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Home My WebLink About77-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, (nc. Form No. 30043 Ordinance No. 77-~6 Passed , 20 AN ORDINANCE TO APPROPRIATE A 3.449 ACRE, MORE OR LESS (PRESENT ROAD OCCUPIED), FEE SIMPLE INTEREST FROM LAWRENCE HALL AND HIS UNKNOWN HEIRS, LEGATEES AND DEVISEES, LOCATED WEST OF U.S. HIGHWAY 33 AND NORTH OF STATE ROUTE 161 (POST ROAD), TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, the City of Dublin is preparing to improve the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties; and WHEREAS, said improvement will require the City of Dublin to obtain a fee simple interest in and to the premises described in the attached Exhibit "A" located in the Township of Jerome, Union County, Ohio. NOW, THEREFQRE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~~ of the elected members concurring that: Section 1. Council considers it necessary to appropriate for the purpose of improving the U.S. Highway 33 and State Route 161 Interchange in Franklin and Union Counties a fee simple interest in and to the premises located in the Township of Jerome, Ohio, and more fully described in the legal description attached hereto as Exhibit "A". Section 2. Council hereby fixes the value of the interest appropriated at $300.00, which sum shall be deposited with the Union County Common Pleas Court for the use and benefit of the owners of the property appropriated as his interest may appear. Upon such deposit, the City of Dublin shall take possession of and enter upon the property pursuant to law. Section 3. Council finds that the appropriation is necessary for the stated purpose, that the City has been unable to agree with the owner of the property as to appropriate compensation, and that the City intends to obtain immediate possession of the property. Section 4. The City Law Director is directed to file a petition for appropriation in the Union County Common Pleas Court and to have a jury impaneled to assess the compensation to be paid for the real estate herein described above. Section 5. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the prompt improvement of the U.S. Highway 33 and State Route 161 interchange is necessary to progress traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this day of./yo~~.r~,.,,,(•L-C.~ , 2006. ~- Mayor -Presiding Officer ATTEST: ^ ~ ~ I hereby certify that copies of this (/~jJ _ _ _ Ordinance/Resolution were posted in the Clerk of COUnC I City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Dep Clerk of Council, Dublin, Ohio ~~SCHOTTENSTEIN ZOX& DU N N~o,~~~ MEMORANDUM TO: Dublin City Council Jane S. Brautigam Paul A. Hammersmith, PE, Director of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: November 13, 2006 RE: Ordinance No. 77-06 (Lawrence Hall Property) U.S. 33 and S.R. 161 Interchange Improvement Project PROJECT BACKGROUND: The City of Dublin and the Ohio Department of Transportation (ODOT) are working together to make improvements to the US 33/SR 161/Post Road interchange. In improving the interchange, the relocation of Industrial Parkway to the west is required. The physical location of Industrial Parkway lies on property that is currently encumbered by highway easements. This is also the case for property along the north side of SR 161. In order to create true road right-of--ways and to begin construction of the improvements, we believe that right-of--way acquisition of the encumbered properties is best. This would allow the current use of the property as roadway purposes to remain as such and clear title to the land. ACQUISITION INTRODUCTION: This project requires the acquisition of a 3.449 acre, more or less, (present road occupied) fee -.~~wSZDccn, simple interest from Lawrence Hall and his "unknown heirs". "Present road occupied" basically means that this property only contains an area in which the property owner (Mr. Hall) holds the Columbus underlying fee, but the land is currently encumbered by an existing highway easement. The cle~elar,a property is therefore currently used solely for roadway purposes. "Unknown heirs" in this Cincinnati context means that no rightful owner of the property can be found in the chain of title and a court ` action is required to clear title. Heirs and descendants are not synonymous in this circumstance. So even though descendants may have identified themselves, they are not necessarily the "heirs" to this particular property. This resolution permits us to file an action in court and the court will determine which descendants, if any, are heirs to this property. For compensation purposes, the State requires a minimum offer award amount of Three Hundred Dollars ($300.00). As a result, even if a rightful heir is identified by the court, any amount owned to that heir is nominal under the law. 250 West Street, Columbus, Ohio 43215-2538 ( P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ( Fax: 614-462-5135 C~SCHOTTENSTEIN ZOX& DU N Nco.,LPA ACTION TAKEN IN THIS CASE: A. Property Records Search After a due diligence search (title and probate records review) uncovered no heirs to this particular piece of property in the chain of title, it was determined (although not discussed in the previous memorandum) that holding a Council meeting where notice would be given and the appropriation would be addressed and open for public discussion, would give any possible descendants or heirs erroneously absent from the title search the forum to come forward. Two individuals, Mr. John Wirchainski and Ms. Evelyn Wirchainski, did attend the Council meeting and indicated they were Mr. Hall's descendants. Once these individuals came forward, a second title search was conducted. The results of this title search indicate that although these individuals may be the descendants of Mr. Hall, there is no documented transfer of title to these individuals. As discussed earlier, a court will ultimately make the decision as to whether these individuals have any interest in the property at issue. However, we have turned those names over to our Negotiator, James Howard, and he has been in contact with them. In addition, Mr. Wirchainski did attend the November 6, 2006 Council meeting and received