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Ordinance 31-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 31-23 Passed , 20 APPROPRIATE A 0.070-ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS, AND A 0.225 ACRE FEE SIMPLE WARRANTY DEED FOR RIGHT-OF-WAY, WITHOUT LIMITATION TO EXISTING ACCESS RIGHTS, FROM ARTHUR G. WESNER AND ELIZABETH L. WESNER, FOR THEIR JOINT LIVES, REMAINDER TO THE SURVIVOR OF THEM, FROM THE PROPERTY LOCATED AT 7455 HYLAND-CROY ROAD AND 7485 HYLAND-CROY ROAD, FOR THE PUBLIC PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS, WHICH WILL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (“City”) is preparing to construct the Hyland-Croy Road Improvements Project, 22-029-CIP (“Project”); and WHEREAS, the Project requires that the City obtain the following property rights from the parcel identified as Union County Parcel Number 17-0031036 and 17-0031047, owned by Arthur G. Wesner and Elizabeth L. Wesner, for their Joint Lives, Remainder to the Survivor of them (“Property Owner”), as described in the attached Exhibits A and depicted in the attached Exhibits B: e 19-WD: a 0.070-acre fee simple right-of-way, without limitation to existing access rights. e 20-WD: a 0.225-acre fee simple right-of-way, without limitation to existing access rights. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, O of the elected members concurring that: Section 1. Council considers it necessary and declares its authorization to appropriate, for the appraised value of $3,604.00 and for the public purpose of constructing out the Project, the following property rights and easements from the Property Owner, each of which are described in the attached Exhibits A and depicted in the attached Exhibits B: e 19-WD: a 0.070-acre fee simple right-of-way, without limitation to existing access rights. e 20-WD: a 0.225-acre fee simple right-of-way, without limitation to existing access rights. Section 2. The City Law Director’s office is hereby authorized to file a petition for appropriation in the county Court of Common Pleas should it become necessary. Section 3. The Council further hereby authorizes and directs the City Manager, the Director of Law, the Director of Finance, the Clerk of Council, or other appropriate officers of the City to take any other actions as may be appropriate to implement this Ordinance, including the authority to reach a reasonable administrative resolution with the Property Owner to acquire the property rights in an amount greater than the appraised value. Should the City reach a reasonable administrative resolution at an amount greater than the appraised value, no further legislation is required. Section 4. This Ordinance shall take effect upon passage in accordance with 4.04(b) of the Dublin Revised Charter. Passed this 11" day of September, 2023. Mayor — [residing Offer ty (Gad Cloth sth of CofAcil To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: August 22, 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 Christopher W. Huber, P.E., Civil Engineer II Re: Ordinance 31-23 – Authorizing Appropriation of Right-of-Way for the Hyland- Croy Road Improvements Project (22-029-CIP) Background The Hyland-Croy Road Improvements Project (Project) includes widening Hyland-Croy Road to a three lane roadway, installing turn lanes where Hyland-Croy Road intersects Springview Lane, Moorland Drive, Holbein Drive and Park Mill Drive and installing a new traffic signal at Moorland Drive. Other improvements include timber guardrail, stormwater drainage improvements, lighting at intersections and a shared-use path along the east side of Hyland-Croy Road between Post Road and Park Mill Drive. These improvements to Hyland-Croy Road were identified in the Hyland Glen Subdivision Traffic Impact Study (TIS). Please see the attached Location Map for the general work locations. The intersection improvements, as depicted on the Location Map, include: • Northbound right turn lane at the restricted right-in/right-out at the Springview Lane intersection. • Traffic signal and turn lanes at the Moorland Drive main entrance. • Turn lanes at the Holbein Drive intersection. • Addition of turn lanes at Park Mill Drive. In January 2022, the City of Dublin (City), the Developer of the Hyland Glen Subdivision and Union County entered into an infrastructure agreement (Ordinance 83-21) which addresses regional transportation improvements, the internal roadways in the development, Hyland-Croy Road improvements, a gateway reserve, neighborhood entrance features, right-of-way and easement dedications and necessary utility extensions. Additionally, in April 2022 the City entered into a Cooperative Construction Agreement (CCA) with Union County (Resolution 17-22) which outlines planned improvements to Hyland-Croy Road between the US 33/SR 161/Post Road Interchange limits north to, and including any intersection improvements at Park Mill Drive. In accordance with the CCA, the City agreed to fund the right-of-way acquisition costs. Summary The City engaged MS Consultants, Inc. (MS) as the acquisition agent for this Project. In that role, MS has been the point of contact, in addition to City staff, with the property owners on the Project. The Project requires acquisition by the City from four parcels. The City has been able to reach agreement with two parcels through donation. Property owner Jiechun Liu, located at 7505 Hyland-Croy Road (Parcel No. 17-0031050) and 7525 Hyland-Croy Road (Parcel No. 17-0031037), Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Ordinance 31-23 – Authorizing Appropriation of Right-of-Way for the Hyland-Croy Road Improvements Project (22-029-CIP) August 22, 2023 Page 2 of 3 donated 0.133 acres and 0.066 acres respectively as right-of-way. The City thanks Mr. Liu for his generous donation benefitting this Project and the community as a whole. Acquisitions A Good Faith Offer Letter, the appraisal report, and associated information were provided to the property owners in June 2023. The remaining property acquisitions consist of the following property interests from the named property owners listed below and as depicted in the exhibits attached: Property Owner(s) Parcel Number Property Interests Auditor Parcel ID Number(s) Appraised Value Ordinance 31-23 – Appropriate Right-of-Way Arthur G. Wesner and Elizabeth L. Wesner, for their Joint Lives, Remainder to the Survivor of them (7455 Hyland Croy Rd.) 19-WD 0.070-acre fee simple Right-of-Way, without limitation to existing access rights 17-0031036 $767.00 Ordinance 31-23 – Appropriate Right-of-Way Arthur G. Wesner and Elizabeth L. Wesner, for their Joint Lives, Remainder to the Survivor of them (7485 Hyland-Croy Rd.) 20-WD 0.225 acre fee simple Right-of Way, without limitation to existing access rights 17-0031047 $2,837.00 Recommendation MS Consultants and City staff continues to work with the owners of the necessary properties to reach a mutually agreeable resolution; however, this ordinance allows the City to continue through the acquisition process. Staff recommends adoption of Ordinance 31-23 at the second reading/public hearing on September 11, 2023, as this ordinance will allow the Project to remain on schedule and proceed to construction. Ordinance 31-23 – Authorizing Appropriation of Right-of-Way