Resolution 21-23RECORD OF RESOLUTIONS GOVERNMENT FOR <9042 FORM NO. 30045. Resolution No 21-23 Passed , 20 INTENT TO APPROPRIATE EASEMENTS FROM DIANA L. TOUT AND GERALD A. TOUT, HUSBAND AND WIFE, FROM THE PROPERTY LOCATED AT 172 FRANKLIN STREET, FOR THE PUBLIC PURPOSE OF CARRYING OUT THE SOUTH HIGH STREET UTILITY BURIAL — PHASE 1 PROJECT 19-030-CIP WHEREAS, the City of Dublin (“City”) is engaged in a substantial utility project along South High Street which includes the burial of existing overhead electrical facilities, Project 19-030-CIP (“Project”); and WHEREAS, the Project requires that the City obtain the following property interest from the parcel identified as Franklin County Parcel Numbers 273-000172-00, owned by Diana L. Tout and Gerald A. Tout, husband and wife, as described in the attached Exhibit A and depicted in the attached Exhibit B: e 24-U: a 0.015-acre 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 lanas. e 24-T: a 0.020-acre temporary 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; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, _“/7_ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the public purpose of carrying out the South High Street Utility Project 19-030-CIP — Phase 1, the following easement from Diana L. Tout and Gerald A. Tout, husband and wife, which is described in the attached Exhibit A and depicted in the attached Exhibit B: e 24-U: a 0.015-acre 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; and e 24-T: a 0.020-acre temporary 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. Section 2. The City Manager is hereby authorized to cause written notice of the passage of this Resolution to be served upon the owner(s) and person(s) in possession or having an interest of record in the property described in the attached Exhibit A and depicted in the attached Exhibit B, and this notice shall be served according to law. Section 3. This Resolution shall take effect upon adoption in accordance with 4.04(a) of the Dublin Revised Charter. Passed this 27" day of February, 2023. Vue Di Mayor — Presiding siding Of icer
To: Members of Dublin City Council
From: Megan D. O’Callaghan, P.E., City Manager
Date: February 21, 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
Chris Huber, P.E., Civil Engineer II- Design & Construction
Re: Resolutions 18-23 through 21-23 – Intent to Appropriate Easements on
the South High Street Utility Burial - Phase 1 Project (19-030-CIP)
Background
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 utilities
(Spectrum, AT&T, Breezeline, and Dublink) 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. A location map is provided on page three of this memo. At the
completion of both phases 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.
Summary
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. Beginning in 2022, the City
has participated in good faith discussions with all 23 property owners.
Although negotiations with the four remaining property owners are ongoing, the City has not been
able to reach agreement in terms of the compensation for the needed easements. The City is
hopeful that an amicable agreement can still be reached with the property owners; however, this
Resolution begins the appropriation process in the event that negotiations are unsuccessful. The
four remaining property owners have been made aware the City intends to begin the
appropriations process for the necessary easements via a letter from MS Consultants, Inc.
In order for the Project to remain on schedule and proceed to construction, a Contract for a Right
of Entry Agreement (Agreement) has been executed with the four remaining property owners. The
owners acknowledge through the Agreement that the City has the right to enter upon their
property for the purpose of constructing utilities, and the City has the right to commence an action
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Memo
Resolutions 18-23 through 21-23 – Intent to Appropriate easements on the South High Street Utility
Burial - Phase 1 Project (19-030-CIP)
February 21, 2023
Page 2 of 3
to appropriate the property. This Agreement allows the Project to advance but does not acquire
the needed easements. The easements will need to be filed prior to the completion of the Project.
Acquisition
These property acquisitions consist 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
Michael J. Streng & Melanie R.
Fournier-Streng, husband and wife
(75 Franklin Street)
4-U
0.001-acre
perpetual
easement
273-000126-00 $500
The Harry G. Hirth Revocable Trust,
dated April 28, 2006
(150 Franklin Street)
21-U 0.006-acre
perpetual
easement 273-000120-00 $3,400
21-T 0.012-acre
temporary
easement
Evelyn H. Wirchainski and John L.
Wirchanski, Trustees of the Evelyn H.
Wirchainski Revocable Trust dated
April 10, 1996
(160 Franklin Street)
23-U 0.015-acre
perpetual
easement 273-000174-00 $7,650
23-T 0.020-acre
temporary
easement
Diana L. Tout and Gerald A. Tout,
husband and wife
(172 Franklin Street)
24-U 0.015-acre
perpetual
easement 273-000172-00 $8,150
24-T 0.020-acre
temporary
easement
Recommendation
Staff recommends approval of Resolutions 18-23 through 21-23 to allow the Project to remain on
schedule and proceed to construction.
