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Ordinance 60-22 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 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 EXHIBIT A PARCEL 11-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 5 of the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, and being part of the lands conveyed to Alan P. Szuter and Mary L. Szuter by deed of record in Instrument Number 200709060157814, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Beginning at the grantor’s northeasterly corner, the northeasterly corner of said Lot 5, the southeasterly corner of Lot 3 and being in the westerly line of Mill Lane (22 feet wide); Thence along the grantor’s easterly line, the easterly line of Lot 5 and the westerly line of Mill Lane South 80° 03' 32" East for a distance of 11.09 feet to a point; Thence across the grantor’s property and said Lot 5, South 81° 56' 28" West for a distance of 7.00 feet to a point; Thence continuing across the grantor’s property and Lot 5, North 08° 03' 32" West for a distance of 11.93 feet to a point in the grantor’s northerly line, the northerly line of Lot 5 and the southerly line of Lot 3; Thence along the grantor’s northerly line, the northerly line of Lot 5 and the southerly line of Lot 3, North 88° 51' 32" East for a distance of 7.05 feet to the True Point of Beginning, containing 0.002 acres (80.57 Sq.Ft.), more or less, all of which is within Auditor’s Parcel Number 273- 000125. The bearings are based on the westerly 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. Eberly Hill(16.5' Wide)63 South High LLC 63 South High Street PID: 273-000092 Inst. 201811090153256 DPG Properties III, LLC 75 South High Street PID: 273-000035 Inst. 201701100004667 Mill Lane (22' Wide)⅊⅊Alan P. Szuter and Mary L. Szuter 80 Franklin Street PID: 273-000125 Inst. 200709060157814 Civic Addition, Lot 5 Jeffrey P. Bolyard 60 Franklin Street PID:273-000123 Inst. 200409030207072 Civic Addition, Lot 3 S 81°56'28" W 7.00' N 88°51'32" E 7.05' P.O.B N 08°03'32" W 11.93' S 08°03'32" E 11.09' Civic Addition PB 21, PG 27 11 10 9 CERTIFICATION: 0.002 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 5 in the Civic Addition, Plat Book 21, Page 27, as recorded in the Franklin County Recorder's Office. EASEMENT 11-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. JOB NO. 2020-4011 0 SCALE IN FEET 20 40 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 11-U SOUTH HIGH STREEET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 (80.57 SQ FT) LEGEND The bearing of S 08°03'32" E on the westerly 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. EASEMENT 11-U (80.57 SQ FT) 0.002 ACRES