70-06 Resolution
RECORD OF RESOLUTIONS
Dayt?n._~~Jlal Blank,_I_n~_:,_Yonn No. 300:!~__
Resolution No, 70-06 Passed
,20_
A RESOLUTION OF INTENT 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.
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 THEREFORE, BE IT RESOLVED by the Council, ofthe 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 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. 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 wJ, day of 71au~h~ ,2006.
b~~~
ATTEST:
~LL ~
Clerk of Council
....
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731,25 of the Ohio Revised Code.
c} SCHOTTENSTEIN
ZOX&DUNNco,lPA
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: October 10, 2006
RE: U.S. Highway 33 and State Route 161 Interchange Improvement Project
Resolution No. 70-06 (Lawrence Hall Property)
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
simple interest from Lawrence Hall and his "unknown heirs". "Present road occupied" basically
www.sZD,com means that this property only contains an area in which the property owner (Mr. Hall) holds the
underlying fee, but the land is currently encumbered by an existing highway easement. The
Columbus property is therefore currently used solely for roadway purposes. "Unknown heirs" in this
Cleveland context means that no rightful owner of the property can be found in the chain of title and a court
Cincinnati 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 Ohio Jury Instruction Committee of the Ohio Judicial
Conference has published the following jury instruction:
{H0764504,6 }
250 West Street, Columbus, Ohio 43215-2538 I P,O, Box 165020, Columbus, OH 43216-5020 I Voice: 614-462-2700 I Fax: 614-462-5135
C} SCHOTTENSTEIN
ZOX&DUNNco,lPA
"Easement: If any of the property taken [is subject] to an existing easement for
public purposes, such property has no substantial value and only nominal
compensation may be awarded for it. Sic. 'Nominal' means trifling or small, usually
$10.00 or less."
According to the Ohio Department of Transportation Guide to Compensability section 4402.42
the value of a present road occupied (described above) is one dollar ($1.00). As a result, even if
a rightful heir is identified by the court, any amount owned to that heir is nominal under the law.
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 will turn those names over to our Negotiator, James Howard, for further contact.
B. Council Action
During the pendancy of discussions with the above individuals, Council may resume with
consideration of Resolution No. 70-06. This resolution merely starts the eminent domain process
and further legislation will be presented before any final action is taken with regard to any
property owner.
wwwSZO,com
RECOMMENDATION:
Columbus
Cleveland Legal Staff recommends approval of Resolution No. 70-06.
Cincinnati
{H0764504,6 }
250 West Street, Columbus, Ohio 43215-2538 I P,O, Box 165020, Columbus, OH 43216-5020 I Voice: 614-462-2700 I Fax: 614-462-5135
RESOLUTION 70-06
PAGE lOF2
EXHIBIT A
PARCEL 70-WD
RELOCATEDINDUSTRlALP~AY
CITY OF DUBLIN, OHIO
LAWRENCE HALL, HEIRS AND ASSIGNS
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE,
INCLUDING LIMITATION OF ACCESS
SI'I1JATED IN THE STATE OF OIDO. 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 OFFICB, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING FOR REFERJtNCE AT A RAILROAD SPIKE FOUND IN mE CENT5RLlNli OF
