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Ordinance 59-22 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 Huber, P.E., Civil Engineer II Philip K. Hartmann, Assistant Law Director Re: Ordinances 58-22 through 61-22 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 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, 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. 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 Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Memo re. Ordinances 58-22 through 61-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 1, 2022 Page 2 of 3 following property interests from each of the named property owners, as depicted in the exhibits attached: Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Acquisition Cost Ord. 58-22 HAL STUART MUELLER AND ARLENE GAUDENS MUELLER (141 Franklin Street) 1-U 0.001-acre permanent/perpetual public utility easement 273-000140-00 $610 Ord. 59-22 STEPHANIE ALLESPACH AND MARK O. ALLESPACH, CO- TRUSTEES OF “THE ALLESPACH CONVERTIBLE INVESTMENT PROPERTY TRUST”, DATED DECEMBER 13, 2011 (55 South High Street) 8-U 0.006-acre permanent/perpetual public utility easement 273-000093-00 and 273-000094-00 $12,600 Ord. 60-22 ALAN P. SZUTER AND MARY L. SZUTER (80 Franklin Street) 11-U 0.002-acre permanent/perpetual public utility easement 273-000125-00 $1,450 Ord. 61-22 SHANNON MARIE CRONE (94 Franklin Street) 15-U 0.002-acre permanent/perpetual public utility easement 273-000129-00 $1,200 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 58-22, 59-22, 60-22, and 61-22 at the second reading/public hearing on November 14, 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. Memo re. Ordinances 58-22 through 61-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 1, 2022 Page 3 of 3 Project Location Map LOCATION MAP PARCELS 6 - 8 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/WR/WR/WESMTESMTESMTESMTESMTESMTLEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT DUBLIN 6-U - .069 AC DUBLIN 7-U - .022 AC ALLESPACH 8-U - .006 PID: 273-000088 Dublin Bridge Street Firehouse Investments, LLC 37 W Bridge Street INST: 20147010083570 .22 ACRES PID: 273-012432 Thomas L. Bassett 41 W Bridge Street .15 ACRES PID: 273-012431 Honets Real Estate, LLC 39 W Bridge Street PID: 273-012159, 273-012158, 273-012432 Old Dublin Towns Center II 55, 61 & 65 W Bridge Street INST: 200705240090694 .31 ACRES PID: 273-000111 City of Dublin, Ohio 34-36 Franklin Street INST: 200211200297250 .62 ACRES PID: 273-000109 Rayne Schultheis 40-42 Franklin Street INST: 201410020130141 .19 ACRES PID: 273-00121 Andrew Christensen 56 Franklin Street Civic Addition, Lot 1 .37 ACRES PID: 273-000111City of Dublin, Ohio 34-36 Franklin StreetINST: 200211200297250 .62 ACRESPID: 273-009979City of Dublin, Ohio 25 S High StreetINST: 199902090034313 .14 ACRESPID: 273-000037City of Dublin, Ohio 25 S High StreetINST: 198804050081481 .24 ACRESPID: 273-000062City of Dublin, Ohio 27-29 S High Street .12 ACRESPID: 273-012386 & 273-012387 Tyrrellstown Enterprises, LLC 31-33 S High Street .25 ACRES PID: 273-012388 Thomas L. Bassett 35 S High Street PID: 273-000093 & 273-000094 Stephanie Allespach, Trustee 55 S High Street .25 ACRES & .25 ACRES 6 U 7 U 8 U FRANKLIN STREET W BRIDGE STREETMILL LANE S HIGH STREET EXHIBIT A PARCEL8-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 138 of the Plat of Dublin, Plat Book 3, Page 199, and being part of the lands conveyed to Stephanie C. Allespach and Mark O. Allespach, Trustees by deed of record in Instrument Number 201203140035252, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Beginning at the grantor’s southwesterly corner, the southwesterly corner of Lot 138, the northwesterly corner of Lot 137 of said Plat of Dublin and the lands conveyed to 63 South High LLC by deed of record in Instrument Number 201811090153256, and being on the easterly right of way of Mill Lane (30’ Wide); Thence along the grantor’s westerly line, the westerly line of Lot 138 and the easterly right of way of Mill Lane, North 08° 03' 32" West for a distance of 14.00 feet to a point; Thence leaving the easterly right of way of Mill Lane, across the grantor’s property and Lot 138, North 80° 46' 15" East for a distance of 20.00 feet to a point; Thence continuing across the grantor’s property and Lot 138, South 08° 03' 32" East for a distance of 14.00 feet to a point along the grantor’s southerly line, the southerly line of Lot 138, the northerly line of Lot 137 and the northerly line of said 63 South High tract; Thence along the grantor’s southerly line, the southerly line of Lot 138, the northerly line of Lot 137 and the northerly line of said 63 South High tract, South 80° 46' 15" West for a distance of 20.00 feet to the True Point of Beginning, containing 0.006 acres, more or less, all of which is within Auditor’s Parcel Number 273-000093. 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. Lot 138 Lot 137 Plat of Dublin PB 3, PG 199 63 South High LLC 63 South High Street PID: 273-000092 Inst. 201811090153256 Stephanie C. Allespach and Mark O. Allespach, Trustees 55 South High Street PID: 273-000093 Inst. 201203140035252 Mill Lane (30' Wide)⅊N 08°03'32" W 14.00'N 80°46'15" E 20.00'S 08°03'32" E 14.00'S 80°46'15" W 20.00'P.O.B. 0.006 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2542, locate in Lot 138 of the Plat of Dublin, Plat Book 3, Page 199, as recorded in the Franklin County Recorder's Office. EASEMENT 8-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. 0 5 10 SCALE IN FEET CERTIFICATION: JOB NO. 2020-4011 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 8-U SOUTH HIGH STREEET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 LEGEND 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 EASEMENT 8-U 9 8