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HomeMy WebLinkAboutResolution 53-11RECORD OF RESOLUTIONS Inc.. Fonn No. 30W5 Resolution No. 53 -11 Passed A RESOLUTION ABANDONING CERTAIN PROPERTY APPROPRIATED FROM JOHN L. WIRCHANSKI. 20 WHEREAS, the City of Dublin ( "Dublin ") appropriated property from John L. Wirchanski ( "Wirchanski ") in furtherance of its U.S. Highway 33 and State Route 161 interchange improvement project (the "Project "); and WHEREAS, Dublin completed two phases of the Project, the relocation of Liggett Road and the relocation of Industrial Parkway, but has indefinitely postponed the construction of the 33/161 interchange, which is the third phase of the Project; and WHEREAS, Wirchanski has requested that Dublin acquire the property for an amount that far exceeds Dublin's appraised value for the property; and WHEREAS, because the third phase of the Project has been indefinitely postponed, Dublin has no current need for certain property appropriated from Wirchanski; and WHEREAS, by this Resolution, Dublin declares its intention to exercise its statutory right to abandon certain property appropriated from Wirchanski. NOW, THE FORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio of its elected members concurring, that: Section 1. Dublin, pursuant to Ohio Revised Code Section 163.21, hereby abandons those property interests set forth in survey attached hereto as Exhibit A, and depicted in its corresponding map attached hereto as Exhibit B. Section 2 . This resolution is effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this /U '-A day of 1 2011. Mayor - P es' 'ng Officer ATTEST: 4 Clerk of Council SZD MEMORANDUM TO Dublin City Council Marsha I. Grigsby, City Manager FROM Stephen J. Smith, Law Director Asim Z. Haque DATE: October 6, 2011 RE: Resolution No. 53 -11 Wirchanski Appropriation Abandonment of Property BACKGROUND On October 28, 2008, the City of Dublin (`City") commenced an appropriation lawsuit against John L. Wirchanski (`Wirchanski') in order to appropriate roughly 19.803 acres for the construction of an interchange improvement project at the intersection of SR 33 and SR 161 (the "33/161 Project "), which includes the relocation of Liggett Road, the relocation of Industrial Parkway, and the construction of the 33/161 interchange. The City completed the relocation of Liggett Road and Industrial Parkway, but later determined that it would not be constructing the 33/161 interchange as planned As a result, the City exercised its right, under the Ohio Revised Code, to abandon certain portions of the property appropriated from Wirchanski. Rather than risk the expenditure of millions in taxpayer dollars for property that the City does not currently need for a public purpose, as Wirchanski's appraised value of the property appropriated far exceeds the City's appraised value, the City invoked its statutory right to abandon much of the property appropriated from Wirchanski. The City and Wirchanski entered into a dispute wherein Wirchanski challenged the City's statutory right to abandon. Both the Union County Court of Common Pleas, as well as the Third District Court of Appeals, held that the City could not properly abandon property without first passing legislation expressing its intent to do so. As such, Resolution 53 -11 would authorize the City to abandon some of the acreage appropriated from Wirchanski. Specifically, the Resolution would seek to abandon the majority of what is known as Parcel 91 -WL in the 33/161 Project. Parcel 91 -WL, as appropriated, consisted of 13.407 acres. Dublin seeks to abandon approximately 11.449 acres of Parcel 91 -WL. The acreage that Dublin would abandon is set forth in the survey attached to this memorandum as Exhibit A, and as depicted in the map accompanying the survey which is attached to this memorandum as Exhibit B. ACTION TO BE AUTHORIZED BY RESOLUTION: Resolution No. 53 -11 would provide the City with the authority to abandon some of the acreage appropriated from Wirchanski. RECOMMENDATION: Staff recommends approval of Resolution No. 53 -11, as doing so would allow Dublin to abandon property that it does not currently need for the construction of the 33/161 interchange. 2 EXHIBIT A REMAINDER OF PARCEL 91. -WL UNI -33 -24.87 Situated in the State of Ohio, County of Union, Jerome Township, located in Virginia Military Survey No. 6420 and 6748, being a part of the original 50.017 acre tract (Tract I) conveyed to John L. Wirchainski by deed of record in Deed Book 305, Page 88, records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Being a parcel of land lying on the right side of the centerline of right -of -way and construction of U.S. Route 33, as established by a survey made by R.D. Zande & Associates, Inc., for the City of Dublin, and being located within the following described boundary points; Beginning for Reference at a railroad spike found in the centerline of Hyland -Croy Road, at the common corner of Virginia Military Survey Numbers 6420 and 6748; Thence South 84 deg. 50 min. 41 sec. West, a distance of 1943.41 feet, along the common line of said Virginia Military Survey Numbers 6420 and 6748, to an iron pin set in the proposed southwesterly limited access right -of -way line of U.S. Route 33, as delineated upon the UNI -33 -24.87 RW Plan prepared by R.D. Zande & Associates, Inc., for the City of Dublin; said point being located North 84 deg. 50 min. 41 sec. East a distance of 365.77 feet from an iron pin set in the common line of the 4.653 acre tract (Tract 11) conveyed to John L. Wirchainski by deed of record in Deed Book 305, Page 88 and the 1.52 acre tract conveyed to the Asman Land Co., Ltd., at the intersection of the existing southwesterly limited access right -of -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); said point being 807.25 feet right of centerline station 1319 +68.13, and being the Point of True Beginning of the herein described; Thence the following eight (8) courses and distances along said proposed southwesterly limited access right -of -way line and across said Tract I; 1. Thence North 00 deg. 57 min. 56 sec. East, a distance of 127.23 feet, to a point, being 760.00 feet right of centerline station 1318 +50.00; 2. Thence North 26 deg. 53 min. 26 sec. East, a distance of 148.66 feet, to a point, being 650.00 feet right of centerline station 1317 +50.00; I of4 PID 80748 PARCEL 91- WL -RMN PROJECT UNI -33 -24.87 Version Date 07i25/11 Situated in the State of Ohio, County of Union, Jerome Township, located in Virginia Military Survey No. 6420 and 6748, being a part of the original 50.017 acre tract (Tract I) conveyed to John L. Wirchainski by deed of record in Deed Book 305, Page 88, records of the Recorder's Office, Union County, Ohio, and being more particularly described as follows: Being a parcel of land lying on the right side of the centerline of right -of -way and construction of U.S. Route 33, as established by a survey made by R.D. Zande & Associates, Inc., for the City of Dublin, and being located within the following described boundary points; Beginning for Reference at a railroad spike found in the centerline of Hyland -Croy Road, at the common corner of Virginia Military Survey Numbers 6420 and 6748; Thence South 84 deg. 50 min. 41 sec. West, a distance of 1943.41 feet, along the common line of said Virginia Military Survey Numbers 6420 and 6748, to an iron pin set in the proposed southwesterly limited access right -of -way line of U.S. Route 