HYLAND - CROY R.OAD, AT THE COMMON CORNER OF VIRGINIA MILITARY SURVEY NUMBERS
6420 AND 6748;
THENCE SOUTH 849SO.41" WEST, A DISTANc.s OF 2309.19 FEET, ALONG THE COMMON LINE
OF SAID VIR.GINIA MILITARY SUR.~ NUMBERS 6420 AND 6748. TO AN IRON PIN SET IN THE
NORTHEASTERLY LINE OF THE 4 653 ACRE TRACT (TRACT 0) COIWHYHD TO InHN \,
WIRCHAINSKI BY DEED OF RECORD IN DEED BOOK 305, PAGE 88. BBINO THE EXISTING
SOUTIIWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL {>AR.KWAY AS
DELINEATED UPON THE STATE OF OHIO RIGHT-OF-WAY PLAN UNI-33-(23,34-23.65), FRA-33-(0.00-
2.88), AS PARC:EL NO. I (PERPETUAL HTGHW A Y EASEMENT, ACCESS LlMITBD), CONVEYED TO THE
STATE OF OHIO BY COURT OF COMMON PLEAS CASE NO. 16765, CLERK OF COURTS OFFICE, UNION
COUNTY, OHIO; SAID IRON PIN BEING LOCATED NORTH 84"50'41" EAST, A DISTANCE OF 435.64
FEET FROM A STONE POUND AT THE COMMON CORNER OF SAID 4,653 ACRE TRACT AND THE 5.000
ACRE TRACT CONVEYED TO JEROME t ASSOCIATES, LTD., BY DEED OF RECORD IN OFFICIAL
RECORD 144, PAGE 334; SAID IRON PIN BEING THE POINT OF TllUE BEGINNING OF THE HEREIN
DESCRIBED PARCEL 7o.WD;
THENCE THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID
NORTHEASTERLY LINE OF THE 4.653 ACRE TRA.CT AND SAID EXISTING SOUTHwESTERLY
LIMITED ACCESS RIGHT-OF-WAY LINE OF INDlTSTRIAL PARKWAY;
1. THENCE NORTH 28""'50" WEST, A DlSTANCB OF 94,95 FEET, TO AN IRON PIN SET;
2. THENCE NORTH 29"28'38" WEST. A DISTANCE OF 1] 5.88 FEET, TO AN IRON PIN SET;
3. THENCE NORm 51013'43" 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 6183.83 FEET, A
CENTRAL ANGLE OF 02019'18", AN ARC LENGTH OF 250.56, THE CHORD TO WHICH
BEARS NORTH 30"29'40" WEST, A CHORD DISTANCE OF 250055 FEET TO A POINT;
SAID POINT BBING LOCATED NORTH 65010'35" EAST, A DISTANCE OF 5.29 FEET
FROM A CONCRETE IUGltT-OF-WA Y MONUMENT FOUND;
5. THENCB NOR.TH 28649'29" WEST, A DISTANCB OF 563.03 FEET. TO AN JRON PIN SET
IN THE EASTERLY LINE OF LOT I OF THE AMENDED mROME INDUSTRIAL PARK,
OF RECORD IN PLAT BOOK 4, PAGE 72;
THENCE NOR.TH 05"19'08" WEST, A DISTANCE OF 98.29 FEET ALONG TIlE EASTERLY LINE
OF SAID INDUSTRIAL PARK, TO A POINT IN THE CBNTERLINE OF INDUSTRIAL PARKWAY AT THE
COMMON CORNER OF SAID INDUSTRIAL PARK AND THE 3.675 ACRE TRACT CONVEYED TO
RICHARD P. AND ALEXIS JOAN PRINCE BY DEED OF RECORD IN OFFICIAL RECORD 5 IS, PAGE 001;
THENCE NORTH 05.16'20" WEST, A DISTANCE OF 257.53 FEET ALONG TliE EASTERLY LINE
OF SAID 3.675 ACRE TRACT. TO AN IRON PTN SET IN THE SOUTHWESTERLY LINE OF TIlE SO.017
ACRE TRACT (TRACT 1) CONVBYED TO JOHN L. W1RCHAINSKI BY DEED OF RECORD IN DE.E.O
BOOK 305, PAGE 88, BEING THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY
LINE OF INDUSTRIAL PARKWAY;
010/~OO~ ~S3NI~NS !LNfiO~ NOINn 191& S~9 Lea YVd 10:11 a~ 900Z/&1/60
RESOLUTION 70-06
PAGB20F2
PARCEL 7().WD
RELOCATEDINDUSTRIALP~AY
CITY OF DUBLIN, OHIO
LAWRENCE HALL, HEIRS AND ASSIGNS
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE,
INCLUDING LIMITATION OF ACCESS
THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG SAID
SOUTHWESTBRLY LINE OF THE 50,017 ACRE TRACT AND THE EXISTING NORTHEASTERLY
LIMITED ACCESS RIGHT.QF-W A Y LINE OF INDUStRIAL PARKWAY;
--
1. THENCE SOUTH 27"23 '55" EAST, A DISTANCE OF 888,45 FEET, TO AN IRON PIN SET;
2. THENCE SOUTH 32038'12" EAST, A DISTANCE OF 274.48 FEET, TO AN ANGLE POINT,
AT THE NORTHERLY CORNER OF TIre 0,398 ACRE TRACT (TRACT 1m CONVEYED TO
JOHN 1. WtRCHAlNSKl BY DEED OF RECORD IN DEED BOOK 305, PAGE 88;
..
