Ordinance 46-22
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: October 4, 2022
Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Brian D. Gable, P.E., Deputy Director of Engineering – Design & Construction
Chris Huber, P.E., Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Re: Ordinances 39-22 through 48-22
Acquisition of Easements for the South High Street Utility Burial – Phase 1
Project (19-030-CIP)
SUMMARY
As part of the Downtown Historic District beautification efforts, the City will be relocating the existing
overhead utility lines along South High Street through the South High Street Utility Burial - Phase 1
Project (the “Project”), by installing underground electric (AEP) and telecommunication (Spectrum,
AT&T, Breezeline, and Dublink) utilities to service the affected parcels. The Project consists of two
phases as requested by AEP. The Phase 1 Project area includes Franklin Street south of West Bridge
Street and the west side of South High Street between West Bridge Street and Short Street. The
Phase 2 area includes the east side of South High Street and Blacksmith Lane between West Bridge
Street and Short Street (see location map on page 4 of this memo). At the completion of the Project,
all overhead utility lines and poles along South High Street will be removed between West Bridge
Street and Short Street.
Presently, this Project is planned to start construction in early 2023 and is anticipated to be complete
by the late summer or early autumn of 2023. The Phase 1 underground improvements are scheduled
to be performed in advance of the Franklin Street Improvements Project which includes road
reconstruction, sidewalks, curb ramps, street lights, and street trees on Franklin Street between Sells
Alley and Waterford Drive.
The City engaged MS Consultants, Inc. as the acquisition agent for the Project. In that role, MS
Consultants has been the point of contact, in addition to City staff, with the property owners on the
Project. Presently, the City has reached agreement with ten (10) of the twenty three (23) affected
parcels, with five (5) additional City of Dublin parcels requiring utility easements as well. The City has
participated in good faith discussions with all twenty three (23) property owners and hopes to arrive
at mutually agreeable terms with all property owners by the end of October 2022.
Acquisitions
City staff worked to minimize the size of needed acquisitions to reduce impacts to individual parcels
as much as possible. A Good Faith Offer Letter, the appraisal report and associated information were
provided to all property owners in July 2022. The property acquisitions are from both residential and
commercial properties located within the Project area and consist of the following property interests
from each of the named property owners, as depicted in the exhibits attached:
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility
Burial – Phase 1 Project (19-030-CIP)
October 4, 2022
Page 2 of 4
Property Owner(s) Parcel
Number
Property Interests
and Acreage
Auditor Parcel
ID Number(s)
Acquisition
Cost
Ord. 40-22
63 SOUTH HIGH, LLC, AN OHIO
LIMITED LIABILITY COMPANY
(63 S. High St.)
9-U 0.069-acre
permanent easement 273-000092-00 $29,300
Ord. 39-22
JEFFREY P. BOLYARD AND
BROOKE N. BOLYARD
(60 Franklin St.)
10-U 0.001-acre
permanent easement 273-000123-00 $800
Ord. 41-22
HOSPEL HOLDINGS, LLC, AN
OHIO LIMITED LIABILITY
COMPANY
(87 S. High St.)
12-U 0.001-acre
permanent easement 273-000005-00
$2,500
Ord. 42-22
91 S. HIGH ST. LLC, AN OHIO
LIMITED LIABILITY COMPANY
(91 S. High St.)
13-U 0.002-acre
permanent easement 273-000104-00
$4,300
Ord. 43-22
ANDREW WAGES AND JANET
WAGES, TRUSTEES OF
WAGES FAMILY REVOCABLE
TRUST DATED MAY 8, 2008
(86 Franklin St.)
14-U 0.001-acre
permanent easement 273-000127-00 $1,100
Ord. 44-22
JON P. RIEGLE, SUCCESSOR
TRUSTEE OF THE RUTH
MOFFITT REVOCABLE LIVING
TRUST, DATED THE 16TH DAY
OF SEPTEMBER, 1996
(100 Franklin St.)