for the Hyland-Croy Road Improvements Project (22-029-CIP) August 22, 2023 Page 3 of 3 Project Location Map }}}}}}}}}HORIZONTALSCALE IN FEETCALCULATEDCHECKEDQ:\Transportation\Projects\Local\City of Dublin\Design\Roadway\Basemaps\CR002_BP001_exhibit.dgn Design 7/17/2023 1:33:58 PM ekisiel0 00XXX XXX N HYLAND-CROY RD. IMPROVEMENTS 75150300 437 438 439 440 441 442}}}}}}N10.965 ACRESO.R. 17 PG. 2637455 HYLAND CROY RD.ELIZABETH L. WESNERARTHUR G. WESNER AND17-0031036.002.00 ACRES O.R. 114 PG. 796 7485 HYLAND CROY RD. ELIZABETH L. WESNER ARTHUR G. WESNER AND 17-0031047.0000 2.01 ACRES O.R. 685 PG. 677 7505 HYLAND CROY RD. LIU JIECHUN 17-0031050.0000 4.961 ACRES I.N. 201807060005321 7525 HYLAND CROY RD. DOUBLE THREE PROPERTIES LLC 17-0031037.0000 LEGEND PROPOSED RIGHT-OF-WAY EXISTING PROPERTY LINE EXISTING RIGHT-OF-WAY EASEMENT EXISTING UTILITY CORPORATION LIMITS EASEMENT EXISTING GENERAL 19 20 21 22 WD 19 WD 20 WD 21 WD 22 17-0031038.003017-0031038.101039-0029006.1000 39-0029011.0240 39-0290011.0270 NET = 0.018 AC P.R.O. = 0.048 AC TOTAL = 0.066 AC DOUBLE THREE - 22 LOCATION MAP PARCEL 19 TO 22 22-029-CIP HYLAND CROY ROAD IMPROVEMENTS DUBLIN, OHIO 43016 DATE: 8/10/2023 HYLAND CROY RD. 0 40 20 80 NET = 0.044 AC P.R.O. = 0.089 AC TOTAL = 0.133 AC JIECHUN - 21 (DONATED) (DONATED) EASEMENT EXISTING HIGHWAY NET = 0.007 AC P.R.O. = 0.028 AC * P.R.O. = 0.035 AC ** TOTAL = 0.070 AC WESNER - 19 ** - P.R.O. PER UNION CTY. 22, PG 424 * - P.R.O. PER IN. 20185160003782 NET = 0.022 AC P.R.O. = 0.090 AC * P.R.O. = 0.133 AC ** TOTAL = 0.225 AC WESNER - 20 EXHIBIT A PARCEL 19-WD HYLAND-CROY ROAD IMPROVEMENTS RIGHT-OF-WAY ACQUISTION ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATIONS OF EXISTING ACCESS RIGHTS Situate in the State of Ohio, County of Union, Jerome Township, known as being part of Virginia Military Survey No. 6420, also known as being a portion of a 10.965 acre tract deeded to Arthur G. Wesner and Elizabeth L. Wesner, Husband and Wife, for Their Joint Lives, Remainder to the Survivor of Them, by deed of record in Official Record Book 17, Page 263, (all records referenced herein refer to the Union County Records) and being more particularly described as follows: BEGINNING at the northeast corner of Lot 1, of Jerome Grand at Jacquemin Farms as shown in Plat Book 6 Page 31, deeded to Paul L. Jacquemin and Mary M. Jacquemin, husband and wife, by deed of record in Instrument Number 201805180003863, also being the northwest corner of a 4.060 acre tract of dedicated right of way for Hyland Croy Road (variable width) to the Union County Board of Commissioners, as shown in Plat Book 6 Page 31, said corner also being the south line of said 10.965 acre tract, (witness an Iron Pipe found with a cap labeled EMHT North 85 ° 14’39” East, a distance 0.44 feet); Thence, North 04°-14’-57” West, a distance of 60.90 feet, across and through said 10.965 acre tract, to an Iron Pin Set in the line common to said 10.965 acre tract and a 2.00 acre tract deeded to Arthur G. Wesner and Elizabeth L. Wesner, for their joint lives, remainder to the survivor of them, by deed of record in Official Record Book 114 Page 796; Thence, North 84 °-33’06” East, a distance of 50.01 feet, being coincident with the line common to said 10.965 and 2.00 acre Wesner tracts, to a Magnetic Nail Set on the existing centerline of Hyland Croy Road at the northeast corner of said 10.965 acre Wesner tract and the southeast corner of said 2.00 acre Wesner tract; Thence, South 04 °-14’57” East, a distance of 61.50 feet, being coincident with the existing centerline of Hyland Croy Road and the east line of said 10.965 acre Wesner tract, to a Magnetic