Ordinance 54-22
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: October 18, 2022
Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Jean-Ellen Willis, PE, Director of Transportation and Mobility
Re: Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo
for Access to the Property Located at 8218 Riverside Drive
Summary
In the fall of 2021, Nhung Ngo (the “Owner”) purchased six lots in Block Five (5) of the O’Shaugnessy
Hills Subdivision (see attached Location Map) with an assigned address of 8218 Riverside Drive. The
Owner purchased the lots with the intent to construct a single family residential home on the two lots
immediately adjacent to Riverside Drive as depicted on the attached Plot Plan. Originally, the
driveway to the proposed new home was to be from Arrowhead Drive and located within an
easement on property owned by Laura C. Blumenstiel. Unfortunately, the Owner was not able to
secure the needed easement for the driveway and was forced to find another location for the
driveway.
On August 16, 2022, the Owner met with City staff to discuss alternative driveway locations to her
property. While direct access to Riverside Drive could not necessarily be denied by the City, it was not
preferred in the interest of minimizing the number of driveways onto Riverside Drive. Additionally,
since an unimproved street into the O’Shaungnessy Hills subdivision known as Maumee Drive is
located immediately north of the property, the potential existed where two points of access onto
Riverside Drive could be located within a short distance of each other creating a potential safety issue
for those using Riverside Drive.
Presently, the City has no plans or intention of constructing a public street within the 50-foot wide
Maumee Drive right-of-way. However, the City was not opposed to the Owner constructing a 15-foot
wide driveway in the existing right-of-way with the understanding the Owner would maintain the
driveway and that it may be improved or extended in the future if additional parcels in the subdivision
needed it for access.
The result of the conversations with the Owner and her legal representative is the Easement
Agreement for Driveway Purposes (the ”Easement”) as attached. As a term of the Easement, the
responsibility to construct and maintain the driveway falls upon the current Owner and all future
owners. The Easement does not preclude the City from replacing the driveway with a public road in
the future.
This Ordinance authorizes the City Manager to execute on behalf of the City the Easement necessary
to convey the rights of ingress and egress to the Ngo property within the conditions set forth in the
Easement.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property
Located at 8218 Riverside Drive
October 18, 2022
Page 2 of 3
Follow Up Information from First Reading
During the first reading of this Ordinance at the October 10, 2022 City Council meeting, several
questions were asked by Council members requiring follow up information before the second reading
of the Ordinance on October 24, 2022. The questions and follow up information are as follows:
• What is the existing zoning for the six lots which have now been combined into one parcel?
The existing zoning is Suburban/Rural Residential (0.5-1.0 du/ac) – residential development
used to accommodate environmentally sensitive areas or sites affected by physical features.
Homes may consist of single-family structures on larger lots ranging from 1 to 2 acres or
larger or in developments that preserve open space and natural features by concentrating
development in open areas. Sites may include public utilities or on-site services where public
utilities are unavailable.
• Is there a sanitary sewer available to the proposed home?
There is presently no sanitary sewer located near 8218 Riverside Drive to provide service to
the proposed home. This address is located within Utility Extension Area 2C which is
programmed for design in 2024 and construction in 2025 in the 2022-2026 Capital
Improvements Program.
• What are the on-site sewage treatment systems requirements?
The household sewage treatment system (HSTS) for the proposed home would be designed in
accordance with the Sewage Treatment System regulations adopted by Franklin County Public
Health (FCPH). The design will be based upon several factors that includes soil type, site
layout and size, proposed home size and other applicable considerations.
• What will be the slope/grade of the proposed driveway?
The existing topography in area of the proposed driveway has an approximate slope of nine
percent (9%). Residential driveway standards currently require the slope to be less than eight
percent (8%), however a ten percent (10%) slope will be considered in extenuating
circumstances. It appears the proposed driveway can be designed to conform to the current
standard. The final design of the driveway will be considered for approval when the home
owner submits an application for a building permit. In the event the driveway is replaced with
a public street at some time in the future, the slope adjacent to Riverside Drive may be
lessened to address any potential safety concerns during the winter months.
• How far does the proposed HSTS sit from the right-of-way line with reference to potential
future improvements like a shared-use path?
The HSTS is proposed for installation 15.77 feet from the right-of-way line. Engineering staff
is confident this provides enough room for future public improvements such as a shared-use
path.
Recommendation
Staff recommends adoption of Ordinance 54-22 at the second reading/public hearing on October 24,
2022, as this Ordinance authorizes the City Manager to execute all necessary conveyance and
contract documents to formally convey the rights described above.
Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property
Located at 8218 Riverside Drive
October 18, 2022
Page 3 of 3
Location Map
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, PE, Director of Engineering/City Engineer
Jean-Ellen Willis, PE, Director of Transportation and Mobility
Re: Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo
for Access to the Property Located at 8218 Riverside Drive
Summary
In the fall of 2021, Nhung Ngo (the “Owner”) purchased six lots in Block Five (5) of the O’Shaugnessy
Hills Subdivision (see attached Location Map) with an assigned address of 8218 Riverside Drive. The
Owner purchased the lots with the intent to construct a single family residential home on the two lots
immediately adjacent to Riverside Drive as depicted on the attached Plot Plan. Originally, the
driveway to the proposed new home was to be from Arrowhead Drive and located within an
easement on property owned by Laura C. Blumenstiel. Unfortunately, the Owner was not able to
secure the needed easement for the driveway and was forced to find another location for the
driveway.
On August 16, 2022, the Owner met with City staff to discuss alternative driveway locations to her
property. While direct access to Riverside Drive could not necessarily be denied by the City, it was not
preferred in the interest of minimizing the number of driveways onto Riverside Drive. Additionally,
since an unimproved street into the O’Shaungnessy Hills subdivision known as Maumee Drive is
located immediately north of the property, the potential existed where two points of access onto
Riverside Drive could be located within a short distance of each other creating a potential safety issue
for those using Riverside Drive.
Presently, the City has no plans or intention of constructing a public street within the 50-foot wide
Maumee Drive right-of-way. However, the City was not opposed to the Owner constructing a 15-foot
wide driveway in the existing right-of-way with the understanding the Owner would maintain the
driveway and that it may be improved or extended in the future if additional parcels in the subdivision
needed it for access.
The result of the conversations with the Owner and her legal representative is the Easement
Agreement for Driveway Purposes (the ”Easement”) as attached. As a term of the Easement, the
responsibility to construct and maintain the driveway falls upon the current Owner and all future
owners. The Easement does not preclude the City from replacing the driveway with a public road in
the future.
This Ordinance authorizes the City Manager to execute on behalf of the City the Easement necessary
to convey the rights of ingress and egress to the Ngo property within the conditions set forth in the
Easement.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Ordinance 54-22 – Easement Agreement for Driveway Purposes with Nhung Ngo for Access to the Property
Located at 8218 Riverside Drive
October 4, 2022
Page 2 of 2
Recommendation
Staff recommends adoption of Ordinance 54-22 at the second reading/public hearing on October 24,
2022, as this Ordinance authorizes the City Manager to execute all necessary conveyance and
contract documents to formally convey the rights described above.
Location Map
EASEMENT AGREEMENT FOR DRIVEWAY PURPOSES
City of Dublin, Ohio, a municipal corporation duly organized and validly existing under the Constitution
and laws of the State of Ohio (the “State”) and its Charter, for valuable consideration paid and the
agreements set forth below, hereby Grants to Nhung Ngo, her heirs and assigns, City of Dublin, Franklin
County, Ohio an easement for driveway purposes over the following property of Grantor as shown in the
attached Exhibit “A”. “Driveway purposes” means use as an access for ingress and egress for customary
single family residential purposes to a home or homes to be built on Lots Two through Seven (2-7) of Block
Five (5) O’Shaugnessy Hills Subdivision, currently owned by Grantee, as the same are shown in Plat Book
20 Page 4 of the records of the Recorder of Franklin County, Ohio. This grant shall be subject to the
following Agreements:
Grantee shall clear, grade, and construct the driveway and maintain it in good repair at her own expense.
The driveway shall be surfaced with asphalt and shall be at least 15 feet in width through its length but shall
be wider at the entrance to Riverside Drive to allow safe ingress and egress by two vehicles at the same
time, as the design is approved by the City Engineer of Dublin, Ohio. Grantee may use the driveway while
covered with a gravel underlayment during construction of the first home on the above referenced lots.
This grant of Easement shall be perpetual, run with the land and be binding on and inure to the benefit of
the parties, their heirs, successors, and assigns. The driveway shall initially be for the exclusive use of
Grantee. However, Grantor may use the driveway for any municipal purpose and any homes fronting on
Maumee Avenue built east of Grantees driveway or driveways may then have rights similar to those of
Grantee, as granted by Grantor, to use the driveway provided that said users are required in a future
driveway easement grant by Grantor to construct portions servicing their homes and also maintain the
driveway along with Grantee on a per-home basis.
Grantor shall have the right to use the driveway for municipal purposes not inconsistent with grantee’s full
enjoyment of the Easement granted. Grantor may replace the driveway and this Easement with a public
road provided that driveway access consistent with this Easement to any homes constructed on Grantee’s
premises is preserved. In this event no compensation shall be due to Grantee and Grantee shall quit claim
her rights under this Easement to Grantor
Grantor reserves the right to use the balance of Maumee Avenue outside of the easement area, as same is
shown on the above referenced plat, for any underground utilities or other purposes normally located in
rights-of-way in municipal residential development.
Last Transfer: Plat Book 20 page 4; Instrument Number 202203150041337
The parties have signed this instrument on the dates shown below.
City of Dublin, Ohio
by___________________________________ ________________________________
Megan O’Callaghan, City Manager Nhung Ngo
State of Ohio
County of Franklin
The foregoing instrument was acknowledged before me by Dana McDaniel, City Manager of
Dublin, Ohio this _____ day of ______________, 2022
_______________________________________
Notary Public
This is an acknowledgement clause, no oath or
Affirmation was administered to the signer.
State of Ohio
County of Franklin
The foregoing instrument was acknowledged before me by Nhung Ngo this ______
day of __________________, 2022.
_______________________________________
Notary Public
This is an acknowledgement clause, no oath or
Affirmation was administered to the signer.
This instrument was prepared by:
Christopher T. Cline, Attorney at Law
300 West Wilson Bridge Road #100
Worthington, Ohio 43085
MAUMEE AVENU
E
ARROWHEAD DRIVERIVERSIDE DRIVE43.62'50.43'121'
15.77'15'2 STORY
RESIDENCE
PR DRIVE
PR ACCESS
BLUMENSTIEL LAURA C
PID: 273-008528-00
INST. #: 202203080036742
NGO NHUNG K
PID: 273-008498-00
INST. #: 202203150041337
226.91'
MAUMEE AVENUE
15.82'15'55'R20'R
2
0
'20'ESMT33'
PR ACCESS
EASEMENT
GRAPHIC SCALE
0
1 inch = 40 feet
802040
SHEET
PLAN PREPARED BY:
642 Brooksedge Boulevard, Westerville, OH 43081
P: 614.942.6042 F: 614.942.6041
SCALE: 1"=40'
DATE: AUGUST 25, 2022
EXISTING LOT LINE
PROPOSED LOT LINES
EXISTING UTILITY POLE
PROPOSED STS
TREATMENT AREA
(PRIMARY AND SECONDARY)
8218 RIVERSIDE DR.
PLOT PLAN
PREPARED FOR KYLIE NGO
PART OF LOTS TWO (2), THREE (3),
FOUR (4), FIVE (5), SIX (6), & SEVEN (7),
OF BLOCK FIVE (5) OF THE
O'SHAUGHNESSY HILL SUBDIVISION, IN
CITY OF DUBLIN, FRANKLIN COUNTY, OHIO /1 1
SURVEYED AND PLATTED BY:
WE HEREBY CERTIFY THAT WE HAVE SURVEYED THE PREMISES AND
PREPARED THE ATTACHED PLAT AND THAT SAID PLAT IS CORRECT TO
THE BEST OF MY KNOWLEDGE.
_______________________________________________________________
ROBERT L. GRIFFIN P.S., OHIO PROFESSIONAL SURVEYOR NUMBER 7204
BASIS OF BEARING
THE BEARING SHOWN HEREIN ARE
BASED ON OHIO STATE STATE PLANE
COORDINATE SYSTEM, SOUTH GRID,
NAD83(2011), AS DETERMINED BY A
GPS NETWORK OF FIELD OBSERVATION
PERFORMED IN AUGUST 16, 2022.
TOP OF FOUNDATION:828.0
PROPOSED MAUMEE
AVENUE ACCESS
PROPOSED DRIVE
AREA
PROPOSED HOUSE
LOACATION