17-U 0.002-acre
permanent easement 273-000131-00 $600
Ord. 45-22
ERIC B. PICKERING AND LUCY
PICKERING
18-U 0.001-acre
permanent easement
273-000133-00 $1,100
Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility
Burial – Phase 1 Project (19-030-CIP)
October 4, 2022
Page 3 of 4
(126 Franklin St.)
Property Owner(s) Parcel
Number
Property Interests
and Acreage
Auditor Parcel
ID Number(s)
Acquisition
Cost
Ord. 46-22
RICHARD J. TOBEREN
(119 S. High St.)
19-U 0.006 acre permanent
easement 273-000075-00 $11,700
Ord. 47-22
ROBERT C. KARRER, JR.,
TRUSTEE OF THE ROBERT
C. KARRER, JR. LIVING
TRUST, DATED APRIL 2,
2002
(167 S. High St.)
22-U1 0.018-acre permanent
easement
273-000046-00 $8,050 22-U2 0.001-acre permanent
easement
22-T 0.001-acre temporary
easement
Ord. 48-22
RYAN DAMMANN AND
CALLISTA DAMMANN
(140 Waterford Dr.)
25-U 0.010 acre permanent
easement
273-000798-00 $5,400
25-T 0.011 acre temporary
easement
These Ordinances authorize the City Manager to execute and accept on behalf of the City all necessary
conveyance documents to formally acquire the necessary property interests from each property owner.
RECOMMENDATION
Staff recommends adoption of Ordinances 39-22, 40-22, 41-22, 42-22, 43-22, 44-22, 45-22, 46-22,
47-22 and 48-22 at the second reading/public hearing on October 24, 2022, as these ordinances
authorize the City Manager to execute all necessary conveyance and contract documents to formally
accept the necessary property interests described above.
Ordinances 39-22 through 48-22 – Acquisition of Easements for the South High Street Utility
Burial – Phase 1 Project (19-030-CIP)
October 4, 2022
Page 4 of 4
Project Location Map
LOCATION MAP
PARCELS 9 - 19
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
CIP 19-030
DUBLIN, OHIO 43016
DATE: 09-13-22
SCALE 1" = 50'
0 10050
R/W R/W
R/W R/W R/W
R/W R/W R/W
R/W R/W
R/W R/W
W R/WESMTESMTPID: 273-000133Eric Pickering & Lucy Pickering 126 Franklin StreetINST: 200912080177310 &200912080177311 .44 ACRESPID: 273-000131Ruth Moffitt, Trustee100 Franklin StreetINST: Civic Add Lot 11 .36 ACRESPID: 273-000129Shannon Marie Crone 94 Franklin StreetCivic Add Lot 9 .35 ACRESPID: 273-000127Andrew Wages, Trustee 86 Franklin StreetCivic Add Lot 7 .36 ACRESPID: 273-000125Alan P. Szuter 80 Franklin StreetCivic Add Lot 5.35 ACRESPID: 273-000005Hospel Holdings LLC 87 S High StreetINST: 200907170105163 .11 ACRESPID: 273-000123Jeffrey P. Bolyard 60 Franklin StreetCivic Add Lot 3 .35 ACRESPID: 273-000075Richard J. Toberen 119 S High StreetINST: 201805140063816 .18 ACRESPID: 273-000034U Crew Holdings, LLC 113-115 S High StreetINST: 20131016017520 .25 ACRESPID: 273-000070Gemlaw Properties 109 S High StreetINST: 201511020155169 .23 ACRESPID: 273-00010491 S High St, LLC 91 S High StreetINST: 201507230101032 .19 ACRESPID: 273-000007Philip S. Renaud II & Julie Seel Renaud 83 S High StreetINST: 201910170138370 .15 ACRESPID: 273-000035DPG Properties, III LLC 75 S High StreetINST: 201701100004667 .25 ACRESPID: 273-00009263 South High LLC 63 S High StreetINST: 201811090153256 .26 ACRES10