33, as delineated upon the UNI -33 -24.87 RW Plan prepared by R.D. Zande & Associates, Inc., for the City of Dublin; said point being located North 84 deg. 50 min. 41 sec. East a distance of 365.77 feet from an iron pin set in the common line of the 4.653 acre tract (Tract 11) conveyed to John L. Wirchainski by deed of record in Deed Book 305, Page 88 and the 1.52 acre tract conveyed to the Asman Land Co., Ltd., at the intersection of the existing southwesterly limited access right -of -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); said point being 807.25 feet right of centerline station 1319 +68.13, and being the Point of True Beginning of the herein described; Thence the following eight (8) courses and distances along said proposed southwesterly limited access right -of -way line and across said Tract I; 1. Thence North 00 deg. 57 min. 56 sec. East, a distance of 127.23 feet, to a point, being 760.00 feet right of centerline station 1318 +50.00; 2. Thence North 26 deg. 53 min. 26 sec. East, a distance of 148.66 feet, to a point, being 650.00 feet right of centerline station 1317 +50.00; EXHIBIT A PID 80748 PARCEL 91- WL -RMN PROJECT UNI -33 -24.87 Version Date 07/25/11 3. Thence North 38 deg. 12 min. 02 sec. East, a distance of 291.55 feet, to a point, being 400.00 feet right of centerline station 1316 +00.00; 4. Thence North 24 deg. 09 min. 51 sec. East, a distance of 183.85 feet, to a point, being 270.00 feet right of centerline station 1314 +70.00; 5. Thence North 02 deg. 47 min. 37 sec. East, a distance of 174.64 feet, to a point, being 200.00 feet right of centerline station 1313 +10.00; 6. Thence North 10 deg. 12 min. 58 sec. West, a distance of 162.79 feet, to a point, being 170.00 feet right of centerline station 1311 +50.00; 7. Thence North 18 deg. 32 min. 43 sec. West, a distance of 250.20 feet, to a point in the southwesterly line of an existing channel easement, being 160.00 feet right of centerline station 1309 +00.00; 8. Thence North 20 deg. 50 min. 09 sec. West, a distance of 717.99 feet along said southwesterly line of the existing channel easement, to an iron pin set in the existing centerline of Weldon Road and the northerly line of said Tract I, being 160.00 feet right of centerline station 1301 +82.01; Thence North 84 deg. 54 min. 16 sec. East, a distance of 54.02 feet along the existing centerline of Weldon Road and the northerly line of said Tract I, to an iron pin found in the existing southwesterly limited access right -of -way line of U.S. Route 33, at the northerly corner of said Tract I, being 108.00 feet right of centerline station 1301 +96.66; Thence the following five (5) courses and distances along said existing southwesterly limited access right -of -way lines of U.S. Route 33 and the northeasterly line of said Tract 1; 1. Thence South 20 deg. 50 min. 09 sec. East, a distance of 839.82 feet to an angle point, being 108.00 feet right of centerline station 1310 +36.48; 2. Thence South 13 deg. 59 min. 41 sec. East, a distance of 83.93 feet to an angle point, being 118.00 feet right of centerline station 1311+19.8 1; 3. Thence South 20 deg. 50 min. 09 sec. East, a distance of 280.19 feet to a point of curvature, being 118.00 feet right of centerline station 1314 +00.00; 2 of 3. Thence North 38 deg. 12 min. 02 sec. East, a distance of 291.55 feet, to a point, being 400.00 feet right of centerline station 1316 +00.00; 4. Thence North 24 deg. 09 min. 51 sec. East, a distance of 183.85 feet, to a point, being 270.00 feet right of centerline station 1314 +70.00; 5. Thence North 02 deg. 47 min. 37 sec. East, a distance of 174.64 feet, to a point, being 200.00 feet right of centerline station 1313 +10.00; 6. Thence North 10 deg. 12 min. 58 sec. West, a