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Ordinance 064-18Dayton Legal Blank, Inc. Ordinance No. 64-18 RECORD OF ORDINANCES Form No. 30043 Passed , 20 AN ORDINANCE TO APPROPRIATE A 0.212 -ACRE PERPETUAL PUBLIC UTILITY AND SHARED -USE PATH EASEMENT FROM BORROR REALTY COMPANY AND CATHOLIC DIOCESE OF COLUMBUS FROM THE PROPERTY LOCATED ON BRIGHT ROAD FOR THE PUBLIC PURPOSE OF CONSTRUCTING A NEW CUL-DE-SAC AND CONSTRUCTING SANITARY SEWER LINES AND WATER LINE EXTENSIONS AND A SHARED -USE PATH. WHEREAS, the City of Dublin (the "City's is preparing to construct the Sanitary Sewer and Water Line Extensions — Areas 4A, 4B1 4C, and Bright Road Cul -De -Sac Project (the "Project'; and WHEREAS, the Project requires that the City obtain a perpetual public utility and shared -use path easement from the parcel identified as Franklin County Parcel Number 273-008380-00, owned by Borror Realty Company and Catholic Diocese of Columbus, as described in the attached Exhibits A and depicted in the attached Exhibits B. NOW, THEREFORE, BE IT ORDAINED by the Cou cil 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 $25,400.00, for the public purpose of constructing sanitary sewer and water line extensions, and a shared -use path, the following property interests: a 0.212 -acre perpetual 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 Ordina shall take effect in accordance with 4.04(b) of the Dublin Revise Charter. Pass this 1- d y o� , 2018. yor — PreVding Officer ATTEST: Clerk of Council Ord 64-18 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 OHIO, USA i LU coI �a RIGHTRD BRIGHT RD _ co { I *LL LUUJ o I� r > i A .- - 0—. -1-270 - --- -- �- EMERALD PAR WAY LOCATION MAP SANITARY SEWER AND WATERLINE EXTENSIONS - AREAS 4A, 413, 4C AND BRIGHT ROAD CUL-DE-SAC 1-270 / I F(;FNn PROP. SANITARY SEWER PROP. WATER LINE PROP. CUL-DE-SAC AREA BOUNDARY SCALE: V= 400' o 200 400 800 0 E CL m ON0011:3111re1 Parcel 15-U SANITARY SEWER AND WATER LINE EXTENSIONS - AREAS 4A, 413, 4C AND BRIGHT ROAD CUL-DE-SAC PERPETUAL EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM DRAINAGE, SHARED -USE PATH, 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 Lot 12, Quarter - Township 2, Township 2, Range 19 United States Military Lands, also being a part of Franklin County Auditor's tax parcel number 273-008380, a 18.512 acre tract, the residual of those lands as conveyed to Borror Realty Company (50% interest) as described in Official Record 8775 F-01 and Official Record 26466 A-15, and Catholic Diocese of Columbus (50% interest) as described in Deed Book 2961 Page 661, being more particularly described as follows: Commencing at the northwesterly corner of said 18.512 acre tract, said point being along the centerline of Bright Road (County Road 166, right-of-way varies), thence, Along a portion of the westerly line of said 18.512 acre tract, South 030 06' 11" West for a distance of 17.50'to a point along the southerly right-of-way line of Bright Road, said point also being the TRUE POINT OF BEGINNING, and from said beginning point running thence, Along a line through said 18.512 acre tract and along the southerly right-of-way line of Bright Road, South 870 08'10" East fora distance of 65.80'to a point, thence, Along a line through said 18.512 acre tract and along the southerly right-of-way line of Bright Road, North 890 51'23" East fora distance of396.31'to a point along an easterly line of said 18.512 acre tract, also being along a westerly line of said 0.181 acre tract as conveyed to City of Dublin as described in Instrument No. 201012290177929 (parcel 9-WD2), thence, Along a portion of an easterly line of said 18.512 acre tract and the westerly line of said 0.181 acre tract and along the right-of-way line of Bright Road, and then through said 18.512 acre tract, South 000 10'49" East fora distance of20.00'to a point, thence, Along a line through said 18.512 acre tract, parallel and 20.00'distant to the northerly line of said 18.512 acre tract and the southerly right-of-way line of Bright Road, South 890 51'23" West for a distance of 396.85'to a point, thence, Along a line through said 18.512 acre tract, parallel and 20.00' distant to the northerly line of said 18.512 acre tract and the southerly right-of-way line of Bright Road, North 870 08' 10" West for a distance of 66.41'to a point along the westerly line of said 18.512 acre tract, thence, Along a portion of the westerly line of said 18.512 acre tract, North 030 06' 11" East for a distance of 20.00'to the point of beginning, containing 0.212 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 890 51'23" East based on a GPS survey utilizing CORS Station "COLB". Subject to any easements, restrictions, covenants, ordinances or agreements of record /PSE 0 F0", MICHAEL L. K978R �44 Michael L. Keller Professional Surveyor, Ohio License No. 7978 8/29/18 Date INSPIRED PEOPLE CREATIVE DESIGN TRANSFORMING COMMUNITIES LOT 121 4 TWP 2, TWP 2, R 19 USMLI CITY OF DUBLIN, FRANKLIN COUNTY, OHIO BASIS OFBEAR/NGS: BEARINGSAREBASED ON THE STA TE PLANE COORDINATE SYSTEM, OHIO SOUTHZONE (NAD83-NSRS2007) W/THA PORTION OF THECEWERUNE OFBR/GHTROAD BEING S 89051'23"EB4SED DNA GPS SURVEYUTILIZ/NG CORS STATION COLB". KIPLINGER ESTATES PB 61 PG 51 20 10 273-008756M 273,008886010 JEFFREYL ASMAN 273-008787-M a JEFFREYL. ASAMN ANDREW 8 DONNA 0R25719G14 AEIDEL PARCEL 1 4170 BRIGHTRD BRIGHT RO GATE.' P.O.C. S03006'11"W — �n- 1750' AMk $, PL P.O.B. s67°o6'1oE _ — 65.80' EXTENSIONS -AREAS 03006711E /1177- THE KLEI NGERS 2000' N870'10"W 66.41' a w 273-008736-00 JOHN W. MCKITR/CK 0 BRIGHTRD OR 12018 /--13 18.029ACRES /PSE- 0 F Oti\ MICHAEL L. K978R 17 OR25719G14 PARCEL 2 4158BRIGHTRD BRIGHT ROAD N89051231E 396.31' S8905123"W 396.85' irU PERPETUALEASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES, STORM DRAINAGE, SHARED -USE PATH, AND GRADING 0.212ACRES � 14 273-008598-00 CHARLES R. JOHNSON, JR., TRUSTEE 4163 BRIGHTRD IN. 200309180298473 1.361 ACRES 273-008789-00 7HEASMANLAND CO., LTD. /N. 199901130008358 . 4150BRIGHTRD CITYLYMBLIN 201012290177929 9-WD2 O. f8f ACRES —R4Y r C4 111E z't S00°1049 E 20.00' 273-008380-00 BORROR REALTYCOMPANY(50% INTEREST) OR 8775 F-01 OR26466A-15 CATHOLIC DIOCESE OF COLUMBUS (50% INTEREST) D62961 PG 661 MICHAEL L. KELLER OHIO PROFESSIONAL SURVEYOR N0. 7978 18.512 ACRES (RESIDUAL) 8/29/18 DATE EXHIBIT B PROJECTNO. 170474.000 PARCEL 15-U GATE.' am/98 CML ENGINEERING SANITARY SEWER SO4LE' 1" 80' AMk $, AND WATER LINE _ E MCHITECMRE.com EXTENSIONS -AREAS o 40 SO 120 THE KLEI NGERS M Min9b�Rd 4A, 4B, 4C AND SHEETNO. GROUP B, W2.4N,j,'OH63082 BRIGHT ROAD 1 OF 1 CUL-DE-SAC