The URL can be used to link to this page

Home My WebLink About62-08 OrdinanceRECORD OF ORDINANCES Ot~ditaance Nn. 62-08 Passed , 20 AN ORDINANCE APPROPRIATING THE FOLLOWING FROM JOHN L. WIRCHANSKI: A 4.651 ACRES, MORE OR LESS, FEE SIMPLE INTEREST LOCATED ON THE SOUTH CORNER OF MEMORIAL DRIVE, NORTHWEST OF THE U.S. 33/S.R. 161 INTERCHANGE, TOWNSHIP OF JEROME, COUNTY OF UNION, STATE OF OHIO; A 13.115 ACRES, MORE OR LESS, FEE SIMPLE INTEREST LOCATED AT THE NORTHEAST INTERSECTION OF INDUSTRIAL PARKWAY AND S.R. 161, TOWNSHIP OF JEROME, COUNTY OF UNI01\T, STATE OF OHIO; A 1.740 ACRES, MORE OR LESS, FEE SIMPLE INTEREST LOCATED ON THE WEST SIDE OF HYLAND-CROY ROAD, NORTH OF THE POST ROAD/U.S. 33 INTERCHANGE, 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", Exhibit "B", and Exhibit "C" located in the Township of Jerome, County of Union, State of Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, ~ of the elected members concurring that: Section 1. A fee simple interest in and to the premises owned by John L. Wirchanski located in the Township of Jerome, County of Union, State of Ohio, and more fully described in the legal descriptions attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C" is hereby appropriated for the public purpose of improving the US 33/SR 161/Post Road interchange, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio. Section 2. Council hereby fixes the value of the interest appropriated at six million eight hundred eighty-one thousand one hundred twenty-eight dollars ($6,881,128) which sum shall be deposited with the Union County Court of Common Pleas, for the use and benefit of the owners of the property appropriated as their interests 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 Court of Common Pleas, 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 US 33/SR 161/Post Road interchange is necessary to improve traffic circulation and relieve traffic congestion for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect. Passed this f--B-~-- day of , 2008. Mayor -Presiding Officer ATTEST: ~.~YL/k- Clerk of Council ~SCHOTTENSTEIN ZOX & D U N N ~o.,~P~ MEMORANDUM TO: Dublin City Council Jane S. Brautigam, City Manager Paul A. Hammersmith, PE, Director ofEngineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: August 12, 2008 RE: Ordinance No. 62-08 Appropriation -John L. Wirchanski Property U.S. Highway 33 and State Route 161 Interchange Improvement Project INTRODUCTION: This Ordinance is a follow-up to the Resolution passed by Council regarding this same property at the August 4, 2008 meeting. By way of background, the Resolution authorized the City to pursue all the necessary legal requirements to review the possible appropriation of property owned by John L. Wirchanski. The purpose of this Ordinance is to authorize the Law Department to pursue an eminent domain action in the appropriate Court of Common Pleas if, through good faith negotiations, the City cannot settle with the landowner. 