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Ordinance 72-22 To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: November 29, 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: Ordinances 71-22 through 73-22 – 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 (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 3 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 19 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 December 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 71-22 through 73-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 29, 2022 Page 2 of 3 Property Owner(s) Parcel Number Property Interests and Acreage Auditor Parcel ID Number(s) Acquisition Cost Ord. 71-22 ARFAN MIDANI (95 Franklin St.) 3-U 0.001-acre permanent easement 273-000130-00 $1,200 Ord. 72-22 DUBLIN COMMUNITY CHURCH (81 W. Bridge St.) 5-U 0.002-acre permanent easement 273-000124-00 $2,600 Ord. 73-22 U CREW HOLDINGS LLC (113-115 S. High St.) 16-U1 0.023-acre permanent easement 273-000034-00 $54,230 16-U2 0.002-acre permanent 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 71-22, 72-22, and 73-22 at the second reading/public hearing on January 9, 2023, 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 71-22 through 73-22 – Acquisition of Easements for the South High Street Utility Burial – Phase 1 Project (19-030-CIP) November 29, 2022 Page 3 of 3 Project Location Map EXHIBIT A PARCEL 5-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 4 of the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, and being part of the lands conveyed to Dublin Community Church by deed of record in Instrument Number 197806150015243, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Beginning at the grantor’s southeasterly corner and the southeasterly corner of said Lot 4, said point also being in the easterly right of way of Franklin Street (50 Wide); Thence along the southerly line of Lot 4, the northerly line of Lot 6 and the grantor’s southerly line South 88° 51' 32" West for a distance of 6.05 feet to a point; Thence North 08° 19' 28" West for a distance of 10.24 feet to a point; Thence North 81° 40' 32" East for a distance of 6.00 feet to a point in the easterly right of way of Franklin Street; Thence along the grantor’s easterly line, the easterly line of Lot 4 and the westerly line of Franklin Street South 08° 19' 28" East for a distance of 11.00 feet to the True Point of Beginning, containing 0.002 acres (64 Sq.Ft.), more or less, all of which is within Auditor’s Parcel Number 273-000124. 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. __________________________________ May 26, 2022 Nicholas J. Del Valle Date Professional Surveyor, Ohio License No. 8822 Korda/Nemeth Engineering, Inc. Lot 2 ⅊ Lot 6 Lot 4 Franklin Street (50' Wide) Michael J. Streng & Melanie R. Fournier-Streng 75Franklin Street PID: 273-000126 Inst. 201406190077209 Civic Addition, Lot 6 Davis Alley (27.5' Wide)(Vacated by Ord. 57-77)⅊⅊ ⅊⅊⅊Civic Addition (PB 21, PG 27) P.O.B. 11.00' S 08°19'28" E 6.05' N 88°51'32" E 6.00'N 81°40'32" E Easement 5-U 0.002 Acres (64.00 Sq.Ft.) 10.24' N 08°19'28" W Dublin Community Church 81 W Bridge Street PID: 273-000124 Inst. 197806150015243 Civic Addition, Lot 4 Dublin Community Church 81 W Bridge Street PID: 273-000122 Inst. 197806150015243 Civic Addition, Lot 2 54 Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 4 in the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 30 60 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 5-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 0.002 ACRE (64.00 Sq. Ft.) EASEMENT 5-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 The bearing of S 08°19'28" E on the westerly right of way of Franklin Street 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. CERTIFICATION: EXHIBIT A PARCEL 5-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 4 of the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, and being part of the lands conveyed to Dublin Community Church by deed of record in Instrument Number 197806150015243, as recorded in the Franklin County Recorder’s Office, and being more particularly described as follows: Beginning at the grantor’s southeasterly corner and the southeasterly corner of said Lot 4, said point also being in the easterly right of way of Franklin Street (50 Wide); Thence along the southerly line of Lot 4, the northerly line of Lot 6 and the grantor’s southerly line South 88° 51' 32" West for a distance of 6.05 feet to a point; Thence North 08° 19' 28" West for a distance of 10.24 feet to a point; Thence North 81° 40' 32" East for a distance of 6.00 feet to a point in the easterly right of way of Franklin Street; Thence along the grantor’s easterly line, the easterly line of Lot 4 and the westerly line of Franklin Street South 08° 19' 28" East for a distance of 11.00 feet to the True Point of Beginning, containing 0.002 acres (64 Sq.Ft.), more or less, all of which is within Auditor’s Parcel Number 273-000124. 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. __________________________________ May 26, 2022 Nicholas J. Del Valle Date Professional Surveyor, Ohio License No. 8822 Korda/Nemeth Engineering, Inc. Lot 2 ⅊ Lot 6 Lot 4 Franklin Street (50' Wide) Michael J. Streng & Melanie R. Fournier-Streng 75Franklin Street PID: 273-000126 Inst. 201406190077209 Civic Addition, Lot 6 Davis Alley (27.5' Wide)(Vacated by Ord. 57-77)⅊⅊ ⅊⅊⅊Civic Addition (PB 21, PG 27) P.O.B. 11.00' S 08°19'28" E 6.05' N 88°51'32" E 6.00'N 81°40'32" E Easement 5-U 0.002 Acres (64.00 Sq.Ft.) 10.24' N 08°19'28" W Dublin Community Church 81 W Bridge Street PID: 273-000124 Inst. 197806150015243 Civic Addition, Lot 4 Dublin Community Church 81 W Bridge Street PID: 273-000122 Inst. 197806150015243 Civic Addition, Lot 2 54 Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452, and being part of Lot 4 in the Civic Addition to the Town of Dublin, Plat Book 21, Page 27, as recorded in the Franklin County Recorder's Office. JOB NO. 2020-4011 0 SCALE IN FEET 30 60 Korda/Nemeth Engineering, Inc - Consulting Engineers EXHIBIT B PARCEL 5-U SOUTH HIGH STREET UTILITY BURIAL - PHASE 1 19-030-CIP SHEET 1 of 1 DATE: 6-7-22 0.002 ACRE (64.00 Sq. Ft.) EASEMENT 5-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 The bearing of S 08°19'28" E on the westerly right of way of Franklin Street 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. CERTIFICATION: LOCATION MAP PARCELS 4 - 5 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 WR/WESMT ESMTESMPID: 273-000126 Michael J. Streng 75 Franklin Street INST: 201406190077209 .38 ACRES PID: 273-000124 The Congregational Church of Dublin, Ohio 81 Bridge Street INST: 201705080061142 .38 ACRES 4 U 5 U LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT STRENG 4-U - .001 AC CONGREGATION AL CHURCH 5-U - .002 AC FRANKLIN STREET W BRIDGE STREETExhibit B LOCATION MAP PARCELS 4 - 5 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 WR/WESMT ESMTESMPID: 273-000126 Michael J. Streng 75 Franklin Street INST: 201406190077209 .38 ACRES PID: 273-000124 The Congregational Church of Dublin, Ohio 81 Bridge Street INST: 201705080061142 .38 ACRES 4 U 5 U LEGEND PROPOSED PERPETUAL PUBLIC UTILITY EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT STRENG 4-U - .001 AC CONGREGATION AL CHURCH 5-U - .002 AC FRANKLIN STREET W BRIDGE STREETExhibit B