notification of the passage of Resolution No. 70-06. B. Council Action Council considered and approved Resolution No. 70-06 indicating the City's intent to appropriate the above land on November 6, 2006. This resolution merely started the eminent domain process and further legislation is necessary to begin acquisition of the land. RECOMMENDATION: Legal Staff recommends passage of Ordinance No. 77-06 by emergency. ww~_SZ'J.com Columbus Cleveland Cincinnati 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 ORDINANCE 77-06 E70~YT A PARCEL 70-WD RELOCATED TNDUSTItIAL pARICWAY CITY OF DUBLIN, OHIO LAWRENCE HALL, HEIIZS AND ASSIGNS ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE, INCLUDING LIMITATION OF ACCESS PAGEIOF2 SITUATED IN THB STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6420 AND 6748, BEING A PART OF THE LANDS CONVEYED TO LAWRENCE HALL BY DEED OF RECORD IN DEED BOOK 166, PAGE 263, RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: BEGINNING FOR REFERENCE AT A RAII,ROAD SPIKB FOUND IN THfi CENTERLINE OF HYLAND - CROY ROAD, AT THE COMMON CORNER OF VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748; THENCE SOUTH 84°50'41" WEST, A DISTANCE OF 2309.19 FEET, ALONG THE COMMON LINE OF SAID VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748, TO AN IRON PIN SET TN THE NORTHEASTERLY LINE OF THE 4.653 ACRE TRACT ('fgACT_Il) .ONV .Y .nip ]OHI~I_ L WIRCHAINSKI HY DEED OF RECORD IN DEED BOOK 305, PAGE 88, HEING THE EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-0F-WAY LINE OF INDUSTRIAL PARKWAY AS DELINEATED UPON THE STATE OF OHIO RIGHT-OF-WAY PLAN UNI-33•{23.34-23.65), FRA-33-(0.00- 2.88), AS PARCEL NO. I (PERPETUAL HIGHWAY EASEMENT, ACCESS LIMITED), CONVEYED TO THE STATE OF OHIO BY COURT OF COMMON PLEAS CASE NO. 16765, CLERK OF COURTS OFFICE, UN10N COUNTY, OHIO; SAID IRON PIN BEING LOCATED NORTH 84°50'41" EAST, A DISTANCE OF 435.64 FEET FROM A STONE FOUND AT THE COMMON CORNER OF SAID 4.b53 ACRE TRACT Alv'D THE 5.000 ACRE TRACT CONVEYED 70 JEROME I ASSOCIATES, LTD, BY DEED OF RECORD IN OFFICIAL RECORD 144, PAGE 334; SAID IRON PIN BEWG THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 70-9VD; THENCE THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTHEASTERLY LINE OF TTiE 4.653 ACRE TRACT AND SAID EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-0F-WAY LINE OF INDUSTRIAL PARKWAY; 1. TIiENCE NORTH 28°55'50" WEST, A DISTANCE OF 44.95 FEET, TO AN IRON PIN SET; 2. T'I-IENCE NORTH 29°28'38" WEST, A DISTANCE OF U 5.88 FEET, TO AN IRON PIN SET; 3. THENCE NORTH Sl°13'43" WEST, A DISTANCE OF 26.69 FEET, TO AN IRON PIN SET ON A CURVE; 4. THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 6183.63 FEET, A CENTRAL ANGLE OF 02°19'18", AN ARC LENGTH OF 250.56, THE CHORD TO WHICH BEARS NORTH 30°29'40" WEST, A CHORD DISTANCE OF 250.55 FEET TO A POINT; SAID POINT BEING LOCATED NORTH 65°10'35" EAST, A DISTANCH OF 5.29 FEET FROM A CONCRBTERIGHT-OF-WAY MONUMENT FOUND; 5. TRENCH NORTH 26°x9'29" WEST, A DISTANCE OF 563.03 FEET, TO AN IRON PIN SET IN THE EASTERLY LINE OF LOT 1 OF THE AMENDED JEROME INDUSTRIAL PARK, OF RECORD IN PLAT BOOK 4, PAGE 72; THENCE NORTH OS°19'08" WEST, A DISTANCE OF 45.29 FEHT ALONG THE EASTERLY LINE OF SAID INDUSTRIAL PARK, TO A POINT IN THE CENTERLINE OF INDUSTRIAL PARKWAY AT THE COMMON CORNER OF SAID INDUSTRIAL PARK AND THE 3.675 ACRE TRACT CONVEYED TO RICHARD P. AND ALEXIS LOAN PRINCE BY DHED OF RECORA IN OFFICIAL RECORD 515, PAGE DOT; THENCE NORTH OS°16'20" WEST, A DISTANCfi OF 257.53 FEET ALONG THE EASTERLY LINE OF SAID 3.675 ACRE TRACT, TO AN IRON PIN SET IN THE SOUTHWESTERLY LINE OF THE 50.017 ACRE TRACT (TRACT n CONVEYED TO ]OHN L. WIRCHAINSKI BY DEED OF RECORD TN DEED BOOK 305, PAGE 88, BEING THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF EdDUSTRIAL PARKWAY; OTO/D00~ 2I33NI9N3 7I.LN[103 NOINII T9TC S99 GCB YVd TO: Ti Q3lb BOOZ/CT/60 ORDINANCE 77-06 PAGE 2 OF 2 ~ARCi;L 7awD RELOCATED INDUSTRIAL PARICWAX CiTX OI+ AU~I.IN, OHIO LAWRENCE NALL, HEIRS AND ASSIGNS ALL RIGHT, TITLE AND INTEREST IN k'EI; SIIKPLE, INCLUDING LIMITATION OF ACCESS THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG SAID SOUTHWESTERLY LING OF THE 50.017 ACRE TRACT AND THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT•OP-WAY LINE OF INDUSTRIAL PARKWAY; THENCE SOUTH 27°23'55" EAST, A DISTANCE OF 888.45 FEET, TO AN IRON PIN SET; 2. THENCE SOUTH 32°38'12" EAST, A DISTANCE OF 274.48 FEET, TO AN ANGLE POINT, AT THE NORTHERLY CORNER OF THE 0.398 ACRE TRACT (TRACT lin CONVEYED TO JOHN L. W IRCHAINSKI BY DEED OF RECORD IN DEED BOOK 305. PAGE 88; 3. THENCE SOUTH OS°38'22" W EST, A DISTANCE OF 81.89 FEET (PASSING AN IRON PIN FOUND AT A DISTANCE OF 14.17 FEET) ALONG 7'HE NORTHZVESTERLY LINE OF -- X1:398-A~RL~`PRACT; 1'D-RN-IRON-PIN~OUND~t7'-9`HE-tVESTERLY CORi4ER OF -- SAID 0.398 ACRE TRACT; THENCE SOUTH 37°16'09" EAST, A DTS'['ANCE OF 240.24 FEET ALONG THE SOUTHWESTERLY LINE OF SACD.039$ ACRE TRACT, TO AN IRON PTN SET JN THE NORTHEASTERLY LINE OF THE 2.42 ACRE TRACT CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OF RBCORD RJ DEED BOOK 318, PAGE 765, AT THE SOUTHERLY CORNER OF SAID 0.398 AGRE TRACT; THENCE NORTH ?4°46'33" WEST, A DISTANCE OF 117.26 FEET ALONG, !N PART, THE NORTHEASTERLY LINE OF THE 2.42 ACRE TRACT, TO A POINT IN THE COMMON LINE OF VIRGINIA MIIITARY SURVEY NUMBERS 6420 AND 6748; THENCE SOUTH 84°50'41" WEST, A DISTANCE OF 26.13 FEET ALONG SAID COMMON LH3E OF VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748, TO THE POiN'f OF TRUE BEGINNING OF THE HEREIN DESCRTBED PAIICBI, 70-WA, CONTAIMNG 3.449 ACRES, MORB OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 3.449 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 3.449 ACRES ARE CONTAINED WIT}IIN UMON COUNTY AUDITOR'S PARCEL I7-0031031. ,AND AS SHOWN ON UNION COUNTY GIS MAP NUMBER (46- 00-00-028.000. ALL IltON PINS SET ARE 3/4 INCHES [N DIAMETER BY 30 INCHES LONG, WITH A PLASTIC CAP STAMPED "RD. ZANDE". THE BEARINGS FOR THE RELOCATED INDUSTRIAL PARKWAY PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURER USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172°, "FCGS 5536°, AND "FCGS 5534". THIS DESCRIPTION WAS PREPARED MARCH 27, 2006 BY STEVEN E. RADER, REGISTERED SURVEYOR 7191, AND I5 BASED UPON A