distance of 162.79 feet, to a point, being 170.00 feet right of centerline station 1311 +50.00; 7. Thence North 18 deg. 32 min. 43 sec. West, a distance of 250.20 feet, to a point in the southwesterly line of an existing channel easement, being 160.00 feet right of centerline station 1309 +00.00; 8. Thence North 20 deg. 50 min. 09 sec. West, a distance of 717.99 feet along said southwesterly line of the existing channel easement, to an iron pin set in the existing centerline of Weldon Road and the northerly line of said Tract I, being 160.00 feet right of centerline station 1301 +82.01; Thence North 84 deg. 54 min. 16 sec. East, a distance of 54.02 feet along the existing centerline of Weldon Road and the northerly line of said Tract I, to an iron pin found in the existing southwesterly limited access right -of -way line of U.S. Route 33, at the northerly corner of said Tract I, being 108.00 feet right of centerline station 1301 +96.66; Thence the following five (5) courses and distances along said existing southwesterly limited access right -of -way lines of U.S. Route 33 and the northeasterly line of said Tract 1; 1. Thence South 20 deg. 50 min. 09 sec. East, a distance of 839.82 feet to an angle point, being 108.00 feet right of centerline station 1310 +36.48; 2. Thence South 13 deg. 59 min. 41 sec. East, a distance of 83.93 feet to an angle point, being 118.00 feet right of centerline station 1311+19.8 1; 3. Thence South 20 deg. 50 min. 09 sec. East, a distance of 280.19 feet to a point of curvature, being 118.00 feet right of centerline station 1314 +00.00; EXHIBIT A 4. Thence with a curve to the right having a radius of 3767.72 feet, a central angle of 12 deg. 58 min. 28 sec., an arc length of 853.19 feet, the chord to which bears South 14 deg. 20 min. 55 sec. East, a chord distance of 851.37 feet to a point of tangency, being 214.19 feet right of centerline station 1322 +45.92; 5. Thence South 07 deg. 51 min. 41 sec. East, a distance of 138.94 feet to an iron pin set, being 245.38 feet right of centerline station 1323 +81.32; Thence the following two (2) courses and distances across said Tract l; 1. Thence South 82 deg. 08 min. 19 sec. West, a distance of 200.00 feet to an iron pin set; 2. Thence South 15 deg. 13 min. 27 sec. West, a distance of 36.57 feet to an iron pin set in the existing northerly right -of -way line of State Route 161 as established by deed to the State of Ohio in Deed Book 227, Page 32, (being the northerly line of lands owned by Adria Laboratories, Inc., by deed of record in Deed Book 285, Page 3 8), Thence North 74 deg. 46 min. 33 sec. West, a distance of 77.66 feet along the existing northerly right -of -way line of State Route 161, being the common line of said Tract I and said Adria Laboratories, Inc., lands, to an iron pin set at the common corner the 2.42 acre tract conveyed to John L. Wirchainski by deed of record in Deed Book 318, Page 765 and said Adria Laboratories, Inc., lands; Thence continuing North 74 deg. 46 min. 33 sec. West, a distance of 405.73 feet along the common line of said Tract I and said 2.42 acre tract, to an iron pin set in said proposed southwesterly limited access right -of -way line; Thence North 00 deg. 57 min. 56 sec. East, a distance of 122.04 feet across said Tract I and along said proposed southwesterly limited access right -of -way line, to the Point of True Beginning, containing 11.449 acres, more or less, of which the present road occupies 0.025 acres, more or less. 3 of PID 80748 PARCEL 91- WL -RMN PROJECT UNl -33 -24.87 Version Date 07/25/11 4. Thence with a curve to the right having a radius of 3767.72 feet, a central angle of 12 deg. 58 min. 28 sec., an arc length of 853.19 feet, the chord to which bears South 14 deg. 