20-08 ResolutionRECORD OF RESOLUTIONS
1
1
Blank, Inc ,Form No 30045
Resolution No.
20-08
Passed , 20
A RESOLUTION OF INTENT TO APPROPRIATE A 0.082
ACRES, MORE OR LESS, FEE SIMPLE INTEREST (WITH
0.065 ACRES, MORE OR LESS, PRESENT ROAD
OCCUPATION), FROM S.G. LA MYERS. LTD., LOCATED ON
THE EAST SIDE OF LIGGETT ROAD, CITY OF DUBLIN,
COUNTIES OF FRANKLIN AND UNION, STATE OF OHIO.
WHEREAS, the City of Dublin ("City") and the Ohio Department of Transportation
("ODOT") are working in cooperation to make improvements to the US 33/SR
161/Post Road interchange; and
WHEREAS, the improved interchange configuration requires the City undertake the
relocation of Liggett Road to the east;
WHEREAS, said Liggett Road 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 City of Dublin, Franklin and Union Counties, Ohio.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~_ of the elected members concurring that:
Section 1. Council considers it necessary and declares its intention to appropriate,
for the purpose of constructing the relocation of Liggett Road in the City of Dublin, a
fee simple interest in and to the premises located in the City of Dublin, Ohio, and
more fully described in the legal description attached hereto as Exhibit "A".
Section 2. The City Manager is hereby authorized to cause written notice of the
passage of this Resolution to be served upon the owners and persons in possession or
having an interest of record in the above-described property. This notice shall be
served according to law.
Section 3. This Resolution shall take effect and be in force from and after the earliest
date permitted by law.
Passed this ~ ~t day of , 2008.
t
Mayor -Presiding Officer
ATTEST:
Clerk of Council
1
~SCHOTTENSTEIN
ZOX~`DUNN, ..
ME11fOR~ ~~D LhYf
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmaiui, Assistant Law Director
DATE: April 3, 2448
RE: Resolution 24-48 - Intent to Appropriate - S.G. LA Nlyers, Ltd Property
U. S. Highway 33 and State Route 161 Interchange Improvement Project
PROJECT BACKGROUND
The City of Dublin ("Cit3~") 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 City will be undertaking the relocation of Liggett Road to the east. The US
33/SR 1611Post Road interchange and Liggett Road relocation project {"project") require the
acquisition of either a "paatial 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 the project
route. This memorandum discusses the S.G. La Myers property located on the east side of
Liggett Road.
ACQUISITION INTRODUCTION:
This project requires the acquisition of a 4.482 acres, more or less, fee simple interest, with 4.465
acres, more or less, present road occupied, in and to the premises. "Present road occupied"
basically means that this property only contains an area in which the property owner holds the
underlying fee, but the land is currently encumbered by an existing highway easement. A
portion of the property is therefore currently used solely for roadway purposes.
ACTION TAKEN IN THIS CASE:
Since the year 2446, the Law Department has been in contact with the landowner to inform the
company 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 detemuned the fair market value of the property as Seven Thousand Sixty One Dollars
and No Cents {$7,461.44).
Memo to Council -Resolution 20-08 - S.G. LA Myers, Ltd.
April 3, 2448
Page 2 of 2
The Law Department engaged NI/E Company (N1r. James Howard) to negotiate the acquisition
~~~ith the landowner. This negotiation will continue to take place after passage of this resolution.
This resolution indicates the City's intent to appropriate the above land. This resolution merely
starts the eminent domain process and further legislation is necessary to begin acquisition of the
land.
If an agreement is reached, then the Law Department will prepare an ordinance authorizing the
City Manager to enter into a real estate purchase contract with the landowner. If an agreement
cannot be reached, the La«~ Department will proceed with preparing an ordinance for
presentation at an upcoming City Council meeting regarding litigation.
RECONINIENDATION:
The Larv Department recommends approval of Resolution No. 24-48.
Columbus
Cleveland
Cincinnati
[Fi 11; 2454 f }
250 West Street, Columbus, Ohio 432 1 5-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
EXHIBIT A Page ]oft
RX 250 PID 80748
Rev. 10/O6 PARCEL 97-WD
CTY-RTE-SEC RELOC-LIGGETT-RD
Version Date 7/20/07
PARCEL 97-WD
RELOC-LIGGETT-RD
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS
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 the premises follows]
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, CITY OF DUBLIN (WASHINGTON
TOWNSHIP, FRANKLIN COUNTY), LOCATED IN VIRGINIA MILITARY SURVEY NO. 3452, BEING A
PART OF THE ORIGINAL 4.315 ACRE TRACT CONVEYED TO S. G. LA MYERS, LTD., BY DEED OF
RECORD IN OFFICIAL RECORD 132, PAGE 608, RECORDS OF THE RECORDER'S OFFICE, UNION
COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT AND RIGHT SIDE OF THE CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF RELOCATED LIGGETT ROAD, AS ESTABLISHED BY A
SURVEY MADE BY R.D. ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN IN 2005 AND 2006,
AND BEING LOCATED WITHIN THE FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 97-
WD;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF
LIGGETT ROAD, BEING THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 3452 AND 6748, AND
BEING THE WESTERLY LINE OF SAID OR]GINAL 4.315 ACRE TRACT, AT THE INTERSECTION OF THE
FRANKLIN /UNION COUNTY LINE, AND AT THE SOUTHEASTERLY CORNER OF THE 10.189 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 695, PAGE
579; SAID SPIKE BEING 579.14 FEET LEFT OF CENTERLINE U.S. ROUTE 33 STATION 1341+15.38;
THENCE NORTH 04 DEG. 09 MIN. 03 SEC. WEST, A DISTANCE OF 212.99 FEET ALONG THE
EXISTING CENTERLINE OF LIGGETT ROAD, THE COMMON LINE OF VIRGINIA MILITARY SURVEYS
3452 AND 6748, AND THE COMMON LINE OF SAID ORIGINAL 4.315 AND 10.189 ACRE TRACTS, TO A
RAILROAD SPIKE SET, BEING 0.00 FEET RIGHT OF CENTERLINE STATION 5001+50.42; SAID
RAILROAD SPIKE BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL
97-WD;
THENCE CONTINUING NORTH 04 DEG. 09 MIN. 03 SEC. WEST A DISTANCE OF 114.77 FEET
ALONG THE EXISTING CENTERLINE OF LIGGETT ROAD, THE COMMON LINE OF VIRGINIA
MILITARY SURVEYS 3452 AND 6748, AND THE COMMON LINE OF SAID ORIGINAL 4.315 AND 10.189
ACRE TRACTS, TO A POINT AT A COMMON CORNER OF SAID ORIGINAL 4.315 ACRE TRACT AND
THE 3.654 ACRE TRACT CONVEYED TO BP EXPLORATION & OIL INC., BY DEED OF RECORD IN
OFFICIAL RECORD 273, PAGE 484; SAID POINT BEING ] 5.13 FEET LEFT OF CENTERLINE STATION
5002+59.98;
THENCE SOUTH 87 DEG. 27 MIN. 03 SEC. EAST A DISTANCE OF 52.35 FEET ALONG THE
COMMON LINE OF SAID ORIGINAL 4.315 AND 3.654 ACRE TRACTS TO AN IRON PIN SET ON A
CURVE IN THE NEW EASTERLY RIGHT-OF-WAY LINE OF RELOCATED LIGGETT ROAD, BEING 30.00
FEET RIGHT OF CENTERLINE STATION 5002+89.64;
EXHIBIT A Page 2 of 2
RX 250 PID 80748
Rev. 09/06 PARCEL 97-WD
CTY-RTE-SEC RELOC-LIGGETT-RD
Version Date 7/20/07
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NEW EASTERLY
RIGHT-OF-WAY LINES OF RELOCATED LIGGETT ROAD, AND ACROSS SAID ORIGINAL 4.3 ] 5 ACRE
TRACT;
1. THENCE SOUTH 23 DEG. 46 MIN. OS SEC. WEST A DISTANCE OF 57.66 FEET TO AN
IRON PIN SET IN THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF LIGGETT ROAD,
BEING 25.00 FEET RIGHT OF CENTERLINE STATION 5002+08.13;
2. THENCE SOUTH 04 DEG. 09 MIN. 03 SEC. EAST A DISTANCE OF 57.71 FEET TO AN
IRON PIN SET, BEING 25.00 FEET RIGHT OF CENTERLINE STATION 5001+50.42;
THENCE SOUTH 85 DEG. 50 MIN. 57 SEC. WEST A DISTANCE OF 25.00 FEET ACROSS SAID
ORIGINAL 4.315 ACRE TRACT, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED
PARCEL 97-WD, CONTAINING 0.082 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD
OCCUPIES 0.065 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.082 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 39-0001010.000, AS SHOWN ON UNION COUNTY GIS MAP NUMBER 147-00-00-
021.000.
