AN ORDINANCE

BY
NO
AUTHORIZING THE ACQUISITION OF FOUR (4) EASEMENTS IN CONNECTION WITH THE 2023 FAR HILLS STORM SEWER RECONSTRUCTION PROJECT, AND DECLARING AN EMERGENCY.

WHEREAS, Council has budgeted and appropriated funds in connection with a critically important infrastructure project known as the 2023 Far Hills Storm Sewer Reconstruction Project; and

WHEREAS, design work for the project has been underway since late 2022 and construction on the project is scheduled to commence in late spring or early summer 2023; and

WHEREAS, in connection with said project, the City must acquire four (4) separate easements, the legal descriptions of which are attached hereto as Exhibit A, and the general descriptions of which are as follows:

  • A permanent easement upon the real property owned by David E. Cail and Sandra J. Cail, known as 7 Dellwood Drive, Oakwood, Ohio 45419, having a total area of 710 square feet, more or less;
  • A permanent easement upon the real property owned by Nicholas Pierce and Megan M. Pierce, known as 9 Dellwood Drive, Oakwood, Ohio 45419, having a total area of 1,059 square feet, more or less;
  • A permanent easement upon the real property owned by Bruce L. Henninger, known as 1400 Devereux Drive, Oakwood, Ohio 45419, having a total area of 3,646 square feet, more or less;
  • A temporary construction easement upon the real property owned by Tami H. Kirby and Joseph L. Kirby, known as 1410 Devereux Drive, Oakwood, Ohio 45419, having a total area of 502 square feet, more or less; and

WHEREAS, City staff has engaged in discussions with the above-listed property owners for the acquisition of the necessary easements, and have negotiated the following purchase prices: $5,500 for the permanent easement upon 7 Dellwood Drive; $11,000 for the permanent easement upon 9 Dellwood Drive; $30,000 for the permanent easement upon 1400 Devereux Drive; and $850 for the temporary construction easement upon 1410 Devereux Drive, for a total easement acquisition cost of $47,350; and

WHEREAS, based on independent appraisals and the timeline for this project, Council finds that these are reasonable acquisition costs for the necessary easements, and are within the amounts budgeted and appropriated for this project; and

WHEREAS, Council further finds that acquiring these easements will benefit the public health, safety, and welfare, and wishes to authorize the same;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, THAT:

SECTION I:

The foregoing recitals are incorporated as if fully restated herein.

SECTION II:

The City Manager is hereby authorized to finalize written agreements for the acquisition of the four (4) easements described herein, and to acquire the same at the purchase prices set forth herein.

SECTION III:

Upon finalization of each easement and payment to the affected property owner(s), the City Attorney is hereby authorized and directed to file each easement with the appropriate Montgomery County offices, and to prepare and/or file such documents as may be necessary to finalize the