Resolutions 18-23 through 21-23 – Intent to Appropriate easements on the South High Street Utility
Burial - Phase 1 Project (19-030-CIP)
February 21, 2023
Page 3 of 3
Project Location Map
LOCATION MAP
PARCELS 20 - 25
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/WESMT
ESMTESMTESMTESMTESMTPID: 273-000015Lance Schneier &Sue Wood Schneier 143 S High Street .25 ACRESPID: 273-000106Elizabeth A. Whisler 155 S High StreetINST: 201210040149094 .25 ACRESPID: 273-000046
Robert C. Karrer Jr., Trustee
167 S High Street
INST: 200207260183614
.85 ACRES
PID: 273-000083
Timothy Bergwall
181 S High Street
INST: 201707060091892
.47 ACRES
PID: 273-000120
Harry G. Hirth, Trustee
150 Franklin Street
INST: 200605040084846
.43 ACRES
PID: 273-000142
Daniel G. Emmenegger, Jr.
140 Franklin Street
INST: 201411030145476
.49 ACRES
PID: 273-000798
Ryan Dammann &
Callista Dammann
140 Waterford Drive
INST: 201805290070416
.42 ACRES
PID: 273-000174
Evelyn H. Wirchainski,
Trustee
160 Franklin Street
INST: 200010130208849
.43 ACRES
PID: 273-000172
Diana L. Tout & Gerald
A. Tout
172 Franklin Street
INST: 201106130073767
.43 ACRES PID: 273-000135Eric Pickering & LucyPickering Franklin Street .40 ACRESPID: 273-000043Village of Dublin 129 S High StreetINST: 196701130000508 .005 ACRESLEGEND
PROPOSED
PERPETUAL PUBLIC
UTILITY EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
DUBLIN
20-U - .005 AC
HIRTH
21-U - .006 AC
HIRTH
21-T - .012 AC
KARRER
22-U1 - .018 AC
KARRER
22-U2 - .001 AC
KARRER
22-T - .001 AC
WIRCHAINSKI
23-U - .015 AC
WIRCHAINSKI
23-T - .020 AC
TOUT
24-U - .015 AC
TOUT
24-T - .020 AC
DAMMANNS
25-U - .010 AC
DAMMANNS
25-T - .011 AC
25
T
24
T25
U
24
U
22
T
22
U-222
U-1
20
U
21
U 21
T
23
U
23
T
MILL LANE
S HIGH STREETWATERFORD DRIVE
EXHIBIT A
PARCEL 24-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 a 0.435 acre tract conveyed to Diana L. Tout and Gerald A. Tout by
deed of record in Instrument Number 201106130073767, as recorded in the Franklin County
Recorder’s Office, and being more particularly described as follows:
Commencing at the northeasterly corner of Lot 1 of Waterford Village Phase I, Plat Book 51,
Page 10, the southeasterly corner of Tract Two of the lands conveyed to Robert C. Karrer Jr.,
Trustee by deed of record in Instrument Number 200207260183614, and being on the westerly
line of the lands conveyed to Timothy Bergwall by deed of record in Instrument Number
201707060091892;
Thence along the northerly line of Lot 1, and the southerly line of said Karrer Jr. tract, South 81°
26' 59" West for a distance of 2.91 feet to the grantor’s southeasterly corner and the
southwesterly corner of said Karrer Jr. tract and being the TRUE POINT OF BEGINNING;
Thence continuing along the northerly line of Lot 1 and the grantor’s southerly line, South 81°
26' 59" West for a distance of 7.09 feet to a point;
Thence leaving the northerly line of Lot 1, across the grantor’s property, North 09° 29' 27"
West for a distance of 66.32 feet to a point;
Thence continuing across the grantor’s property, North 07° 40' 09" West for a distance of 19.70
feet to a point on the grantor’s northerly line and the southerly line of the lands conveyed to
Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849;
Thence along the grantor’s northerly line and the southerly line of said Wirchainski tract, North
81° 58' 05" East for a distance of 7.97 feet to the grantor’s northeasterly corner and the
southeasterly corner of said Wirchainski tract, said point also being on the westerly line of said
Karrer Jr. tract;
Thence along the grantor’s easterly line and the westerly line of said Karrer Jr. tract, South 08°
29' 17" East for a distance of 85.94 feet to the True Point of Beginning, containing 0.015
acres, more or less, all of which is within Auditor’s Parcel Number 273-000172.
The bearings are based on the northerly line of Lot 1 of Waterford Village Phase 1 (Plat Book
51, Page 10) being South 81° 26' 59" 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.
⅊⅊⅊Diana L. Tout and Gerald A. Tout
172 Franklin Street
PID: 273-000172
Inst. 201106130073767
Evelyn H. Wirchainski, Trustees160 Franklin StreetPID: 273-000174Inst. 200010130208849Robert C. Karrer Jr., Trustee
167 South High Street
PID: 273-000046
Inst. 200207260183614
Waterford Village
Phase I
PB 51, PG 10
Lot 1
Waterford Drive(Width Varies)(PB 51, Pg 10)N 09°29'27" W 66.32'
S 08°29'17" E 85.94'
N 81°58'05" E
7.97'S 81°26'59" W
7.09'
S 81°26'59" W
2.91'
N 07°40'09" W
19.70'
P.O.C.
