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
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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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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
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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
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P.O.C.
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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
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EXTENSIONS -AREAS
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SO 120
THE
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