10-09 ResolutionRECORD OF RESOLUTIONS
Dayton legal Blank, Inc., Form No. 30045
10-09
Resolution No.
P~t.S~.s~e~ , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH COLUMBUS
AND FRANKLIN COUNTY METROPOLITAN PARK
DISTRICT AND UNION COUNTY FOR THE
INSTALLATION OF A BIKEPATH CONNECTION
WHEREAS, the City of Dublin Community Plan outlines strategies to promote
bicycle and pedestrian mobility in and through Dublin; and
WHEREAS, the Dublin bikepath system is an important part of the regional bikepath
network designed to provide alternative transportation modes; and
WHEREAS, the City of Dublin wishes to emphasize bikepath connectivity to
facilitate safe routes to regional Metro Parks; and
WHEREAS, the City of Dublin wishes to install a bikepath connection between the
City-owned bikepath and the Columbus and Franklin County Metropolitan Park
bikepath at the intersection of Hyland-Croy Road and Tullymore Drive consistent with
the Community Plan; and
WHEREAS, the City of Dublin has agreed to maintain certain portions of the
crossing including pavement markings and signage within the right-of--way for Union
County.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute an agreement with
Columbus and Franklin County Metropolitan Park District and Union County for a
bikepath connection, said connection to be located within Union County and
Columbus and Franklin County Metropolitan Park land located north of the
intersection of Hyland-Croy Road and Tullymore Drive.
Section 2. This resolution shall take effect and be in force from and after the earliest
date permitted by law.
Passed this l ~ day of /~/(L~.y'C'.~ , 2009.
. ~--~~
Mayor -Presiding Officer
Attest:
~ ~~~%~~,
Clerk of Council
CITY OF DUBLIN.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager ~/
Date: March 12, 2009 / O
Memo
Initiated By: Jean-Ellen M. Willis, P.E., Engineering Manager- Transportation
Caroline M. Wolter, P.E., Civil Engineer
Re: Resolution No. 10-09, Hyland-Croy Road and Tullymore Drive Bikepath
Connection Cooperative Agreement
Summary
The City has received requests from residents to connect the City-owned bikepath on the north side of
Tullymore Drive to the bikepath in the Glacier Ridge Metro Park at the intersection of Hyland-Croy
Road and Tullymore Drive. The connection will be constructed within the City of Dublin right-of--way
(Tullymore Drive), Union County right-of--way (Hyland-Croy Road), and the Columbus and Franklin
County Metropolitan Park District property as shown on Exhibit A. Engineering staff views this
location as a safe crossing since it is within the vicinity of an existing intersection.
Constructing the bikepath connection will promote bicycle and pedestrian mobility in and through
Dublin, as outlined in the City of Dublin's Community Plan. The bikepath connection to the Glacier
Ridge Metro Park bikepath network will provide a route for Dublin residents to the Metro Park and will
also encourage alternative transportation modes.
The City will construct and fund the bikepath connection and has agreed to maintain all pavement
markings, signage, and extended pavement associated with this project. When the crossing is installed,
the signage and visibility will be enhanced. The pavement, ramps, striping, and drainage work is
estimated to cost approximately $7,000 and is included in the 2009 Street Maintenance Program. The
cost for the motion-activated pedestrian crossing signage is expected to be approximately $20,000 and is
included in the 2009 Engineering operating budget. The City intends to install amotion-activated
blinker crossing system at this location.
Resolution 10-09 will authorizing the agreement (attached) with Union County and the Columbus and
Franklin County Metropolitan Park District will permit this project to be completed in a cooperative
manner by December 31, 2011.
Recommendation
Staff recommends Council approval of Resolution 10-09 authorizing and directing the City Manager to
enter into an agreement with Union County and the Columbus and Franklin County Metropolitan Park
District for the installation of this bikepath connection.
BIKE~tiAY CONNECTION AGREEMENT
This Bikeway Connection Agreement ("Agreement") is made and entered into as of this
day of , 2008 by and between the City of Dublin ("City") and the Columbus and
Franklin County Metropolitan Park District ("Metro Parks").
WHEREAS, the City desires to construct a bikeway connection from the westerntemunus of
the existing bikeway facility near the intersection of Hyland Croy Road and Tullymore Drive; and
WHEREAS, Metro Parks owns the property that the connection is to be built upon;
WHEREAS, City shall enter into an agreement with Union County ("Union") for use of
Union's right of way in City's construction of the bikeway connection; and
WHEREAS, both City and Metro Parks desire to enter into this Agreement to allow City to
construct the bikeway connection on Metro Parks' property as such an endeavor is mutually beneficial
to both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and
Metro Parks hereby covenant and agree as follows:
1. Scope of Agreement. The City of Dublin shall construct, at one hundred percent
(100%) ofthe total cost, the pedestrian bikeway connection fromthe westernterminus ofthe existing
bikeway facility near the intersection of Hyland Croy Road with Tullymore Drive, to the existing
bikeway facility located in the Glacier Ridge Metro Park as depicted in Exhibit A. All improvements
shall meet local, state and federal design guidelines.
2. Grant of Pernussion. Subject to the terms and conditions set forth inthis Agreement,
Metro Parks hereby grants to the City and its agents, contractors and assigns, permission to construct
the bikeway connection on Metro Parks' property as depicted on Exhibit A. Metro Parks further
grants permission to the City and its agents, contractors and assigns, vehicular passage to the work
site located on Metro Parks' property and depicted in Exhibit A.
3. Term. This Agreement shall commence on January 1, 2009 and shall remain in full
force and effect until midnight of December 31, 2011.
4. Maintenance. Metro Parks shall be solely responsible for maintenance ofthe bikeway
connection on property they own once construction has concluded.
5. Severability. The parties agree that if any portion of this Agreement proves to be
invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or
effect of any other portion of this Agreement unless it clearly appears that such other portion is
wholly or necessarily dependent for its operation upon the portion so held invalid or unconstitutional.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
CITY:
City of Dublin
METRO PARKS:
Columbus and Franklin County Metropolitan
Park District
By: By:
Its: Its:
Date: Date:
{H7324444.2 }
BIKEWAY CONNECTION AGREEMENT
This Bikeway Connection Agreement ("Agreement") is made and entered into as of this
day of , 2449 by and between the City of Dublin ("City") and the County of
Union ("Union County").
WHEREAS, City desu•es to construct a bikeway connection from the western terminus of
the existing bikeway facility near the intersection of Hyland Croy Road and Tullymore Drive;
WHEREAS, Union County owns the right-of--way easement that the connection is to be
built upon;
WHEREAS, City shall enter into an agreement with the Columbus and Franklin County
Metropolitan Park District ("District") for use of the District's land in City's construction of the
bikeway connection; and
WHEREAS, both City and Union County desire to enter into this Agreement to allow
City to construct bikeway connection on Union County's right-of--way as such an endeavor is
mutually beneficial to both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City
and Union County hereby covenant and agree as follows:
1. Scope of Agreement. City shall construct, at one hundred percent (144%) of the
total cost, the bikeway connection from the western terminus of the existing bikeway facility
near the intersection of Hyland Croy Road with Tullymore Drive, to the existing bikeway
facility located in the Glacier Ridge Metro Park as depicted in Exhibit A.
2. Grant of Permission. Subject to the terms and conditions set forth in this
Agreement, Union County hereby grants to the City and its agents, contractors and assigns,
permission to construct the bikeway connection on Union County's right-of--way as depicted on
Exhibit A. Prior to construction of the bikeway facility Union County shall have the opportunity
to review and approve the construction plans.
3. Term. This Agreement shall commence on January 1, 2449 and shall remain in
full force and effect until midnight of December 31, 2411 or until such time the road right-of-
way is annexed into the City, whichever comes first.
4. 1Llaintenance. City agrees to maintain all pavement markings, signage, and
extended pavement and associated culverts within the right-of--way associated with this project.
5. Severability. The parties agree that if any portion ofthis Agreement proves to be
invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or
effect of any other portion of this Agreement unless it clearly appears that such other portion is
wholly or necessarily dependent for its operation upon the portion so held invalid or
unconstitutional.
6. Indemnification. City shall indemnify and save harmless County, according to
applicable Ohio law and City policy, for all claims, expenses, damages and liabilities asserted
against County: (i) for mechanic's and materialman's liens and any costs and reasonable
attorney's fees incidental thereto related to the construction; (ii) on account of injury to or death
of any person or persons; or (iii) on account of damage to any property, in every instance caused
by, connected with, or any way attributable to the rights herein granted to the City.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
{H7329555.3 }
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date
and year first above written.
CITY:
City of Dublin
By:
Its:
Date:
UNION:
Union County
By:
By:
By:
Its: Board of County Commissioners
Date:
Approved as to Form:
Union County Prosecuting Attorney
Date:
{H7329555.3 }
CITY OF DUBLIN Proposed Pedestian / Bikepath
connection at Hyland-Croy Rd
PREPARED BY THE CITY OF DUBLIN,
ENGINEERING and Tullymore Dr
5800 Shier ll7nga Road • Dublin, Oleo 43016-1238 Exhibit A
Phone (814)410-4800 • Fax (814)781-8508
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