20 min. 55 sec. East, a chord distance of 851.37 feet to a point of tangency, being 214.19 feet right of centerline station 1322 +45.92; 5. Thence South 07 deg. 51 min. 41 sec. East, a distance of 138.94 feet to an iron pin set, being 245.38 feet right of centerline station 1323 +81.32; Thence the following two (2) courses and distances across said Tract l; 1. Thence South 82 deg. 08 min. 19 sec. West, a distance of 200.00 feet to an iron pin set; 2. Thence South 15 deg. 13 min. 27 sec. West, a distance of 36.57 feet to an iron pin set in the existing northerly right -of -way line of State Route 161 as established by deed to the State of Ohio in Deed Book 227, Page 32, (being the northerly line of lands owned by Adria Laboratories, Inc., by deed of record in Deed Book 285, Page 3 8), Thence North 74 deg. 46 min. 33 sec. West, a distance of 77.66 feet along the existing northerly right -of -way line of State Route 161, being the common line of said Tract I and said Adria Laboratories, Inc., lands, to an iron pin set at the common corner the 2.42 acre tract conveyed to John L. Wirchainski by deed of record in Deed Book 318, Page 765 and said Adria Laboratories, Inc., lands; Thence continuing North 74 deg. 46 min. 33 sec. West, a distance of 405.73 feet along the common line of said Tract I and said 2.42 acre tract, to an iron pin set in said proposed southwesterly limited access right -of -way line; Thence North 00 deg. 57 min. 56 sec. East, a distance of 122.04 feet across said Tract I and along said proposed southwesterly limited access right -of -way line, to the Point of True Beginning, containing 11.449 acres, more or less, of which the present road occupies 0.025 acres, more or less. F.XHIRIT A Of the above described area, 11.449 acres are contained within Union County Auditor's Parcel 17-003103 1.001, and as shown on Union County GIS Map Number 146- 00 -00- 028.000. All iron pins set are 3/4 inches in diameter by 30 inches long with an aluminum cap, bearing the name ODOT R/W and R.D. Zande & Associates, or with a yellow plastic cap bearing the name STANTEC. All station and offset references are to the aforementioned centerline of right -of -way and construction of U.S. Route 33, unless otherwise shown. The bearings for the UNI -33 -24.87 project are based upon State Plane grid bearings from the Ohio Coordinate System, South Zone, NAD 83 (86), as measured using GPS methods through the Franklin County Engineer's stations "FRANK 72 ", "FRANK 172 " , "FCGS 5536 ", and "FCGS 5534 ". This description was prepared by Steven E. Rader, Registered Surveyor 7191, and is based upon a survey for the City of Dublin from October, 2005 to July, 2011 by Stantec Consulting Services, Inc. (formerly R. D. Zande and Associates, Inc.), under the direction of said surveyor. Grantor claims title by the instrument of record in Deed Book 305, Page 88, of the Recorder's Office, Union County, Ohio. A drawing of this description is attached hereto and made part thereof. OF 0 4 of 4 PID 80748 PARCEL 91- WL -RMN PROJECT UNI -33 -24.87 Version Date 07/25/11 Of the above described area, 11.449 acres are contained within Union County Auditor's Parcel 17-003103 1.001, and as shown on Union County GIS Map Number 146- 00 -00- 028.000. All iron pins set are 3/4 inches in diameter by 30 inches long with an aluminum cap, bearing the name ODOT R/W and R.D. Zande & Associates, or with a yellow plastic cap bearing the name STANTEC. All station and offset references are to the aforementioned centerline of right -of -way and construction of U.S. Route 33, unless otherwise shown. The bearings for the UNI -33 -24.87 project are based upon State Plane grid bearings from the Ohio Coordinate System, South Zone, NAD 83 (86), as measured