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC
CAP STAMPED "R.D. ZANDE".
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF RELOCATED LIGGETT ROAD, UNLESS OTHERWISE
SHOWN.
THE BEARINGS FOR THE RELOCATED LIGGETT ROAD PROJECT ARE BASED UPON STATE
PLANE GRID BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS
MEASURED 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 BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
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 THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN OFFICIAL RECORD ] 32,
PAGE 608, OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
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NUMBER DIRECTION DISTANCE
L1 N 04'09'03" W 212.99'
L2 N 04'0903" W 114.77'
L3 S 8T27'03" E 52.35'
L4 S 23'46'05" W 57.66'
L5 S 04'09'03" E 57.71'
L6 S 85"50'57" W 25.00'
L7 N 04'09'03" W 30.38
L8 N 15'25'05" E 89.68'
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96 BP EXPLORATION
& OIL INC. ~
39-000101 1.000
3.654 ACRES
OR 273, PG. 484
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RELOC. LIGGE7-?-
ROAD
S 8T27,03" E 427.70'
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97 39-000101 p 000 LTD.
ORIG. 4.315 ACRES
0•R. 132, PG. 608
AIM ~ 0.082 ACRES (GROSS)
~ ~ ~ X -0.065 ACRES (P.R.O.
~-" " ~ W 0.017 ACRES (NET)
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BEGIN FOR
REFERENCE
__~, _
-----iz___ UNION C0.__
FRANKLIN CO.
IRON PINS SET ARE 3/4"
DIAMETER BY 30" LONG WITH A
"' PLASTIC CAP, BEARING THE NAME ,O' R.R.S. FOUND
"R.D. ZANDE do ASSOC." O REBAR FOUND
x O IRON PIN FOUND
W THE POST-HYLANDS CO. O R/W MONUMENT FD
a 140 39-0001012.000 • 3/4" IRON PIN SET
o ORIG. 4.605 ACRES i R.R.S. SET
_ D.B. 244, PG. 95
BASIS OF BEARINGS
THE BEARINGS FOR THE RELOC. UGGETT RD.
PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM,
SOUTH ZONE, NAD 83 (86), AS MEASURED USING
G.P.S. METHODS THROUGH THE FRANKLIN COUNTY
ENGINEER'S STATIONS "FRANK 72", "FRANK 172",
"EGGS 5536", AND "EGGS 5534".
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THIS PARCEL LIES WRHIN ZONE "X"
OF THE "FIRM" MAP NUMBER
39049C0106H, WRH AN EFFECTNE
DATE OF 3/16/04
PARCEL 97-WD
RELOC. UGGETT ROAD
UNION COUNTY
CITY OF DUBLIN, OHIO
(1rASHINGTON TWP., FRANIQ.IIV C0.)
VIRGINIA l[IIITARY SURVEY 3452
0 10o zoo
scAlE IN FEET
Prepared By
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