P.O.B.
Timothy Bergwall
181 South High Street
PID: 273-000083
Inst. 201707060091892
CERTIFICATION:
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2542,
and being part of a 0.435 acre tract conveyed to Diana L. Tout by deed of record in
Instrument Number 201106130073767 as recorded in the Franklin County Recorder's Office.
JOB NO. 2020-4011
0
SCALE IN FEET
20 40
Korda/Nemeth Engineering, Inc - Consulting Engineers
EXHIBIT B
PARCEL 24-U
SOUTH HIGH STREET
UTILITY BURIAL -
PHASE 1
19-030-CIP SHEET 1 of 1
DATE: 6-7-22
The bearing of S81°26'59"W on the northerly line of Lot 1 of
Waterford Village Phase I (PB51, PG10) 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.
0.015 ACRE
EASEMENT 24-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
0.015 ACRE
EASEMENT 24-U
22
23
24
25
EXHIBIT A
PARCEL 24-T
SOUTH HIGH STREET UTILITY BURIAL - PHASE 1
TEMPORARY 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 a 0.435 acre tract conveyed to Diana L. Tout and Gerald A. Tout by
deed of record in Instrument Number 201106130073767, as recorded in the Franklin County
Recorder’s Office, and being more particularly described as follows:
Commencing at the northeasterly corner of Lot 1 of Waterford Village Phase I, Plat Book 51,
Page 10, the southeasterly corner of Tract Two of the lands conveyed to Robert C. Karrer Jr.,
Trustee by deed of record in Instrument Number 200207260183614, and being on the westerly
line of the lands conveyed to Timothy Bergwall by deed of record in Instrument Number
201707060091892;
Thence along the northerly line of Lot 1, and the southerly line of said Karrer Jr. tract, South 81°
26' 59" West for a distance of 10.00 feet to a point along the grantor’s southerly line and the
northerly line of Lot 1, said point being the TRUE POINT OF BEGINNING;
Thence continuing along the northerly line of Lot 1 and the grantor’s southerly line, South 81°
26' 59" West for a distance of 10.00 feet to a point;
Thence leaving the northerly line of Lot 1, across the grantor’s property, North 09° 29' 27"
West for a distance of 66.32 feet to a point;
Thence continuing across the grantor’s property, North 07° 40' 09" West for a distance of 19.80
feet to a point on the grantor’s northerly line and the southerly line of the lands conveyed to
Evelyn H. Wirchainski, Trustee by deed of record in Instrument Number 200010130208849;
Thence along the grantor’s northerly line and the southerly line of said Wirchainski tract, North
81° 58' 05" East for a distance of 10.00 feet a point;
Thence leaving the southerly line of said Wirchainski tract, across the grantor’s property, South
07° 40' 09" East for a distance of 19.70 feet to a point;
Thence continuing across the grantor’s property, South 09° 29' 27" East for a distance of 66.32
feet to the True Point of Beginning, containing 0.020 acres, more or less, all of which is within
Auditor’s Parcel Number 273-000172.
The bearings are based on the northerly line of Lot 1 of Waterford Village Phase 1 (Plat Book
51, Page 10) being South 81° 26' 59" 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.
⅊⅊Diana L. Tout
172 Franklin Street
PID: 273-000172
Inst. 201106130073767
Evelyn H. Wirchainski, Trustee160 Franklin StreetPID: 273-000174Inst. 200010130208849Robert C. Karrer Jr., Trustee
167 South High Street
PID: 273-000046
Inst. 200207260183614
Lot 1
Waterford Village
Phase I
PB 51, PG 10
Waterford Drive(Width Varies)(PB 51, Pg 10)Easement #24-T
0.020 Acres
P.O.C.
P.O.B.
Timothy Bergwall
181 South High Street
PID: 273-000083
Inst. 201707060091892
N 07°40'09" W
19.80'N 09°29'27" W 66.32'
19.70'
S 07°40'09" ES 09°29'27" E 66.32'
S 81°26'59" W
10.00'
S 81°26'59" W
10.00'
N 81°58'05" E
10.00'
Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey No. 2542,
and being part of a 0.435 acre tract conveyed to Diana L. Tout by deed of record in
Instrument Number 201106130073767 as recorded in the Franklin County Recorder's Office.
JOB NO. 2020-4011
0
SCALE IN FEET
20 40
Korda/Nemeth Engineering, Inc - Consulting Engineers
EXHIBIT B
PARCEL 24-T
SOUTH HIGH STREET
UTILITY BURIAL -
PHASE 1
19-030-CIP SHEET 1 of 1
DATE: 6-7-22
The bearing of S81°26'59"W on the northerly line of Lot 1 of
Waterford Village Phase I (PB51, PG10) 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 24-T
0.020 Acres
TEMPORARY 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
23
24
25
22
CERTIFICATION: