77-06 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.
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R. D. ZANDE ANA ASSOCIATES, INC.
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STEVEN
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7191
r O - REGISTERED SURVEYOR N0.7191 DATE
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OTO/SOOC~j 2IHSNI9NS J;.LNf100 NOINII T9iC S1'9 LCB YY3 ZO~TT 03A1 BOOZ/Ci/80
ORDINANCE 77-06
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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
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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