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Resolution 72-23RECORD OF RESOLUTIONS GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO, 30045 72-23 Resolution No. Passed , 20 INTENT TO APPROPRIATE A TEMPORARY RIGHT OF WAY EASEMENT FROM AGNL EXERCISE, LLC, FROM THE PROPERTY LOCATED AT 3825 HARD ROAD 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 (the “Project”); and WHEREAS, the Project requires that the City obtain the following property interests (“Property Interests”) from the parcel identified as Franklin County Parcel Number 273- 012153-00, owned by AGNL Exercise, LLC, a Delaware limited liability company (f.k.a. Moma Park, LLC, a Delaware limited liability company), as described in the attached Exhibit A and depicted in the attached Exhibit B: e 0.002-acre Temporary right of way easement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, ( of the elected members concurring that: Section 1. Council considers it necessary and declares its intention to appropriate, for the public purpose of performing construction work on the Project, which shall be open to the public without charge, the above referenced Property Interests from AGNL Exercise, LLC, a Delaware limited liability company (f.k.a. Moma Park, LLC, a Delaware limited liability company), as described in the attached Exhibit A and depicted in the attached Exhibit B: 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 _23— day of Cede bie , 2023. \ gf A Nex, Z | ME Mayor - Presiding Officer To: Members of Dublin City Council From: Megan D. O’Callaghan, P.E., City Manager Date: October 17, 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: Resolutions 72-23 through 75-23 – Intent to Appropriate Parcels 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. The attached map shows the improvements, including: • A second northbound left turn lane from Sawmill Road to Bright Road • A dedicated right turn lane from Bright Road to Sawmill Road • Additional eastbound and westbound travel lanes along Bright Road • Turn lanes for the Bright Road business driveways • Roundabout at Emerald Parkway and the Mount Carmel site entrance Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614-410-4490 Memo Resolutions 72-23 through 75-23 – Intent to Appropriate Parcels for the Bright Road Corridor Improvements and Emerald Parkway Mount Carmel Roundabout Projects (22-031-CIP) October 17, 2023 Page 2 of 3 Summary The City engaged TranSystems as the acquisition agent for this 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, 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. 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 Resolution 72-23 – Intent to Appropriate AGNL Exercise, LLC (3825 Hard Road) 28-T 0.002-acre Temporary right of way easement 273-012153 $300 Resolution 73-23 – Intent to Appropriate The Village at Inverness Professional Office Condominium (Two parcels located at the southwest corner of Bright Road and Sawmill Road) 18-WD, 18-GE, and 18-T 25-WD and 25-GE 0.156-acre Warranty Deed, with reservation of existing access rights 0.048-acre General Easement for highway purposes, with reservation of existing access rights 0.076-acre Temporary right of way easement 0.140-acre Warranty Deed, with reservation of existing access rights 0.050-acre General Easement for highway purposes, with reservation of existing access rights Shared condominium ownership $175,100 Resolution 74-23 – Intent to Appropriate Miller Investments, Co. (Northwest Corner of Bright Road and Sawmill Road) 17-WD, 17-GE, and 17-T 0.161-acre Warranty Deed, with reservation of existing access rights 0.126-acre General Easement for highway purposes, with reservation of existing access rights 0.245-acre Temporary right of way easement 273-009469 $202,200 Resolutions 72-23 through 75-23 – Intent to Appropriate Parcels for the Bright Road Corridor Improvements and Emerald Parkway Mount Carmel Roundabout Projects (22-031-CIP) October 17, 2023 Page 3 of 3 Property Owner(s) Parcel Number Property Interests Auditor Parcel ID Number(s) Appraised Value Resolution 75-23 – Intent to Appropriate Realty Income Corporation (7135 Sawmill Road) 24-WD and 24-GE 0.022-acre Warranty Deed, with reservation of existing access rights 0.024-acre General Easement for highway purposes, with reservation of existing access rights 273-008890 $21,250 The City is hopeful that an amicable resolution can be reached with the property owners; however, this Resolution begins the eminent domain process in the event that negotiations are unsuccessful. Recommendation Staff recommends approval of Resolutions 72-23 through 75-23 to allow the Project to remain on schedule and proceed to construction. CITY OF DUBLINCITY OF COLUMBUSPID: 273-012153 MOMA PARK LLC I.N. 201506150079295 28 EM ERALD PHASE 5B P.B. 110, PG. 47 LOT 3 P.O.B.0.002 AC.PID: 273-008405 S & K REAL PROPERTY, LLC I.N. 202006240090855 3.052 AC. 14 SAWMILL ROAD(R/W VARIES - PUBLIC)N89°50'42"W 7.53'S02°34'52"W - 19.23'N23°37'54"E - 20.95'SCALE:1" = 10' DRAWN BY:AHM CHECKED BY:JBY DATE:04/10/2023 JOB #:2021.03400 1 OF 1 28-T 0.002 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, (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 N 0 10 5 20 TEL 614.901.2235 FAX 614.901.2236 www.structurepoint.com 2550 CORPORATE EXCHANGE DR, STE 300 COLUMBUS, OH 43231 EXHIBIT A Page 1 of 2 LPA RX 887 T Rev. 07/09 Ver. Date 04/10/2023 PID 3918E PARCEL 28-T BRIGHT ROAD CORRIDOR IMPROVEMENTS TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO 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 Lot 3 of Emerald Phase 5B, of record in Plat Book 110, Page 47, said Lot 3 being described in a deed to Moma Park LLC, of record in Instrument Number 201506150079295, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being a parcel on the left side of the centerline of right-of-way for Sawmill 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 southeast corner of said Lot 3, being on the existing west right-of-way line for Sawmill Road (R/W width varies), and being on the north line of that 3.052 acre tract of land described in a deed to S & K Real Property, LLC, of record in Instrument Number 202006240090855, said point being 67.50 feet left of Sawmill Road centerline of right-of-way station 194+05.00; Thence North 89 degrees 50 minutes 42 seconds West, along the south line of said Lot 3, along the north line of said 3.052 acre tract, a distance of 7.53 feet to a point, said point being 75.02 feet left of Sawmill Road centerline of right-of-way station 194+04.68; Thence North 23 degrees 37 minutes 54 seconds East, across said Lot 3, a distance of 20.95 feet to a point on the existing west right-of-way line for said Sawmill Road, being on the east line for said Lot 3, said point being 67.50 feet left of Sawmill Road centerline of right-of-way station 194+24.23; Thence South 02 degrees 34 minutes 52 seconds West, along the existing west right-of-way line for said Sawmill Road, along the east line of said Lot 3, a distance of 19.23 feet to the POINT OF BEGINNING for this description. EXHIBIT A Page 2 of 2 LPA RX 887 T Rev. 07/09 The above described temporary easement contains a total area of 0.002 acres, all of which is located within Franklin County Auditor’s parcel number 273-012153. 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 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 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 RoundaboutIntent to Appropriate