3. TIlENCE SOUTH 05"38';22" WEST, A DISTANCE OF 81.89 FEET (PASSING AN IRON PIN
FOUND AT A DISTANCE OF 14.17 FEET) ALONG THE NORTHWESTERLY LINE OF
, - ;A:N-lRON-PIN-POl;1ND7.:~TERtY1:ORNER-t)F
SAID 0,398 ACRE TRACT; , .. '
4. THENCE SOUTH 37016'09" EAsT, A DISTANCE OF 240.24 FEET ALONG mE
SOUTHWESTERLY LINE OF SAID, 0.398 ACRE TRACT, TO AN IRON PIN SET IN THE
NORTHEASTERLY LINE OF nIB 2.42 ACRE TRAC1' CONVEYED TO JOHN L.
WlR.CHAINSKI BY DEED OF RECORD IN DEED BOOK 318, PAGE 765, AT THE
SOUTHERLY CORNER OF SAID 0,398 ACRE TRAC1';
THENCE NORTH 74046'33" WEST, A DISTANCE OF 117.26 FEET ALONG, IN PART, THE
NORTHEASTERLY LINE OF 1lJE 2.42 ACRE TRACT, TO A POINT IN THE COMMON LINE OF VIRGINJA
MILITARY SURVBY NUMBERS 6420 AND 6748;
THENCE SOUTH 84"50'41" WEST, A DISTANCE OF 26.1] FEET AWNG SAID COMMON LINE
OF VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748, TO THE POINT OF TRUE BEGINNING
OF THE HEREIN DESCRIBED PARCEJ., 7G-WV, CONTAINING 3.449 ACRES, MORE OR LESS, OF WHICH
nm PRESENT ROAD OCCUPIES 3.449 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 3.449 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 17-0031031.----, AND AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-
00-00-028.000.
ALL IRON PINS SET ARE 314 INCHES [N DIAMETER BY 30 INCHES LONG, WITH A PLASTIC
CAP STAMPED "R.D. ZANDE",
THE BEARINGS FOR THE RELOCATED JNDUSTRIAL PARKWAY PROJECT ARB BASED UPON
STATE PLANE GRID BEARINGS FROM TIm OHIO COORDINATE SYSTEM, SOUTI-I ZONE, NAn 83 (86),
AS MEASURED USING G,P.5, METHODS THROUGH THE FRANKLIN COUNTY ENGINEER.'S STATIONS
"FRANK 72", "FRANK 172", "FCGS 5536", AND "FCGS 5534",
TInS DESCRIPTION WAS PRSPARED MARCH 27,2006 BY STEVEN E. RADER, REGISTERED
SURVEYOR 7191. AND IS BASED UPON A SURVEY POR TIm CITY OF DUBLIN FROM OCTOBER, 200S
TO MARCH, 2006 BY R. D. ZANDE AND ASSOCIATES, mc" UNDER THE DIRECTION OF SAID
SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 166, PAGE 263,
OF THE RECORDER'S OFFICE. UNION COUNTY. OHIO.
A DRAWING OF TlliS DESCRIPTION IS A 11'ACHED HEll.ETO AND MADE PART THEREOF.
",,,,,,,"11"",,,,,,,
.,..,:,\~ OF Oly,"',,- R. D. ZANDE AND ASSOCIATES, INC.
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$ OJ .,- \, ~ zf~!!.R~-
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~ \ MOER 1 ~ I(EGISTERED SURVBYOR NO. 1191 DATE
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~ .<) ~ 7191 ~ l 0 :
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OTO/SOOIiJ H9BNI~NB AlNnO~ NOINn tOTe sto LC6 YVd ZO:Tt GHM OOOZ/CT/60
RESOLUTION 70-06
EXHIBIT 8
NUMBER DIRECTION DISTANCE
~ L1 N 28"55'50" W 94,95.
'f L2 N 29"28'38" W 115.88'
LJ N 51.13'43 W 26.69'
\ <;. J L4 N 28"492a" 'W 563,03.
~ \ ~ L5 N 05.,9'08" W 98.29.
). . L6 N 05.'6'20" W 257.53'
~~~ I L7 S 2723'~5" E 888.45'
c::. L8 S JZ038.,2" E 274.48'
19 S 05.38.22" W 81.89'
L10 S 371609" E 240.24'
DET....l N.T S L11 N 74.46'33" W 117.26'
L12 S 84'50 41" W 26.13'
~ ON L13 N 65.,0'35" E 5.29'
00"
~~ ~lf ;: ~ tg;'I JOHN L WIRCHAlNSKI
w.,., aloi 3 10. ... ~ 17-0031031[!001 )
I'l..... o::? ,- 017 AC RA I
~ 8N m :i S~. 305, P , ~ THIS PARCEl UES WIIHIN ZONE ")l"
09 J.,~... r;; II) Of" lllE "FIRM. COMMUMlY PANEl
ll:O ~O ~ ~ 0 NO. .190BDB OHiO B WITH AN
t.;:;\ 0 .0( Z EFFEC1lYE DATE Of" 9 9'
~ ~~~ ~ ~
:;:: ~ f ~ STATE;.,pr 0110 I:l::;
~ Iii -i r;;:.. ~ Vw.~'3'3:~~o'6~2~i8'5) ~ ~
!!;! 5 iii \!}) I PARCEL i-ro. 1 C .
::( 'i!: a: _, COURT CASE 16765 ~ I ~
ffiE', t.:it,;
~ g~~ \...1 3.449 ACRES I
@ '" .:~ "" C'\ -3.449 ACRES "'"
~a ~ ~ ~ ~
1~-003'018,400 i: .J;;;~~ ~ 0.000 ACRES ~ 0-
z~~ w ~I
;J; l:3lIi lil :;:: x
~ ~";ci b:; W
@ POINT OF lRUE
BEGINNING
15-0031016.200
S 84.50'41. W
VMS 6420 435.64'
VMS6~8- --~--f--~---
(;:;\ THE ASMAN
\!!; LAND CO" LTD,
Ijj5\ 17-0031020.200
IV 15-0031-
i 016.300
'!.
,;;
~ ,
~ '
B
~ @
@ ~~r6, LTD. IoAONUIoAENT I F'GF'N[)
15-0031016,200 J:1 R.R.S. FOUND PARCEL 7o-WO
5.000 ACRES 0 REBAR F'OUN[)
O,R. 144, PC, 334 0 IRON PIN FOUND RELOC. INDUSTRIAl.. PARKWAY
Ii) R/W MONUMENT FOUND COUNTY' OJ' UNION, J&IlOlIE TWP., OHIO
t7rJ1LAWRENCE HAw.. I!l STONE FOUND V,W,S, 6f2O ole 8148
'-:::J HEIRS'" ASSIGNS . 3/4" IRON PIN SET 0 aoo ??OO
17-0031031.__ II.. .... I
0.8. 166, PC, 263 - SCAU: IN FEET -
BASIS OF' BEARINGS PHpared 117
lHE BEARlJoGS FOR THE RElDCA1U) t1DU5lllW. 0 BJJ. 1-- ".I~ JM.
" PNltCWAY PRO.ImT ARE BASED UPON STATE PWlE CIllD 16rJ() ;'fIM ,so",," .Dr.. 8rdU f()O
~ IliNlINGS F'ROlI 1lIE 0IlJ0 COORDINATE SI'SlDI. SOVIlI c~ I7MiI -I8ItH
. ZOItE. ~ tl3 (1IlI). 1& lIEAS1JR11) IISlNIi G.p.s. .J>IfMw." ("~) ~~
I MElHODS lHROUGIl lHE F1WIKUN COUNIY ENCNEIl'S ~ ~ & ~ L L .
i STATIONS ~ 72", "FllANK 172", "TCGS 553&", AND ~c..-. ~ ~
! '1'CCS 5S34. 1IIogIooI..... su..... 17181 _
OTO/OIO~ MaaNI~Na ALNnO~ NOINa T9TC St9 LC6 iVa to:TT OaM 900Z/CT/60