SURVEX FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURV1YOR GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 1G6, PAGE 263, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO. A DRAWING OP TH15 DESCRIPTION TS ATTACHED HERETO AND MADE PART THEREOF. ,"ppnvn„q.,,,. ,•''P~C~ ~~ Dye •-, R. D. ZANDE ANA ASSOCIATES, INC. • ', - • 0 - STEVEN _,* - RppER ~ ~ ' 7191 r O - REGISTERED SURVEYOR N0.7191 DATE zI•o~ __ •~~0 wp O~'.. ,1ST •~~~~. nu,.n„uu~, OTO/SOOC~j 2IHSNI9NS J;.LNf100 NOINII T9iC S1'9 LCB YY3 ZO~TT 03A1 BOOZ/Ci/80 ORDINANCE 77-06 `~~-\ LOT 2 4 ~~ ~\ I l \ J ~\ ,2 EXHI IT B RICHARD P. do NUMBER DELTA ANG. RADIUS RC LEN CHORD DIRECTION CHORD AlEKiS JOAN PRINCE C7 02'1918- 6183.83' 250.56' N 30x29'40" W 250.55' t 5-00390 t 1.000 3.675 AC. O.R. 515. PG. 001 E~ ~~ DRIYE ~~ p oa 0 oa ~ 3 W_ ~O> ~ + ~s aN oo ac KCB ~O W Y O =-~ 27 fYi j „~, Z oaf a W K 0. O !- Z N ~ a?a 27 1 15-0031018.400 ~ a 9~ 71 ~ 1 3~ 1 3 ~c3m ~~ , ~ ~~ J 3p ~ J n~o ~ O Qom N ~ .-ati ~~ ^~ ~A ~. \ ~~ r DETAIL N.T.S. 91 JOHN L. WIRCHAINSKI 17-OD31031001 ~0~01705 C~~RA_ ~T I) 65 x POINT OF TRUE BEGINNING 15-0031018.200 S 84'$0'41" W VMS 6420 _ 435 54' VMS 6748 72 THE ASI,IMI 72 LAND CO., LTD. 85 1 ~ 17-0031020. 018.300 NUMBER DIRECTION DISTANCE L1 N 28'55'50" W 94,95' L2 N 29'28'38' W 115.88' L3 N 51'13'43' W 26.69' L4 N 28'49 29' W 583.03' L5 N 05'19'08' W 98.29' L6 N 05'16'20" W 257.53" L7 S 2T23'S5' E 886.45' L8 5 32'38'12" E 274.48' L9 S 05'38'22' W 81.89' L10 S 3T t 6 09' E 240.24' L71 N 74'46'33" W 117.26' L12 S 84'50'41" W 26.13' L13 N 8S1D'35' E 5.29' 71115 PARCEL llE5 WITHIN ZONE ~f' OF THE '11861' COYYttN11Y PANEL Na 39oeDe o1sD e. wrrH AN FfFECTIVE OATS OF 9 91 '~i STAT OF 0 0 . uNl ~3-3.34-23.65) ~' c~ PARCEL 0 00-2.88) a COURT CASE 16765 U I~ Cj 3.449 ACRES GROSS) I -3.449 ACRES P.R.O.) 4 J 0.000 ACRES (NET) ~ ~ ' '~-,-PASSING I.P.F. BEGIN FOR AT 1a.17' REFERENCE w 91 ~ 17003103 .D01 0.396 AC. ~CT III) D.B. 305, PPG. 88 ' 2309.19' -/I ^__-- - ~-- ' ' ' S 84 a1 w ~ S0 \ JOHN L. W{RCHARJ SKI 17-0031031 001 ` 50.017 AC. TRAC D.B. 305. P 88 T I) \ ~f 91 75 3p ~~' DON G. NRCHELL \ 73 74 ~ Y~ICK~S K~AREt~il C. & EX RI: ~ r~ PETERS 16 ~ "''J^ ~ --~ ~ ~ $ ~ ~/ ~` ~. RIW _ ~ I. 316, PG. 785 0B ~ R/W ..._ ~~ ~# ~1~ \ ~ ~ JEROIAE I 610NUMENi F, ND O ~ ASSOCIATES, LTD. 15-0031018,200 p' R.R.S. FOUND PARCEL 7Q-111 5.000 ACRES O REBAR FOUND ~~` INDUSTRIAL PARKWAY O.R. 144, PG. 334 O IRON PIN FOUND ~ O R/W MONUMENT FOUND COUNTY OF UNION, Jb7tOML TITP., OfDO O LAWRENCE HAIL. 70 ®STONE FOUND V,3tS. 6420 ~ 6748 HEIRS do ASSIGNS 17-0031031 ~ 3/4' IRON PIN SET D 3oD '0D D.B. 166, PC. 263 THE BEARINGS FOR THE REIDGIFA 1NDUSTRVI PARKWAY PRQ,IEJCT ARE BASED UPON STALE PLANE GRID BFi1RNGS FitOY 111E W90 COORDINATE SYSTEM. SOUM ZOIC, NAD W (041, AS MEASURED tlSp10 G.PS. METHODS 711ROI1C11 THE FRANIO.IN COUNIY ENCO~EERS SiA110-tS 'FRANK 72', 1;1LWK 173'. 'iCGS 6514'. AND '}T:GS Sd31'. of SCAtE DJ FEET 6 al~E~.~o .~o. s~ a~ .~.+.~roe~x ~ '' RADER L~ aQ f6i70 Loly SAa+r Ar:, .S1uil~ 100 •r 7191 ve ~ 1+1 ~~8 Rsplle+ed Se+verP /7141 Dote OTOi0I0~ ?133NI9N3 bJ.N1100 NOINR T9TC Sf9 L£8 Y1+3 60~TT OSA1 900ZI£7;60