U
11
U
12
U13
U
14
U
15
U
16
U-2 16
U-1
18
U
19
U
17
U
9
U
LEGEND
PROPOSED
PERPETUAL PUBLIC
UTILITY EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
63 SOUTH HIGH
9-U - .069 AC
BOLYARD
10-U - .001AC
SZUTER
11-U - .002 AC
HOSPELHOLDINGS
12-U - .001 AC
91 S HIGH
13-U - .002 AC
WAGES
14-U - .001 AC
CRONE
15-U - .002 AC
U CREW HOLDINGS
16-U1 - .023 AC
U CREW HOLDINGS
16-U2 - .002AC
MOFFITT
17-U - .002 AC
PICKERING
18-U - .001 AC
TOBEREN
19-U - .006 AC
MILL LANE
FRANKLIN STREET
S HIGH STREET PINNEYHILL LANE
LOCATION MAP
PARCELS 20 - 25
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
CIP 19-030
DUBLIN, OHIO 43016
DATE: 09-13-22
SCALE 1" = 50'
0 10050R/WR/W R/W
R/W
R/W R/W
R/W
R/W R/W
R/WR/WR/WESMTESMT ESMTESMTESMTESMTPID: 273-000015Lance Schneier &Sue Wood Schneier 143 S High Street .25 ACRESPID: 273-000106Elizabeth A. Whisler 155 S High StreetINST: 201210040149094 .25 ACRESPID: 273-000046
Robert C. Karrer Jr., Trustee
167 S High Street
INST: 200207260183614
.85 ACRES
PID: 273-000083
Timothy Bergwall
181 S High Street
INST: 20170706009189
.47 ACRES
PID: 273-000120
Harry G. Hirth, Trustee
150 Franklin Street
INST: 200605040084846
.43 ACRES
PID: 273-000142
Daniel G. Emmenegger, Jr.
140 Franklin Street
INST: 201411030145476
.24 ACRES
PID: 273-000798
Ryan Dammann &
Callista Dammann
140 Waterford Drive
INST: 201805290070416
.42 ACRES
PID: 273-000174
Evelyn H. Wirchainski,
Trustee
160 Franklin Street
INST: 200010130208849
.43 ACRES
PID: 273-000172
Diana L. Tout & Gerald
A. Tout
172 Franklin Street
INST: 201106130073767
.43 ACRES
PID: 273-000135
Eric Pickering & Lucy
Pickering
Franklin Street
.40 ACRES
PID: 273-000075Richard J. Toberen 119 S High StreetINST: 201805140063816 .18 ACRESLEGEND
PROPOSED
PERPETUAL PUBLIC
UTILITY EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
TOBEREN
20-U - .005 AC
HIRTH
21-U - .006 AC
HIRTH
21-T - .012 AC
KARRER
22-U1 - .018 AC
KARRER
22-U2 - .001 AC
KARRER
22-T - .001 AC
WARCHAINSKI
23-U - .015 AC
WARCHAINSKI
23-T - .020 AC
TOUT
24-U - .015 AC
TOUT
24-T - .020 AC
DAMMANNS
25-U - .010 AC
DAMMANNS
25-T - .011 AC
25
T
24
T25
U
24
U
22
T
22
U-222
U-1
20
U
21
U 21
T
23
U
23
T
MILL LANE
S HIGH STREETWATERFORD DRIVE
EXHIBIT A
PARCEL 19-U
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
PERPETUAL EASEMENT FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF PUBLIC AND PRIVATE UTILITIES, ABOVE AND BENEATH
THE GROUND AND WHERE NECESSARY, FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF SERVICE CONNECTIONS TO ALL
ADJACENT LOTS AND LANDS.
Being situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey
No. 2452, and being part of Lot 3 of Daniel Wright’s Addition to Dublin as recorded in Plat
Book 20, Page 519, and being part of the lands conveyed to Richard J. Toberen by deed of
record in Instrument Number 201805140063816, as recorded in the Franklin County Recorder’s
Office, and being more particularly described as follows:
Commencing at the southwesterly corner of said Lot 3 and the northwesterly corner of Lot 4 of
said Daniel Wright’s Addition, said point being on the easterly right of way of Mill Lane (22’
Wide) and the grantor’s westerly line;
Thence along the grantor’s westerly line, the westerly line of Lot 3 and easterly right of way of
Mill Lane, North 08° 03' 32" West for a distance of 4.00 feet to the TRUE POINT OF
BEGINNING;
Thence continuing along the grantor’s westerly line, the westerly line of Lot 3 and the easterly
right of way of Mill Lane, North 08° 03' 32" West for a distance of 8.00 feet to the grantor’s
northwesterly corner and the southwesterly corner of lands conveyed to U Crew Holdings LLC
by deed of record in Instrument Number 201310160175201;
Thence leaving the easterly right of way of Mill Lane and the westerly line of Lot 3, along the
grantor’s northerly line and the southerly line of said U Crew tract, North 81° 51' 08" East for a
distance of 46.00 feet to a point;
Thence, across the grantor’s property, South 08° 03' 32" East for a distance of 5.00 feet to a
point;
Thence continuing across the grantor’s property, South 81° 51' 08" West for a distance of 36.00
feet to a point;
Thence continuing across the grantor’s property, South 08° 03' 32" East for a distance of 3.00
feet to a point;
Thence continuing across the grantor’s property, South 81° 51' 08" West for a distance of 10.00
feet to the True Point of Beginning, containing 0.006 acres, more or less, all of which is within
Auditor’s Parcel Number 273-000075.
The bearings are based on the easterly right of way of Mill Lane being North 08° 03' 32" West as
referenced to the Ohio State Plane Coordinate System, South Zone, NAD83 (2011 NSRS
Adjustment).
Subject to any easements, restrictions, covenants, ordinances or agreements of record.
__________________________________ May 26, 2022
Nicholas J. Del Valle Date
Professional Surveyor, Ohio License No. 8822
Korda/Nemeth Engineering, Inc.
Daniel Wright's
Addition to Dublin
PB 20, PG 519
Richard J. Toberen
119 South High Street
PID: 273-000075
Inst. 201805140063816
⅊U Crew Holdings LLC
113 South High Street
PID: 273-000034
Inst. 201310160175201
N 81°51'08" E 46.00'S 81°51'08" W 36.00'S 81°51'08" W10.00'N 08°03'32" W
8.00'
S 08°03'32" E
5.00'
S 08°03'32" E
3.00'
N 08°03'32" W
4.00'
P.O.B.P.O.C.
Mill Lane (22' Wide)
131.41'
16
19
Lot 4, Part of Lot 3
Part of Lot 3John Wright Lane(16.5' Wide)Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452,
and being part of Lot 3 in Daniel Wrights Addition to Dublin, Plat Book 20, Page 519,
as recorded in the Franklin County Recorder's Office.
JOB NO. 2020-4011
0
SCALE IN FEET
10 20
Korda/Nemeth Engineering, Inc - Consulting Engineers
EXHIBIT B
PARCEL 19-U
SOUTH HIGH STREET
UTILITY BURIAL -
PHASE 1
19-030-CIP SHEET 1 of 1
DATE: 5-26-22
The bearing of S 08°03'32" E on the easterly right of way of
Mill Lane is referenced to the State Plane Coordinate
System, Ohio South Zone NAD 83 (NSRS 2011).
Said bearings are based upon positional solutions derived
from RTK GPS observations using the Ohio Department of
Transportation Virtual Reference System Equipment.
0.006 ACRE
(260.00 Sq. Ft.)
EASEMENT 19-U
PERPETUAL EASEMENT FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF PUBLIC AND PRIVATE
UTILITIES, ABOVE AND BENEATH THE GROUND AND
WHERE NECESSARY, FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF SERVICE
CONNECTIONS TO ALL ADJACENT LOTS AND LANDS.
LEGEND
0.006 ACRE
(260.00 Sq. Ft.)
EASEMENT 19-U
CERTIFICATION: