Loading...
Ordinance 52-23RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 52-23 Passed , 20 AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT NECESSARY CONVEYANCE DOCUMENTS AND CONTRACT TO ACQUIRE CERTAIN PROPERTY INTERESTS FROM SKS BRIGHT ROAD, LLC, FROM A PARCEL LOCATED AT 4025 BRIGHT ROAD, IDENTIFIED AS FRANKLIN COUNTY PARCEL NUMBER 273- 008609-00, FOR THE PUBLIC PURPOSE OF CONSTRUCTING AND IMPROVING ROADWAY INFRASTRUCTURE, WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE WHEREAS, the City of Dublin (the “City”) is pursuing the construction of corridor improvements along Bright Road and Sawmill Road, as well as the construction of a roundabout on Emerald Parkway, Project 22-031-CIP (the “Project”); and WHEREAS, the Project requires that the City obtain the following property interests (“Property Interests”) from the property identified as Franklin County parcel number 2/3-008609-00, which is owned by SKS Bright Road, LLC (“Grantor”), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 12-T: a0.078-acre Temporary right of way easement; and WHEREAS, the City and the Grantor participated in good faith discussions and have come to mutually agreeable terms for the acquisition of the necessary Property Interests for the sum of $6,250.00; and WHEREAS, the City desires to execute and accept necessary documents to complete the transaction between the City and the Grantor. NOW, THEREFORE, BE IT ORDAINED 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. The City Manager is hereby authorized to execute and accept all necessary documents to acquire the above referenced Property Interests, identified as Franklin County parcel number 273-008609-00 as described in the attached Exhibit A and depicted in the attached Exhibit B, from SKS Bright Road, LLC for $6,250.00. Section 2. 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 without further legislation being required. Section 3. = This Ordinance shall take effect in accordance with 4.04(b) of the Dublin Revised Charter. Passed this 21" day of Novena , 2023. ene (al. Mayor Ppesicing Officer a ATTEST: To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: November 7, 2023 Initiated By: Robert E. Ranc, Jr., Deputy City Manager Jean-Ellen Willis, P.E., Director of Transportation & Mobility Tina Wawszkiewicz, P.E., Deputy Director of Transportation & Mobility Re: Ordinances 52-23 through 56-23 – Acquisition of Easements and Right-of- Way for the Bright Road Corridor Improvements and Emerald Parkway Mount Carmel Roundabout Projects (22-031-CIP) Background Improvements are planned at two locations in East Dublin: the Bright Road Corridor and the main entrance to the Mount Carmel site along Emerald Parkway (Project). To ease congestion and reduce delay along the Bright Road and Sawmill Road corridors, capacity improvements are planned at the intersection and along Bright Road. Improvements were initially identified in the 2019 Sawmill Road Corridor Study and evaluated with the new Mount Carmel Health Systems site to the southwest of the intersection. Turn lanes will be added to the northbound left and the eastbound right turn movements at the Bright Road and Sawmill Road intersection. In order to accommodate the addition of the second northbound left turn lane, a westbound travel lane will also be added along Bright Road between Sawmill Road and Emerald Parkway. An eastbound travel lane will be added east of Emerald Parkway that transitions into the new eastbound right turn lane at Sawmill Road. The dedicated eastbound left turn lane will remain. Left turn lanes are also included for business driveways along Bright Road. Sidewalks and shared used paths will be included in the project along both sides of Bright Road and along the west side of Sawmill Parkway. Landscaping and street lighting will also be added with the project. The Mount Carmel Health System main entrance will be located on Emerald Parkway south of Bright Road. A roundabout will be constructed to best accommodate the new entrance, as identified in the traffic impact study and the infrastructure agreement for the site. Shared used paths and street lighting will continue along both sides of Emerald Parkway. Landscaping is also included in the project. Summary The City engaged TranSystems as the acquisition agent for the Project. In that role, TranSystems 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 11 parcels. The City has been able to reach agreement with three owners: Steve Newcomb, the owner of three parcels in the Project area (including the parcels owned by SKS Bright Road, LLC and S&K Real Property, LLC), Villages at Inverness Residences and BRC II / Catholic Diocese. Per the infrastructure agreement, Mount Carmel Health Systems will donate the right-of-way and easements needed for the Project along the site frontages. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Ordinances 52-23 through 56-23 – Acquisition of Easements and Right-of-Way for the Bright Road Corridor Improvements and Emerald Parkway Mount Carmel Roundabout Projects (22-031-CIP) November 7, 2023 Page 2 of 3 Acquisitions A Good Faith Offer Letter, the appraisal report and associated information were provided to all property owners in June 2023. The property acquisitions are from five properties located within the Project area and consist of the following property interests from each of the named property owners below and as depicted in the exhibits attached: Property Owner(s) Parcel Number Property Interests Auditor Parcel ID Number(s) Cost Ordinance 52-23 SKS Bright Road, LLC (4025 Bright Road) 12-T 0.078-acre Temporary right of way easement 273-008609 $6,250 Ordinance 53-23 Stephen T. Newcomb (3985 Bright Road) 13-WD, 13-T 0.034-acre fee simple right-of-way 0.067-acre temporary right of way easement 273-008606 $18,950 Ordinance 54-23 S & K Real Property, LLC (38700 Bright Road) 14-WD1, 14-WD2, 14-SW, 14-T1, 14-T2, 14-T3 0.424-acre fee simple right-of-way 0.168-acre fee simple right-of-way 0.041-acre perpetual easement to construct and maintain sewer 0.087-acre temporary right of way easement 0.071-acre temporary right of way easement 0.013-acre temporary right of way easement 273-008619, 273-008676, 273-008660, 273-008680, 273-008681, 273-008619, 273-008405, 273-008761 $131,125 Ordinance 55-23 Village at Inverness Condominium Association (Southwest corner of Bright Road and Inverness Court) 16-WD, 16-GE, 16-T 0.106-acre fee simple right-of-way 0.074-acre general utility easement 0.145-acre temporary right of way easement Shared condominium ownership $180,175 Ordinance 56-23 BRC II LLC, and the Catholic Diocese of Columbus (Southwest corner of Bright Road and Emerald Parkway) 273- 008380- WD, U, T 0.247-acre Warranty Deed, with reservation of existing access rights 0.331-acre Perpetual Easement for Utilities 0.408-acre Temporary right of way easement 273-008380 $92,200 (plus mowing/ bush- hogging described below) SKS Bright Road, LLC: The property is located on the south side of Bright Road at 4025 Bright Road, Dublin, Ohio 43016. The City participated in good faith discussions with the owner, resulting Ordinances 52-23 through 56-23 – Acquisition of Easements and Right-of-Way for the Bright Road Corridor Improvements and Emerald Parkway Mount Carmel Roundabout Projects (22-031-CIP) November 7, 2023 Page 3 of 3 in mutually agreeable terms of acquisition of property interest for $6,250, which is equal to the fair market value estimate (FMVE). Steve T. Newcomb: The property is located on the south side of Bright Road at 3985 Bright Road, Dublin, Ohio 43016. The City participated in good faith discussions with the owner, resulting in mutually agreeable terms of acquisition of property interest for $18,950, which is equal to the FMVE. S&K Real Property, LLC: The property is located on the north side of Bright Road at 38700 Bright Road, Dublin, Ohio 43016. The City participated in good faith discussions with the owner, resulting in mutually agreeable terms of acquisition of property interest for $131,125, which is equal to the FMVE. Village at Inverness: The property is located on the south side of Bright Road west of Inverness Court in Dublin, Ohio. The City participated in good faith discussions with the owner, resulting in mutually agreeable terms of acquisition of property interest for $180,175, which is equal to the FMVE. BRC II LLC, and the Catholic Diocese of Columbus: The property is located on the south side of Bright Road west of Emerald Parkway in Dublin, Ohio. The City currently mows the perimeter of this parcel. For the duration of the 24-month temporary easement, the owners have requested that City also mow, or bush-hog, the parcel on a maintenance schedule. Mowing the parcel three times per year using Dublin’s contractor, CLMS, who already performs City mowing services in the area, is a total cost of $8,902, which is approximately 9.6 percent of the FMVE. The City participated in good faith discussions with the owner, resulting in mutually agreeable terms of acquisition of property interest for $92,200, which is equal to the FMVE. In addition, the City will provide the mowing service. 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 52-23 through 56-23 at the second reading/public hearing on November 27, 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. 28-T0.002 AC17-WD0.161 AC17-GE0.126 AC17-T0.245 AC18-WD0.156 AC18-GE0.048 AC18-T0.076 AC25-WD0.140 AC25-GE0.050 AC24-WD0.022 AC24-GE0.024 ACWD0.247 ACU0.331 ACT0.408 ACWD0.187 ACT0.036 ACT0.017 ACT0.047 ACGE0.034 AC12-T0.078 AC13-WD0.034 AC13-T0.067 AC10-WD0.008 AC10-T0.043 AC15-WD0.263 AC(0.081 AC PRO)15-T0.041 AC14-WD10.424 AC(0.121 AC PRO)14-T10.087 AC14-T30.013 AC14-SW0.041 AC14-WD20.168 AC14-T20.071 AC16-WD 0.106 AC 16-GE 0.074 AC16-T 0.145 ACBRCBRC II LLC, and the Catholic Diocese of Columbus15Mount CarmelHealth System12SKS BrightRoad, LLC10City of Dublin13Stephen T.Newcomb14S & K Real Property, LLC17Miller Investments Co28AGNL Exercise, LLC18The Village at Inverness Professional Office Condominium11City of Dublin16Village at Inverness Condominium2524Realty Income CorpLEGENDProposed Right-of-WayPermanent EasementTemporary EasementStorm Water Easement22-031-CIPBright Road Corridor Improvements and Emerald Parkway and Mount Carmel RoundaboutAuthorizing AcquisitionSubject Parcel EXHIBIT A Page 1 of 2 LPA RX 887 T Rev. 07/09 Ver. Date 04/10/2023 PID 3918E PARCEL 12-T BRIGHT ROAD CORRIDOR IMPROVEMENTS TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO CONSTRUCT A DRIVE AND COMPLETE GRADING FOR 24 MONTHS FROM DATE OF ENTRY BY THE "CITY OF DUBLIN, OHIO", FRANKLIN COUNTY, OHIO [Surveyor’s description of the premises follows] Situated in the State of Ohio, County of Franklin, City of Dublin, located in Lot 11, Quarter Township 2, Township 2, Range 19, United States Military Lands, being part of that 3.164 acre tract of land described in a deed to SKS Bright Road, LLC, of record in Instrument Number 202112290232965, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being a parcel on the right side of the centerline of right-of-way for Bright Road, as delineated on the centerline plat for Bright Road Corridor Improvements, of record in Plat Book _____, Page _____, said parcel being further bounded and described as follows: BEGINNING at the northwest corner of said 3.164 acre tract, being the northeast corner of that 2.000 acre tract of land described in a deed to City of Dublin, Ohio, of record in Instrument Number 201208170120708, and being on the existing south right-of-way line for Bright Road (R/W width varies), said point being 17.50 feet right of Bright Road centerline of right-of-way station 41+70.98; Thence North 87 degrees 47 minutes 54 seconds East, along the existing south right of way line for said Bright Road, along the north line of said 3.164 acre tract, a distance of 226.50 feet to the northeast corner of said 3.164 acre tract, being the northwest corner of that 2.828 acre tract of land described in a deed to Stephen T. Newcomb, of record in Instrument Number 202106230109303, said point being 39.44 feet right of Bright Road centerline of right-of-way station 43+93.76; Thence South 02 degrees 54 minutes 18 seconds West, along the east line of said 3.164 acre tract, along the west line of said 2.828 acre tract, a distance of 32.77 feet to a point, said point being 71.43 feet right of Bright Road centerline of right-of-way station 43+86.63; Thence across said 3.164 acre tract for the following six (6) described courses: 1. North 10 degrees 28 minutes 09 seconds West, a distance of 23.89 feet to a point, said point being 47.54 feet right of Bright Road centerline of right-of-way station 43+86.30; EXHIBIT A Page 2 of 2 LPA RX 887 T Rev. 07/09 2. South 87 degrees 47 minutes 54 seconds West, a distance of 130.05 feet to a point, said point being 30.64 feet right of Bright Road centerline of right-of-way station 42+57.35; 3. South 03 degrees 27 minutes 44 seconds East, a distance of 21.06 feet to a point, said point being 51.57 feet right of Bright Road centerline of right-of-way station 42+55.07; 4. South 78 degrees 27 minutes 28 seconds West, a distance of 39.98 feet to a point, said point being 54.04 feet right of Bright Road centerline of right-of-way station 42+22.09; 5. North 21 degrees 19 minutes 31 seconds West, a distance of 29.06 feet to a point, said point being 26.59 feet right of Bright Road centerline of right-of-way station 42+12.57; 6. South 74 degrees 06 minutes 26 seconds West, a distance of 44.71 feet to a point on the west line of said 3.164 acre tract, being on the east line of said 2.000 acre tract, said point being 37.17 feet right of Bright Road centerline of right-of-way station 41+69.13; Thence North 03 degrees 10 minutes 26 seconds East, along the west line of said 3.164 acre tract, along the east line of said 2.000 acre tract, a distance of 19.76 feet to the POINT OF BEGINNING for this description. The above described temporary easement contains a total area of 0.078 acres, all of which is located within Franklin County Auditor’s parcel number 273-008609. Bearings described hereon are based on the bearing of South 88 degrees 40 minutes 54 seconds East for the centerline of right-of-way for Bright Road between Franklin County Geodetic Survey monument numbers 6656 and 7739, based on Grid North, referenced to the Ohio State Plan Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as established utilizing a GPS survey and a NGS OPUS solution. The above described temporary easement was prepared under the direct supervision of Michael J. Ward, Registered Professional Surveyor No. 8808, on April 10, 2023, is based on an actual field survey performed by American Structurepoint, Inc., and is true and correct to the best of my knowledge and belief. American Structurepoint, Inc. ___________________________________ __________________ Michael J. Ward Date Registered Professional Surveyor No. 8808 PID: 273-008606 STEPHEN T. NEWCOMB I.N. 202106230109303 2.828 AC. 13 PID: 273-008609 SKS BRIGHT ROAD, LLC I.N. 202112290232965 3.164 AC. 12 PID: 273-008616 CITY OF DUBLIN, OHIO I.N. 201208170120708 2.000 AC. 10 S02°54'18"W 32.77'S87°47'54"W - 130.05'S78°27'28"W39.98' N03°10'26"E N87°47'54"E - 226.50' 19.76'S74°06'26"W44.71'0.078 AC. 21.06' S03°27'44"E 23.89' N10°28'09"W R/W BRI GHT RD.�BRI GHT RD. (VARI ABLE R/W - PUBLI C) 29.06' N21°19'31"W P.O.B. TEL 614.901.2235 FAX 614.901.2236 www.structurepoint.com 2550 CORPORATE EXCHANGE DR, STE 300 COLUMBUS, OH 43231 SCALE:1" = 40' DRAWN BY:SRC CHECKED BY:JBY DATE:04/10/2023 JOB #:2021.03400 1 OF 112-T 0.078 AC. EXHIBIT "B" IMPROVEMENTS CORRIDOR BRIGHT ROAD UNITED STATES MILITARY LANDS LOT 11, QUARTER TOWNSHIP 2, TOWNSHIP 2, RANGE 19, SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN,N(South Zone) and the North American Datum of 1983 (2011 Adjustment), as based on Grid North, referenced to the Ohio State Plane Coordinate System minutes 54 seconds East for the centerline of right-of-way of Bright Road Bearings described hereon are based on the bearing of South 88 degrees 40 BASIS OF BEARINGS: American Structurepoint, Inc. DateMichael J. Ward, P.S. No. 8808 ________________________________________________________________ correct to the best of my knowledge and belief. of the premises performed by American Structurepoint, Inc., and is true and 0 40 20 80