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Home My WebLink About59-08 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blonk Co., Form No. 30045 59-08 Resolution No ................................................................... Passed .................................................................., ....................... YF..aR A RESOLUTION OF INTENT TO APPROPRIATE A .412 ACRES, MORE OR LESS, FEE SIMPLE INTEREST FROM DENNIS J. HOFFER, SAID ACREAGE LOCATED ON THE WEST SIDE OF LIGGETT ROAD, ADJACENT TO U.S. 33 AND JUST SOUTH OF POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN, STATE OF OHIO. 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, standard highway easement, and temporary construction easement in and to the premises described in the attached Exhibit "A," located in the City of Dublin, County of Franklin, State of Ohio. NOW, THEREFORE, BE IT RESOLVED by the Council, of the City of Dublin, State of Ohio, r~ of the elected members concurring that: Section 1. Council considers it necessary and declares its intention 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 the premises located in the City of Dublin, County of Franklin, State of 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 l~"~ day of , 2008. Mayor -Presiding ATTEST: 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 of Engineering/City Engineer FROM: Stephen J. Smith, Law Director Philip K. Hartmann, Assistant Law Director DATE: July 29, 2008 RE: Resolution No. 59-08 Intent to Appropriate -Dennis Hoffer Property U.S. Highway 33 and State Route 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. 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 the acquisition of property owned by Dennis J. Hoffer. The acquisition consists of a .412 acres, more or less, fee simple interest, said acreage located on the west side of Liggett Road, adjacent to U.S. 33 and just south of Post Road, City of Dublin, County of Franklin, State of Ohio. ACTION TAKEN IN THIS CASE: Since the year 2006, the Law Department has been in contact with the landowner to inform him of the upcoming construction and effect of the interchange improvement to his property. A title search was conducted and an appraisal for this property is now complete. The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition with the landowners. 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 begins the eminent domain process and further legislation is necessary to begin acquisition of the land. Memo to Council re Res. 59-08 Intent to Appropriate -Dennis Hoffer Property July 31, 2008 Page 2 of 2 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 Law Department will proceed with preparing an ordinance for presentation at an upcoming City Council meeting regarding litigation. RECOMMENDATION: ', The Law Department recommends approval of Resolution No. 59-08. ww.SZD con Columbus '. Cleveland Cincinnatl (H1292396.^. } 250 West Street, Columbus. Ohio 43215-2538 ( P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 6t4-462-2700 ~ Fax: 614-462-5135 EXHIBIT Page I of 3 RX ?5? P(D 60748 Rev. 09/06 PARCEL 100-WL CTY-RTE-SEC UNI-3i-2x.67 Version Date 05/09/07 PARCEL ]00-WL UNI-33-24.87 ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE IN THE FOLLOWING DESCRIBED PROPERTY INCLUDING LIMITATION OF ACCESS Grantor/Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested of any and all abutter's rights, including access rights in, over and to the within described real estate, including such rights with respect to any highway facility constructed thereon (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 followsl SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 2.009 ACRE TRACT CONVEYED TO DENNIS J. HOFFER BY DEED OF RECORD IN INSTRUMENT NUMBER 199809240243034, RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PARCEL OF LAND LYING ON THE LEFT 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 OF PARCEL 100-WL; BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF LIGGETT ROAD, BEING THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6748 AND 3452, AT THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE, AND BEING THE NORTHEASTERLY CORNER OF THE 5.328 ACRE TRACT CONVEYED TO THE POST-HYLANDS CO. BY DEED OF RECORD IN INSTRIiMENT NUMBER 200703300055576, AND 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 (UNION COUNTY RECORDER'S OFFICE); THENCE SOUTH 04 DEG. 03 MIN. 26 SEC. EAST, A DISTANCE OF 529.63 FEET (PASSING A 3 / 4 INCH IRON PIN FOUND AT A DISTANCE OF 388.22 FEET) ALONG SAID CENTERLINE OF LIGGETT ROAD, THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6748 AND 3452, AND THE EASTERLY LINE OF SAID 5.328 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID 5328 ACRE TRACT AND SAID 2.009 ACRE TRACT; THENCE CONTBQUING SOUTH 04 DEG. 03 MIN. 26 SEC. EAST, A DISTANCE OF 366.51 FEET ALONG SAID CENTERLINE OF LIGGETT ROAD, THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6748 AND 3452, TO A RAILROAD SPIKE FOUND AT THE COMMON CORNER OF SAID 2.009 ACRE TRACT AND THE 0.685 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN, OHIO, BY DEED OF RECORD IN OFFICIAL RECORD 6769, PAGE B07; THENCE SOUTH 81 DEG. 14 MIN. 43 SEC. WEST, A DISTANCE OF 133.65 FEET ALONG THE COMMON LINE OF SAID 2.009 AND 0.685 ACRE TRACTS, TO AN IRON PITT SET IN THE NEW NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33 AND THE NORTHEASTERLY LINE OF AN EXISTING CHANNEL EASEMENT (PARCEL 89 X-2) DELINEATED UPON THE STATE OF OHIO RIGHT-OF-WAY PLAN UNI-33-20.23, FRA-33-0.00, ON FILE WITH THE OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 6, BEING 140.00 FEET LEFT OF CENTERLINE STATION 1349+69.40, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL I00-WL; EXHI$IT A Page 2 of3 RX 262 Pm 86ia8 Rev. 09/06 PARCEL 100-W'L CTY-RTE-SEC ~TJI-33-26.87 Version Dace 05/09/07 THENCE CONTINUING SOUTH 81 DEG. 14 MIN. 43 SEC. WEST, A DISTANCE OF 39.70 FEET ALONG THE COMMON LINE OF SAID 2.009 AND 0.685 ACRE TRACTS TO A POINT ON A CURVE IN THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33, AT A SOUTHWESTERLY CORNER OF SAID 2.009 ACRE TRACT, BEING 103.00 FEET LEFT OF CENTERLINE STATION 1349+54.55; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY L[NE OF U.S. 33 AND THE SOUTHWESTERLY LINES OF SAID 2.009 ACRE TRACT; 1. THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3803.62 FEET A CENTRAL ANGLE OF 04 DEG. 50 MIN. 00 SEC., AN ARC LENGTH OF 320.86 FEET, THE CHORD TO WHICH BEARS NORTH 27 DEG. 29 MIN. 04 SEC. WEST, A CHORD DISTANCE OF 320.77 FEET TO AN ANGLE POINT, BEING 103.00 FEET LEFT OF CENTERLINE STATION 1346+25.00; 2. THENCE NORTH l7 DEG. 06 MIN. 43 SEC. WEST, A DISTANCE OF 32.58 FEET TO A POINT AT THE COMMON CORNER OF SAID 5.328 AND 2.009 ACRE TRACTS, BEING 107.37 FEET LEFT OF CENTERLINE STATION 1345+91.82; THENCE NORTH 75 DEG. 52 MIN. 17 SEC. EAST, A DISTANCE OF 69.58 FEET ALONG THE COMMON LINE OF SAID 5328 AND 2.009 ACRE TRACTS, TO AN IRON PIN SET IN THF. NF,W NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33, BEING 175.78 FEET LEFT OF CENTERLINE STATION 1346+05.04; THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NEW NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF L'.S. 33 AND ACROSS SAID 2.009 ACRE TRACT; 1. THENCE SOUTH 18 DEG. 19 MIN. 39 SEC. EAST, A DISTANCE OF 247.21 FEET TO AN IRON PIN SET IN THE NORTHEASTERLY LRvE OF SAID EXISTING CHANNEL EASEMENT, BEI1vG 140.00 FEET LEFT OF CENTERLINE STATION 1348+60.00; 2. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3766.62 FEET, A CENTRAL ANGLE OF OI DEG. 36 M[N. 16 SEC., AN ARC LENGTH OF 105.48 FEET, THE CHORD TO WHICH BEARS SOUTH 29 DEG. 19 MIN. 00 SEC. EAST, A CHORD DISTANCE OF 105.48 FEET TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL I00-WL, CONTAINING 0.412 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS. OF THE ABOVE DESCRIBED AREA, 0.412 ACRES ARE CONTAINED WITHIN FRANKLPv COUNTY AUDITOR'S PARCEL 273-001894 . ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN ALUMI*IUM CAP, BEARING THE NAME ODOT R!W AND R.D. ZANDE & ASSOCIATES. 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 WI-33-24.87 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". EXH~B~T A Pa~ei of3 AX 252 PID 80748 Rev. 09/06 PARCEL 100-W6 CTY-RTE-SEC UNI-33-24.89 Version Dale 05/09/07 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 INSTRUMENT NUMBER t99809240243034, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO. A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF. , ~E Of= O •, ~ • ~P ... ` °•, y. '; . R. D. ZANDE AHD ASSOCIATES, INC. l C - ~:. is--~ lt~-r/ ~0~~0 J ~2ABtR ~GISTEREDSURV£YORN0.7191 DATE SOLI ~ s R ~' r,~r2 6F d~ f ~2~3 1~~~ /DEAN C• RtNGCE, P.EBS. BY_(I5J" ~1 DA • !7 (.IA/ t