Nail Set at the southeast corner of said 10.965 acre Wesner tract and the northeast corner of said 4.060 acre tract; Thence, South 85 °-14’39” West, a distance of 50.00 feet, being coincident with the line common to said 10.965 and 4.060 acre tracts (passing over an Iron Pipe found with a cap labeled EMHT at 49.56 feet, to the POINT OF BEGINNING . Containing 0.070 acre, more or less, of which 0.063 acre is in the Present Road Occupied (P.R.O.) subject to all easements, restrictions, and rights-of-way of record. The bearings in the above description are based on the grid bearing of South 04°-14’-57” East for the existing centerline of Hyland Croy Road as determined by a GPS network of field observations pe r formed in August, 2022 and are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (2011). All Iron Pins Set are 5/8-inch rebar, 30 inches long, with a yellow cap stamped “DLZ OHIO, INC.” I certify that this description is based upon a survey conducted under my direct supervision in September, 2022 and that it and the information contained herein are true and correct to the best of my knowledge. DLZ Ohio, Inc. Samuel L. Stiltner Professional Surveyor No. 8364 2221-2045.00 RAW TRAVERSE No RULE - Balanced Angles Point Coordinates Coordinates Delta 1 N 772904.3563 N 772904.3563 0.0000 E 1779110.4830 E 1779110.4830 N 04-14-57 W Dist:60.9000 2 N 772965.0889 N 772965.0889 0.0000 E 1779105.9707 E 1779105.9707 N 84-33-06 E Dist:50.0100 3 N 772969.8372 N 772969.8372 0.0000 E 1779155.7547 E 1779155.7547 S 04-14-57 E Dist:61.5000 4 N 772908.5063 N 772908.5063 0.0000 E 1779160.3115 E 1779160.3115 S 85-14-39 W Dist:50.0000 1 N 772904.3608 N 772904.3608 0.0000 E 1779110.4837 E 1779110.4837 Angular error = 0-00-00 Angular error/set = 0-00-00 Under Error North : -0.0045 Error East : -0.0007 Absolute error : 0.0046 Error Direction : S 08-26-38 W Perimeter : 222.4100 Precision : 1 in 48672.3582 Number of sides : 4 Area : 3059.8 sq. ft. , 0.0702 Acres ℄ ℄⅊⅊LDZ6121 Huntley Road - Columbus, Ohio 43229-1003Ph.: (614) 888-0040 Fax: (614) 848-6712STATE OF OHIO, COUNTY OF UNION,JEROME TOWNSHIP, VIRGINIA MILITARY SURVEY 64200.070 ACRE 19-WD RIGHT OF WAY EXHIBIT FOR CITY OF DUBLIN EXHIBIT A PARCEL 20-WD HYLAND-CROY ROAD IMPROVEMENTS RIGHT-OF-WAY ACQUISTION ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATIONS OF EXISTING ACCESS RIGHTS Situate in the State of Ohio, County of Union, Jerome Township, known as being part of Virginia Military Survey No. 6420, also known as being a portion of a 2.00 acre tract deeded to Arthur G. Wesner and Elizabeth L. Wesner, Husband and Wife, for Their Joint Lives, Remainder to the Survivor of Them by deed of record in Official Record Book 114, Page 796, (all records referenced herein refer to the Union County Records) and being more particularly described as follows: COMMENCING at the northeast corner of Lot 1, of Jerome Grand at Jacquemin Farms as shown in Plat Book 6 Page 31, deeded to Paul L. Jacquemin and Mary M. Jacquemin, husband and wife, by deed of record in Instrument Number 201805180003863, also being the northwest corner of a 4.060 acre tract of dedicated right of way for Hyland Croy Road (variable width) to the Union County Board of Commissioners, as shown in Plat Book 6 Page 31, said corner also being in the line common to a 10.965 acre tract deeded to Arthur G. Wesner and Elizabeth L. Wesner, Husband and Wife, for Their Joint Lives, Remainder to the Survivor of Them, by deed of record in Official Record Book 17, Page 263, (witness an Iron Pipe found with a cap labeled EMHT North 85 ° 14’39” East, a distance 0.44 feet); Thence, North 85 °-14’39” East, a distance of 