO ON THE STATE PLANE
COOROINATESYSTEM OHIOSOUTHZONE
(NAD83-NSRS2007)W//HAPORTIONOFTHECENTERLINE
0 F BRI GHT ROAD BEING S 88' 17 11' E BAS ED ON A
GPS SURVEY U7ILONG CORS STATION'COLB
LEGEND
• 578" CAPPED IRON PIN SET
A MAG NAIL SET
O 578"IRON PIN FOUND
OO 1"IRON PIPE FOUND
0
173-008414-00
CITYOFDUBLIN
4729BRIGHTRO
IN.2010H230159006
21.411 ACRES (ORIGINAL)
18.835 ACRES (RESIDUAL)
�P•(E�F,�y�o.
78
5
;? MICHAEL ':
r L.
{(ELLER 1
0
a . •;Rw.....
N502372B 0.40'
FROM CORNER
0. JOSEPHINE 1000'
HOLDER, LLC
OR34266B-09
POSS/BLERESIDUAI I
OF 19.41 ACRE TRACT I I
I
i
273-008737-00
ROBERTC. &JOETTA L. BODE
4760BRIGHTRD
DB3579PG311
1.703ACRES
273-008734-00
TODD L. &JENNIFER L. BRENEMAN
4740BRIGHTRD
OR 8383 C.13
f.70ACRES
273-009139-00
✓PFAULKNER
4700BRIGHTRD
IN. 200201080007724
IN. 100303130074520
3371ACRES
I HEREBYCERTIFY THAT THIS PLAT /S BASED
UPOFNIELD SUR ADE U� MYD/RECTION.
MICHAEL L. KELLER DATE
OH/0 PROFESSIONAL SURVEYOR NO. 7978
CI�NDSC REEEPoHG
$Ux YING
uxosugE
MCxItECNPE
THE .kleingenxrom
KLEINGERS g Waxx,Rl RE
ane 9
GROUP 5 ldemNa, 43C83
EXHIBIT B
PARCEL 9 -WD
SANITARY SEWER AND
WATER LINE
EXTENSIONS -AREAS 4A,
B, 4C AND BRIGHT ROA]
CUL-DE-SAC
GATE.6114118
SCALE: 1'=100'
mD �D �a
1 OF 1
EXHIBIT A
Parcel 9-U
SANITARY SEWER AND WATER LINE EXTENSIONS -AREAS 4A, 4B, 4C
AND BRIGHT ROAD CUL-DE-SAC
PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES,
STORM DRAINAGE AND GRADING
IN THE NAME AND FOR THE USE OF THE
CITY OF DUBLIN, OHIO
Situated in the City of Dublin, County of Franklin, State of Ohio; also being a part of Quarter -Township 2,
Township 2, Range 19 United States Military Lands; also being a part of Franklin County Auditors tax
parcel number 273-008396, a 17.370 tract as conveyed to Thomas A. McDowell (50% interest) and Diane
A. Hornung (50% interest) as described in Official Record 31142 H-08 Parcel # 5; being more particularly
described as follows:
Beginning at the intersection of the westerly line of said 17.370 acre tract and the southerly right-of-way
line of Bright Road (County Road #166; 35' right-of-way); thence,
Along a portion of the westerly right-of-way line of said 17.370 acre tract, South 020 31' 46" West for a
distance of20.00'to a point; thence,
Along a line through said 17.370 acre tract, parallel and 20.00' distant to the southerly right-of-way line of
Bright Road, North 88'27'21" West fora distance of441.27'to a point; thence,
Along a line through said 17.370 acre tract, North 45° 09' 29" East for a distance of 27.62' to a point;
thence,
Along a line through said 17.370 acre tract and along the southerly right-of-way line of Bright Road, South
88° 27'21" East fora distance of422.56'to the point of beginning, containing 0.198 acres of land, more
or less.
Basis of bearings is the State Plane Coordinate System, Ohio South Zone (NAD83-NSRS2007), with a
portion of the centerline of Bright Road being South 88' 27'21 " East based on a GPS survey utilizing CORS
Station "COLB".
Subject to any easements, restrictions, covenants, ordinances or agreements of record
OF 0...
MICHAEL
KFLLER
r Michael L. Keller /Date
} 7978 %,ap Professional Surveyor, Ohio License No. 7978
Is
10NAL`'J
ED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES
Sq TWP 2, TWP 2, R 19 USML; CITY OF DUBLIN, FRANKLIN COUNTY, OHIO
® P.
273-009139-00
JPFAULKNER
4700 BRIGHT RO
IN. 200201080007724
IN. 200303130074520
3.371ACRES
I �
273-008734-00 I
TODD L. & JENNIFER L. BRENEMA
4740 SRIGHTRD
OR 8363 G13
1.70ACRES
I I
273-008414-00
�+ CITYOFDUBLIN
d 4729BRIGHTRD
IN 201011230159006
SOnl'46-W 21.411 ACRES (ORIGINAL)
273-008737-00
EXHIBIT B
PROJECTNO.
ROBERT C & JOETTAL. BODE
u
4760BRIGHTRD
6121ma
'PARCEL
DS 3579 PG 311
1.703ACRES
I
I
9GRVEYING
LANDscRRE
"RGNrtE"�""
klal^"n.`om
s ; ^"^�^��^Ra
.14a.M` ll
I
Q
� I
I
_
0 30
60 120
PR
O F 1
M
CUL-DE-SAC
273-008762-00
CSD
✓OHNE. & SALLYS. LEPPERT
4780BRIGHTRD
IN 201311060186158
1.357ACRES
I
I
IS$
2s
i
OF
.0%0
f MICHAEL
! L. t
I KELLEF
797?
',L.SSLONAL Svc
273-008396-00
THOMAS A. MCDOWELL (50% INTEREST)
DIANEA. HORNUNO (50% INTEREST)
ORIVERSIOEDR
OR 31142H-08
PARCEL #5
17370ACRES
_�_ 9-U
PERPETUALEASEMENTFOR
THECONSTRUCTIONAND
MAINTENANCEOFPUBLIC
UTILITIES, STORMDRAINAGE
AND GRADING
0.198 ACRES
BASIS OF BEARINGS
BEARINGS ARE BASED ON THE STA TE PLANE COORDINATE
SYSTEM OHIO SOUTH 2ONEM083,NSRS2017f WITH PORTION
OF THE CENTER[ INE OF BRIGHT ROAD BEING S 88 ° 2721' E
BASED DNA GPS SURVEY UTILONG CORS STA TION COLB:
MICHAEL L. K [LER bA TE
OHIO PROFESSIONAL SURVEYOR NO. 7978
EXHIBIT B
PROJECTNO.
170474.000
9-U
DATE
6121ma
'PARCEL
SANITARY SEWER
SCALE r 1•=60'
AWGMLENGEIEERING
THE
KLEINGERS
GROUP
9GRVEYING
LANDscRRE
"RGNrtE"�""
klal^"n.`om
s ; ^"^�^��^Ra
.14a.M` ll
AND WATER LINE
EXTENSIONS -AREAS
4A, 4B, 4C AND
BRIGHT ROAD
_
0 30
60 120
SHEET NO.
1
O F 1
CUL-DE-SAC