Ordinance 73-22
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: January 3, 2023
Initiated By: Robert E. Ranc, Jr., Deputy City Manager
Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Brian D. Gable, P.E., Deputy Director of Engineering – Design & Construction
Re: Ordinance 73-22 – Acquisition of Easement for the South High Street Utility
Burial – Phase 1 Project (19-030-CIP) – Follow Up Information
Background
As part of the Downtown Historic District beautification efforts, the City is working to install
underground electric (AEP) and telecommunication utilities (Spectrum, AT&T, Breezeline, and
Dublink) to service affected parcels in the Downtown Historic District. The purpose and benefit of this
project is the elimination of the existing overhead utility lines along South High Street and within
portions of the Downtown Historic District. Since the primary purpose of the project is aesthetic
enhancement and beautification, the City is required to bear the costs associated with the project.
Further, in the event a property is not converted to underground electric service as part of this
project, the existing overhead electric line on South High Street, or portions of it, would need to
remain. 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.
Summary
At the December 5, 2022 City Council Meeting, Council requested additional information regarding the
proposed permanent utility easement acquisition from U Crew Holdings LLC at 113-115 South High
Street (Parcel 16) necessary for the completion of the project. The additional information requested
by Council is provided below.
Clarification Regarding 109 South High Street Encroachment
As part of its presentation to Council on December 5, 2022, staff noted that the existing historical
structure located at 109 South High Street, the property located to the north of Parcel 16, extends
beyond the existing property line and as a result encroaches onto Parcel 16.
By way of clarification, the existing encroachment does not result in additional costs to either the City
or U Crew Holdings LLC. Regardless of the existence of the encroachment, a permanent utility
easement is required to provide electric and telecommunication service to the historic structure
located at 109 South High Street. Staff’s intention in noting the existence of the encroachment was
to explain why the City is acquiring the necessary permanent utility easement from U Crew Holdings
LLC rather than the owner of the property at 109 South High Street.
The permanent easement is being acquired for the purposes of “construction, operation, 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.” The
easement is only purchasing rights for a shared utility easement and no rights beyond that purpose
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614-410-4490 Memo
Ordinance 73-22 – Acquisition of Easement for the South High Street Utility Burial – Phase 1 Project (19-030-
CIP) – Follow Up Information
January 3, 2023
Page 2 of 2
are part of the easement. The existing encroachment will remain after this acquisition as the
easement rights the City is purchasing are for utility work and not for any other purpose.
Proposed Utility Alignment
There was also a question regarding the advisability of the proposed utility alignment associated with
the proposed easement acquisition. The current overhead electric service connection to 109 South
High Street is located on the south side of the building and is provided from the existing overhead
electric distribution lines located within the right-of-way along the west side of South High Street.
A large portion of the proposed permanent easement along the north property line of Parcel 16 would
be required independent of the location of the existing overhead electric service line. Because of
limitations on the length of electric service lines by AEP, alternative underground electric service line
alignments would require the extension of the new primary electric distribution lines along Mill Lane
and then east along Pinney Hill Lane. Further, additional ground mounted transformers/pedestals
would need to be placed adjacent to Pinney Hill Lane for an underground electric service line to 109
South High Street. This electric distribution configuration and the resulting underground electric
service line to 109 South High Street would be impactful to the area and more costly to the City, thus
outweighing any savings derived from eliminating the proposed permanent easement.
Additionally, the property at 109 South High Street contains numerous large mature trees that are
easily visible from Mill Lane and South High Street. These trees would be significantly impacted if the
electric service line were routed within the property boundaries along its southern property line. The
property also has parking along its western and northern boundaries, and a building within the
eastern portion of the property, significantly limiting any alternative easement locations.
Cost of the Proposed Easement
The Council noted the high cost of the proposed easement compared to the other easements
acquired to facilitate this project. The cost of the proposed easement is caused by both the size of
the easement, which is larger than the other easements necessary for this project, as well as the fact
that the proposed easement is located on commercial property. Staff has examined the cost per
square foot of the other easements acquired for this project, and the cost of this proposed easement
is in line with those acquisitions. Specifically, the cost of the easements on residential property has
been approximately $10/square foot, and the cost of the easements on commercial property has
been approximately $50/square foot.