using GPS methods through the Franklin County Engineer's stations "FRANK 72 ", "FRANK 172 " , "FCGS 5536 ", and "FCGS 5534 ". This description was prepared by Steven E. Rader, Registered Surveyor 7191, and is based upon a survey for the City of Dublin from October, 2005 to July, 2011 by Stantec Consulting Services, Inc. (formerly R. D. Zande and Associates, Inc.), under the direction of said surveyor. Grantor claims title by the instrument of record in Deed Book 305, Page 88, of the Recorder's Office, Union County, Ohio. A drawing of this description is attached hereto and made part thereof. OF 0 STANTEC CONSULTING SERVICES, INC. (formerly R. D. Zande and Associates, Inc.) STEVEN • 7C e E. w — • FADER /��- /•' �'l •. 7191 .' • '•.P p ; •• p� : Registered Surveyor No. 7191 Date L9 \ EXHIBIT B —C e WELDON RD. T. R. 4 —� — � — — Ex - ff r - / a 1943.41 — '� S 84'50'41" W 11.449 AC. (GROSS) —0.025 AC. P.R.O.) 11.424 AC. (NET) —2.323 AC. (Ex. CH. ESMT.) 8 JOHN L. WIRCHAINSKI 91 17- 0031031.001 50.017 AC. ((TRACT 1) D.B. 305, PG. 88 r� BB \ 1 SEE DETAIL 71 � 36 .5.77' 72 AA \ <* p 75 "T\ 6969 INDUSTRIAL PARKWAY, LLC 6X R��i � R; 16 Ex, R /W 1:) NUMBER \ DISTANCE O N 0957'56" E 127.23' L2 v` 148.66' 4 -+ N 38' 12'02' E 1 Uv \ / °� i 0 L5 N 02'47'37" E 174.64' j 0C N 10' 12'58" W / rn N 18'32'43" W 0 NUMBER DIRECTION DISTANCE L1 N 0957'56" E 127.23' L2 N 26'53'26" E 148.66' L3 N 38' 12'02' E 291.55' L4 N 24'09'51 " E 183.85' L5 N 02'47'37" E 174.64' L6 N 10' 12'58" W 162.79' L7 N 18'32'43" W 250.20' L8 N 20'50'09" W 717.99' L9 N 84'54'16" E 54.02' L10 S 20'50'09" E 839.82' L11 S 13'59'41" E 83.93' L12 S 20'50'09" E 280.19' L20 S 07'51'41" E 138.94' L21 S 1513'27" W 36.57' L22 S 82'08' 19" W 200.00' L23 N 74'46'33" W 405.73' L24 N 74'46'33" W 77.66' L25 N 00'57'56" E 122.04' r �' r IRON PINS SET ARE 3 / 4" DIAMETER BY G 30" LONG WITH AN ALUMINUM CAP, / 0 BEARING THE NAME "ODOT 0.481 ACRE O o. O R/W RELEASE OR A YELIOW D.B. 295, PG. 467 / N R te' 0.398 ACRE \ R/W RELEASE / W D.B. 295, PG. 556 Ln \ NOW KNOWN AS OLD INDUSTRIAL PARKWAY Va BE / RE REMAINDER / S OF PARCEL 91 -WL M g /i , - - - -- 194 -- �'/ S 84'50'41" 1 k 3,t 8• P f 5 r' / IRON PINS SET ARE 3 / 4" DIAMETER BY 30" LONG WITH AN ALUMINUM CAP, O j ; i��� j BEARING THE NAME "ODOT 91 - / R/W AND R.D. WL2 91- WLI N ZANDE do ASSOC.' OR A YELIOW fX PLASTIC CAP R te' STAMPED "STANTEC" Ex of Cj I Ci J L U X W Ex. C L LA R/W STA MONUMENT LEGEND HIcHW OF OHl AY -SM0 0 R.R.S. FOUND \ E Tw ? ?�' ft. 3 0 REBAR FOUND C , ` �y OF p \� 0 IRON PIN FOUND Q R/W MONUMENT FD • 3/4" IRON PIN SET x R.R.S. SET NUMBER DELTA ANG. IRADIUS JARC LEN CHORD DIRECTION ICHORD REMAINDER OF PARCEL 91-WL T C1 12'58'28" 13767.72 853.19' IS 14'20'55" E 851.37' UNI -33 -24.87 O N 71 106 JOHN L. WIRCHAINSKI ADRIA LABORATORIES, INC. O 4.653 ACRES D.B. 285, PG. 38 Y D.B. 305, PG. 88 THIS PARCEL LIES WITHIN c QD THE ASMAN ZONE "x" OF THE 'FIRM" ` LAND CO., LTD. COMMUNITY PANEL NO. 1.52 ACRES 390808 0150 B. WITH AN e OR 140, PG. 157 EFFECTIVE DATE OF 9/27/91 �d'�� p;' •• "' O ti N BASIS OF BEARINGS ; RA i THE BEARINGS FOR THE UNI - 33 - 24.87 PROJECT ARE BASED UPON ( a! RAOER . STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, c t y 7191 ' ° o SOUTH ZONE. NAD 83 (86), AS MEASURED USING G.P.S. METHODS �' � F16 .41 c THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72', {FJ'S'••: s t E . JP ��d 'FRANK 172', *FCGS 5536', AND 'FCGS 5534'. w ON AL • I'' „ COUNTY OF UNION, JEROME TWP., OHIO VIRGINIA MILITARY SURVEY 6748 k 6420 0 250 500 SCALE IN FEET Prepared By L Stantec Consulting Services, Inc. (formerly R.D. Zande do Associates, Inc.) / 1500 Lake Shore Drive, Suite 100 Columbus, Ohio 43204 Phone: (814) 486 -4383 � Ait�s,c� - ?lrSll R eg i ste r ed Surveyor #7191 Dote