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. The current "tight diamond" configuration will be changed to a "Parclo A" configuration. This change means that loop ramps will be introduced to eliminate the need for left turns from the arterial road (i.e. S.R. 161 /Post Road) onto the freeway (U.S. 33). This project requires the acquisition of either a "partial take" (the purchase of a portion of the parcel for right-of--way) or a "total take" (the purchase of the entire parcel) from multiple property owners along this interchange. ACQUISITION INTRODUCTION: This memorandum discusses land acquisition from John L. Wirchanski consisting of three fee simple interests. The first is a 4.651 acres, more or less, fee simple interest located on the south corner of Memorial Drive, northwest of the U.S. 33/S.R. 161 Interchange, Township of Jerome, County of Union, State of Ohio. The second is a 13.115 acres, more or less, fee simple interest located at the northeast intersection of Industrial Parkway and S.R. 161, Township of Jerome, County of Union, State of Ohio. The third is a 1.740 acres, more or less, fee simple interest Memo to Com3cil re Ord. 62-08 -Land Approp. -Wirchanski Property August 14, 2008 Page 2 of 2 located on the west side of Hyland-Croy Road, north of the Post Road/U.S. 33 interchange, Township of Jerome, County of Union, State of Ohio. ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowner to inform the landowner of the upcoming construction and effect of the interchange improvement to the property. A title search was conducted and the appraisal for this property is complete. The appraiser determined the fair market value of the property as six million eight hundred eighty- one thousand one hundred twenty-eight dollars ($6,881,128). The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowner. Mr. Howard has presented the offer of compensation to Mr. Wirchanski. To date, the offer has not been accepted. As such, this Ordinance was prepared to authorize the City, through Che Law Department, to allow for litigation in which the compensation to the landowner will be determined should settlement not be forthcoming. RECOMMENDATION: The Law Department recommends approval of Ordinance No. 62-08. ww.SZD.com Columbus Cleveland Cincinnati {Ht303635.t J 250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135 EXHIBIT y [/~. Page I of? RX?50 $ T1 PID 80748 Rev. 09/06 $ / 1 PARCEL 71-WD C'fY-R'I'f>SEC Uh'I-Ibl-12.96 Version Dale 01/09/08 PARCEL 71-WD UNI-161-12.98 ALL RICHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY WITHOUT LIMITATION OF EXISTING ACCESS OF RIGFITS Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter). (Surveyor's description of [he premises follows) SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6420, BEING ALL OF THE 4.653 ACRE TRACT (TRACT 11) CONVEYED TO JOHN L. WIRC}IAINSKI BY DEED OF RECORD IN DEED BOOK 305, PAGE 88, RECORDS OP THE RECORDER'S OFFICE, UNION COUNTY, OI-110, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF HYLAND - CROP ROAD, AT T}IE COMMON CORNER OF VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748; THENCE SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 2309.19 FEET, ALONG THE COMMON L[NE OF SAID VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748, TO AN IRON PIN SET IN THE EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY AS DHLINEATED UPON THE STATE OF OHIO RIGHT-OF-WAY PLAN UNI-33-(23.34-23.65), FRA-33-(0.00-2.88), AS PARCEL NO. t (PERPETUAL HIGHWAY F,ASEMENT, ACCESS LIMITED), CONVEYED TO THE STATE OF OHIO BY COURT OF COMMON PLEAS CASE NO. 16765, CLERK OF COURTS OFFICE, UNION COUNTY, OHIO, AT THE INTERSECTION OF THE NORTHERLY LINE OF TFIE 1.52 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD. BY DEED OF RECORD IN OFFICIAL RECORD t40, PAGE 157, AND AT THE SOUTHEASTERLY CORNER OF SAID TRACT It; SAID IRON PIN BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 71-W D; THENCE SOUTH 84 DEG. SO MIN. 41 SEC. WEST', A DISTANCE OF 435.64 