50.00 feet, (passing over an Iron Pipe found with a cap labeled EMHT at a distance 0.44 feet) being coincident with the line common to said 10.965 and 4.060 acre tracts, to a Magnetic Nail Set on the existing centerline of Hyland Croy Road (variable width) at the southeast corner of said 10.965 acre tract and the northeast corner of said 4.060 acre tract; Thence, North 04 °-14’57” West, a distance of 61.50 feet, being coincident with the existing centerline of Hyland Croy Road and the east line of said 10.965 acre tract, to Magnetic Nail Set at the northeast corner of said 10.965 acre Wesner tract and the southeast corner of said 2.00 acre Wesner tract, said point also being the TRUE POINT OF BEGINNING for the tract of land herein being described; Thence, South 84 °-33’06” West, a distance of 50.01 feet, being coincident with the line common to said 2.00 acre and 10.965 acre Wesner tracts, to an Iron Pin Set; Thence, North 04 °-14’57” West, a distance of 196.28 feet, to an Iron Pin Set on the line common to said 2.00 acre Wesner tract and a 2.01 acre tract deeded to Jiechun Liu by deed of record in Instrument Number 202110220014007; Thence, North 84 °-42’45” East, a distance of 50.01 feet, being coincident with the line common to said 2.00 acre and 2.01 acre tracts (passing over an Iron Pipe found with a cap labeled Bird/Bull at a distance of 27.76 feet), to a Magnetic Nail Set on the existing centerline of Hyland Croy Road at the northeast corner of said 2.00 acre W esner tract and the southeast corner of said 2.01 acre tract; Thence, South 04°-14’57” East, a distance of 196.12 feet, being coincident with the existing centerline of Hyland Croy Road and the east line of said 2.00 acre Wesner tract, to the TRUE POINT OF BEGINNING. Containing 0.225 acre, more or less, of which 0.203 acre is in the Present Road Occupied (P.R.O.) subject to all easements, restrictions, and rights-of-way of record. The bearings in the above description are based on the grid bearing of South 04°-14’-57” East for the existing centerline of Hyland Croy Road as determined by a GPS network of field observations performed in August, 2022 and are based upon the Ohio State Plane Coordinate System, South Zone, NAD83 (2011). All Iron Pins Set are 5/8-inch rebar, 30 inches long, with a yellow cap stamped “DLZ OHIO, INC.” I certify that this description is based upon a survey conducted under my direct supervision in September, 2022 and that it and the information contained herein are true and correct to the best of my knowledge. DLZ Ohio, Inc. Samuel L. Stiltner Professional Surveyor No. 8364 2221-2045.00 RAW TRAVERSE No RULE - Balanced Angles Point Coordinates Coordinates Delta 1 N 772991.1096 N 772991.1096 0.0000 E 1779151.8583 E 1779151.8583 S 84-33-06 W Dist:50.0100 2 N 772986.3612 N 772986.3612 0.0000 E 1779102.0742 E 1779102.0742 N 04-14-57 W Dist:196.2800 3 N 773182.1017 N 773182.1017 0.0000 E 1779087.5311 E 1779087.5311 N 84-42-45 E Dist:50.0100 4 N 773186.7103 N 773186.7103 0.0000 E 1779137.3283 E 1779137.3283 S 04-14-57 E Dist:196.1200 1 N 772991.1294 N 772991.1294 0.0000 E 1779151.8596 E 1779151.8595 Angular error = 0-00-00 Angular error/set = 0-00-00 Under Error North : -0.0198 Error East : -0.0012 Absolute error : 0.0198 Error Direction : S 03-35-13 W Perimeter : 492.4200 Precision : 1 in 24844.8178 Number of sides : 4 Area : 9810.8 sq. ft. , 0.2252 Acres ⅊℄⅊⅊℄℄LDZ6121 Huntley Road - Columbus, Ohio 43229-1003Ph.: (614) 888-0040 Fax: (614) 848-6712STATE OF OHIO, COUNTY OF UNION,JEROME TOWNSHIP, VIRGINIA MILITARY SURVEY 64200.225 ACRE 20-WD RIGHT OF WAY EXHIBIT FOR CITY OF DUBLIN PROJECT OVERVIEW ACQUISITION OVERVIEW