Ordinance 57-22
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: November 1, 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 W. Huber, P.E., Civil Engineer II
Philip K. Hartmann, Assistant Law Director
Re: Ordinance 57-22 – Appropriation of Easement - 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 (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 the attached location map). 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 anticipated to be complete by the summer 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, streetlights, 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 15 of the 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 23 property owners and hopes to arrive at mutually agreeable terms
with all property owners by the end of November 2022.
During the acquisition phase of the Project, the owner of Parcel 2 passed away, and their estate set
four (4) heirs with a quarter interest in the property. However, one heir (Roy Carl Johnson, ¼
interest) is deceased, and Mr. Roy Carl Johnson’s estate is not currently through the probate process.
The three (3) living owners are agreeable to the City’s Fair Market Value Estimate (FMVE) and have
executed a Right-of-Entry to perform the work on the parcel while the necessary easement is
appropriated. On October 10, 2022, the Council passed Resolution 49-22, which began the
appropriation process to await the finalization/probate of the deceased owner’s ¼ interest.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
Memo re. Ordinance 57-22 – Appropriation of Easement – South High Street Utility Burial – Phase 1 Project
(19-030-CIP)
November 1, 2022
Page 2 of 3
The executed Right-of-Entry document establishes the intent and agreement to formally execute
the easement upon the finalization of the deceased owner’s ¼ interest. However, this ordinance
authorizes the Law Director’s office to file a petition for appropriation in the county Court of
Common Pleas should it become necessary. This ordinance also 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 owners to acquire the
property interest.
ACQUISITION
The property acquisition consists of the following property interests from the property owners listed
and as depicted in the maps attached hereto:
Property Owner(s) Parcel
Number
Property
Interests
Auditor Parcel
ID Number(s)
Appraised
Value
Roy Carl Johnson (deceased), Danny
Lynn Johnson, Carla Grace Baldwin,
and Amy Jo Hall by Affidavit of
Transfer on Death Designation
(105 Franklin Street)
2-U
0.002-acre
permanent
easement
273-000132-00 $900
RECOMMENDATION
Staff recommends adoption of Ordinance 57-22 at the second reading/public hearing on November
14, 2022 to allow the Project to remain on schedule and proceed to construction.
Memo re. Ordinance 57-22 – Appropriation of Easement – South High Street Utility Burial – Phase 1 Project
(19-030-CIP)
November 1, 2022
Page 3 of 3
Project Location Map
LOCATION MAP
PARCELS 1 - 3
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/WR/W
R/WR/WESMTESMTESMTESMTESMTESMT1
U
2
U
3
U
LEGEND
PROPOSED
PERPETUAL PUBLIC
UTILITY EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
PID: 273-000140
Hal Stuart Mueller
141 Franklin Street
INST:201507160096835
1.087 ACRES
MULLER
1-U - .001 AC
JOHNSON,
BALDWIN, HALL
2-U - .002 AC
MIDANI
3-U - .001 AC
PID: 270-000136
Amy Jo Hall
123 Franklin Street
INST: 201507160096835
1.87 ACRES
PID: 270-00134 &
273-000132
Roy Carl Johnson, Danny
Lynn Johnson, Carla Grace
Baldwin, & Amy Jo Hall
105 Franklin Street
INST: 202206150089527
.39 ACRES &
.39 ACRES
PID: 273-000130
Arfan Midani
95 Franklin Street
INST: 201012010163117
.38 ACRES PID: 273-000128
Aaron J. Frank
85 Franklin Street
INST: 200403010043758
.39 ACRES
FRANKLIN STREET
EXHIBIT A
PARCEL 2-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 12 of the Civic Addition to the Town of Dublin, Plat Book 21,
Page 27, and being part of the lands conveyed to Roy Carl Johnson, Danny Lynn Johnson, Carla
Grace Baldwin, and Amy Jo Hall by Affidavit of Transfer on Death Designation of record in
Instrument Number 202206150089527, as recorded in the Franklin County Recorder’s Office,
and being more particularly described as follows:
Beginning at the grantor’s northeasterly corner and the northeasterly corner of Lot 12, said point
also being on the easterly right of way of Franklin Street (50 Wide);
Thence along the grantor’s easterly line, the easterly line of Lot 10 and the westerly right of way
of Franklin Street, South 08° 19' 28" East for a distance of 11.76 feet to a point;
Thence leaving the westerly right of way of Franklin Street, across the grantor’s property and Lot
12, South 81° 40' 32" West for a distance of 8.00 feet to a point;
Thence continuing across the grantor’s property and Lot 12, North 08° 19' 28" West for a
distance of 12.77 feet to a point on the grantor’s northerly line, the northerly line of Lot 12 and
the southerly line of Lot 10;
Thence along the grantor’s northerly line, the northerly line of Lot 12 and the southerly line of
Lot 10, North 88° 51' 32" East for a distance of 8.06 feet to the True Point of Beginning,
containing 0.002 acres (98 Sq. Ft.), more or less, all of which is within Auditor’s Parcel Number
273-000132.
The bearings are based on the easterly right of way of Franklin Street being South 08° 19' 28"
East 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.
__________________________________ August 3, 2022
Daniel L. Quick Date
Professional Surveyor, Ohio License No. 7803
Korda/Nemeth Engineering, Inc.