Recommendation
This memo is for informational purposes only.
LOCATION MAP
PARCELS 9 - 19
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
CIP 19-030
DUBLIN, OHIO 43016
R/W R/W
R/W
/W
W R/W
LEGEND
PROPOSED
PERPETUAL PUBLIC
UTILITY EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
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
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
CIP 19-030
DUBLIN, OHIO 43016 WW
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 16-U1
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 2 of Daniel Wright’s Addition to Dublin as recorded in Plat
Book 20, Page 519, and being part of the lands conveyed to U Crew Holdings LLC by deed of
record in Instrument Number 201310160175201, as recorded in the Franklin County Recorder’s
Office, and being more particularly described as follows:
Commencing at the southwesterly corner of said Lot 2 and the northwesterly corner of Lot 3 of
said Daniel Wright’s Addition, said point being on the easterly right of way of Mill Lane (22’
Wide) and the grantor’s westerly line;
Thence along the grantor’s westerly line, the westerly line of Lot 2, and the easterly right of way
of Mill Lane, North 08° 03' 32" West for a distance of 6.00 feet to the TRUE POINT OF
BEGINNING;
Thence continuing along the grantor’s westerly line, the westerly line of Lot 2 and the easterly
right of way of Mill Lane, North 08° 03' 32" West for a distance of 6.00 feet to the grantor’s
northwesterly corner and the southwesterly corner of lands conveyed to GemLaw Properties,
LLC by deed of record in Instrument Number 201511020155169;
Thence leaving the easterly right of way of Mill Lane and the westerly line of Lot 2, along the
grantor’s northerly line and the southerly line of said GemLaw tract, North 81° 51' 08" East for
a distance of 166.26 feet to the grantor’s northeasterly corner, the southeasterly corner of said
GemLaw tract, said point being on the westerly right of way of South High Street (66’ Wide) and
the easterly line of Lot 2;
Thence along the grantor’s easterly line, the easterly line of Lot 2 and the westerly right of way
of South High Street, South 08° 22' 42" East for a distance of 8.00 feet to a point;
Thence leaving the westerly right of way of South High Street and the easterly line of Lot 2,
across the grantor’s property, South 81° 51' 08" West for a distance of 166.30 feet to the True
Point of Beginning, containing 0.023 acres, more or less, all of which is within Auditor’s Parcel
Number 273-000034.
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 26,022____
Nicholas J. Del Valle Date
Professional Surveyor, Ohio License No. 8822
Korda/Nemeth Engineering, Inc.
Lot 2⅊U Crew Holdings LLC
113 South High Street
PID: 273-000034
Inst. 201310160175201 Lot 3Mill Lane (22' Wide)N 08°03'32" W
6.00'
N 08°03'32" W
6.00'S 81°51'08" W 166.30'N 81°51'08" E 166.26'Daniel Wright's
Addition to Dublin
PB 20, PG 519
Gemlaw Properties, LLC
109 South High Street
PID: 273-000070
Inst. 201511020155169
P.O.B.P.O.C.
197.41'
16
John Wright Lane(16.5' Wide)S. High Street (66' Wide)
S 08°22'42" E
6.00'
CERTIFICATION:
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452,
and being part of Lot 2 in Daniel Wrights Addition to Dublin, Plat Book 20, Page 519,
as recorded in the Franklin County Recorder's Office.
JOB NO. 2020-4011
0
SCALE IN FEET
10 20
Korda/Nemeth Engineering, Inc - Consulting Engineers
EXHIBIT B
PARCEL 16-U1
SOUTH HIGH STREET
UTILITY BURIAL -
PHASE 1
19-030-CIP SHEET 1 of 1
DATE: 6-7-22
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.