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT II AND THE NORTHERLY LINE OF SAID 1.52 ACRE TRACT AND THE 1.124 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD. BY DEED OF RECORD IN OFFICIAL RECORD 140, PAGE 154, TO STONE FOUND AT THE COMMON CORNER OF SAID TRACT II AND THE 5.000 ACRE TRACT CONVEYED TO JEROME 1 ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL RECORD 144, PAGE 334; THENCE NORTH OS DEG. 20 MIN. I4 SEC. WEST, A DISTANCE OF 399.99 FEET ALONG THE WESTERLY LINE OF SAID TRACT ft AND T}1E EASTERLY LINE OF SAID JEROMF- t ASSOCIATES, LTD. 5.000 ACRE TRACT AND THE 5.000 ACRE TRACT CONVEYED "FO RONALD E. AND GLORIA I. DEWOLF BY DEED OF RECORD M OFFICIAL RECORD IN 144, PAGE 336, TO A REBAR FOUND AT THE COMMON CORNER OF SAID DEWOLF 5.000 ACRE TRACT AND I.OT I OF THE AMENDED JEROME INDUSTRIAL PARK OF RECORD IN PLAT BOOK 4, PAGE 72, AS CONVEYED TO RONALD E. AND GLORIA f. DEWOLF BY DEED OF RECORD IN DEED BOOK 279, PAGE 42; THENCE NORTH OS DEG. 19 MIN. 08 SEC. WEST, A DISTANCE OF 553.13 FEET ALONG THE COMMON LINE OF SAID TRACT II AND SAID LOT I, TO AN IRON PIN SET IN SAID EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY, AT THE NORTHERLY CORNER OF SAID TRACT II, BEING 40.00 FEET SOUTHWESTERLY OF, AS MEASURED BY RIGHT ANGLES, THE EXISTING CENTERLINE OF INDUSTRIAL PARKWAY; EXHIBIT A Page z of 2 RX?60 PID 80748 Rev. 09/06 PARCEL 71-WD CfY~RTESGC UKI-161~129R Version Dale 01!09.08 THENCE THE FOLLOWING FIVE (6) COURSES AND DISTANCES ALONG SAID NORTHEASTERLY LINE OF THE 4,653 ACRE TRACT AND SAID EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY; i. THENCE SOUTH 28 DEG. 49 MIN. 29 SEC. EAST, A D]STANCE OF 563.03 FEET, TO A POINT OF CURVATURE; SAID POINT BEING LOCATED NORTH 65 DEG. 10 MIN. 35 SEC. EAST, A DISTANCE OF 5.29 FEET FROM A CONCRETE RIGHT-OF•WAY MONUMENT FOUND; 2. THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 6183.83 FEET, A CENTRAL ANGLE OF 02 DEG. 19 MIN. I8 SEC., AN ARC LENGTH OP 250.56, THE CHORD TO WHICH BEARS SOUTH 30 DEG. 29 MIN. 40 SEC. EAST, A CHORD DISTANCE OF 250.55 FEET TO AN IRON PIN SET; 3. TFIENCE SOUTH 51 DEG. 13 MIN. 43 SEC. EAST, A DISTANCE OF 26.69 FEET, TO AN IRON PIN SET; 4. THENCE SOUTH 29 DEG. 28 MIN. 38 SEC. EAST, A DISTANCE OF 115.88 FEET, TO AN IRON PIN SET; THENCE SOUTH 28 DEG. 55 MIN. 50 SEC. EAST, A DISTANCE OF' 94.95 FEET, "FO 'THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 71-WD, CONTAINING 4.651 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 4.651 ACRES ARE CONTAINED WITHIN UNION COUNTY AUDITOR'S PARCEL 17.0031031.001, 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 A PLASTIC CAP STAMPED "R. D. ZANDE". THE BEARINGS FOR THE UNI-161-12.98 PROJECT ARE BASED UPON STATE PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYS?EM, SOUTH ZONE, NAD 83 (86), AS MEASURED USING G.P.S. METHODS THROUGE-1 THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72", "FRANK 172", "FCGS 5536", AND "F'CGS 5534". THIS DESCRIPTION WAS BY STEVEN E. RADER, REGISTERED SURVEYOR 719t,;AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, INC., UNDER TFIE DIRECTION OF SAID SURVEYOR. GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD (N 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. ,~p,l nlungrrgr •'~ ~ E O F O ''., ~~ ,, ;~ ,~p,,,.......... y , ;~ Gj ;' ''•.~Q =~ STANTEC CONSULTING SERVICES, [NC. * :~ STEVEN ••, ~• RLY R. D. ZANDE AND ASSOCIATES, INC.) (FORME E _ ~ RADER % -2^ ~' ~~ti1~ G~~/~~OG~ ~~ •~ ~p~•:E'c~C/g7~(L~Ort ~O~j ~ REGISTERED SURVEYOR NO. 7191 DATE V