0.023 ACRE
EASEMENT 16-U1
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
0.023 ACRE
EASEMENT 16-U1
EXHIBIT A
PARCEL 16-U2
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 3 of Daniel Wright’s Addition to Dublin as recorded in Plat
Book 20, Page 519, and being part of the lands conveyed to U Crew Holdings LLC by deed of
record in Instrument Number 201310160175201, as recorded in the Franklin County Recorder’s
Office, and being more particularly described as follows:
Commencing at the southwesterly corner of said Lot 3 and the northwesterly corner of Lot 4 of
said Daniel Wright’s Addition, said point being on the easterly right of way of Mill Lane (22’
Wide) and the westerly line of the lands conveyed to Richard J. Toberen by deed of record in
Instrument Number 201805140063816;
Thence along the westerly line of Lot 3 and the Toberen tract, and the easterly right of way of
Mill Lane, North 08° 03' 32" West for a distance of 12.00 feet to the grantor’s southwesterly
corner and the northwesterly corner of said Toberen tract, said point being the TRUE POINT
OF BEGINNING;
Thence continuing along the grantor’s westerly line, the westerly line of Lot 3 and the easterly
right of way of Mill Lane, North 08° 03' 32" West for a distance of 13.00 feet to a point;
Thence leaving the easterly right of way of Mill Lane and the westerly line of Lot 3, across the
grantor’s property, North 81° 51' 08" East for a distance of 6.00 feet to a point;
Thence, continuing across the grantor’s property, South 08° 03' 32" East for a distance of 8.00
feet to a point;
Thence continuing across the grantor’s property, North 81° 51' 08" East for a distance of 3.00
feet to a point;
Thence continuing across the grantor’s property, South 08° 03' 32" East for a distance of 5.00
feet to a point on the grantor’s southerly line and the northerly line of said Toberen tract;
Thence along the grantor’s southerly line and the northerly line of said Toberen tract, South 81°
51' 08" West for a distance of 9.00 feet to the True Point of Beginning, containing 0.002
acres, more or less, all of which is within Auditor’s Parcel Number 273-000034.
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).
Professional Surveyor, Ohio License No. 8822
__________________________________ May 26, 2022
Nicholas J. Del Valle Date
Professional Surveyor, Ohio License No. 8822
Korda/Nemeth Engineering, Inc.
Daniel Wright's
Addition to Dublin
PB 20, PG 519
Richard J. Toberen
119 South High Street
PID: 273-000075
Inst. 201805140063816
⅊U Crew Holdings LLC
113 South High Street
PID: 273-000034
Inst. 201310160175201
Mill Lane (22' Wide)
N 08°03'32" W 13.00'S 81°51'08" W9.00'S 08°03'32" E
8.00'
N 81°51'08" E
6.00'
N 81°51'08" E
3.00'
S 08°03'32" E
5.00'
P.O.B.P.O.C.Lot 4Lot 3131.41'N 08°03'32" W
12.00'
1619
John Wright Lane(16.5' Wide)Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2452,
and being part of Lot 3 in Daniel Wrights Addition to Dublin, Plat Book 20, Page 519,
as recorded in the Franklin County Recorder's Office.
JOB NO. 2020-4011
0
SCALE IN FEET
10 20
Korda/Nemeth Engineering, Inc - Consulting Engineers
EXHIBIT B
PARCEL 16-U2
SOUTH HIGH STREET
UTILITY BURIAL -
PHASE 1
19-030-CIP SHEET 1 of 1
DATE: 6-7-22
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.
0.002 ACRE
(93.00 Sq. Ft.)
EASEMENT 16-U2
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
0.002 ACRE
(93.00 Sq. Ft.)
EASEMENT 16-U2
CERTIFICATION:
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 LLC87 S High StreetINST: 200907170105163 .11 ACRESPID: 273-000123Jeffrey P. Bolyard 60 Franklin StreetCivic Add Lot 3 .35 ACRESPID: 273-000075Richard J. Toberen119 S High StreetINST: 201805140063816 .18 ACRESPID: 273-000034U Crew Holdings, LLC 113-115 S High StreetINST: 20131016017520 .25 ACRESPID: 273-000070Gemlaw Properties109 S High StreetINST: 201511020155169 .23 ACRESPID: 273-00010491 S High St, LLC91 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 LLC75 S High StreetINST: 201701100004667 .25 ACRESPID: 273-00009263 South High LLC63 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 LANEExhibit B