71-06 Resolution
RECORD OF RESOLUTIONS
Dayt(:m Leg?,1_~I<3.Q~,_IQ~:J5)~'!1_f'.JO- ~OO45
Resolution No. 71-06
Passed
----------------------
A RESOLUTION OF INTENT TO APPROPRIATE A 0.893
ACRE, MORE OR LESS (PRESENT ROAD OCCUPIED), FEE
SIMPLE INTEREST, FROM ADRIA LABORATORIES, INC.,
AND ITS UNKNOWN SUCCESSORS, TRANSFEREES AND
ASSIGNS, LOCATED EAST OF INDUSTRIAL PARKWAY
AND NORTH OF STATE ROUTE 161, 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, T.L.FORE, 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 U-th, day of nOUe.ht..ber- ,2006.
.. .
Mayor - Presiding Officer
ATTEST:
~CL.~
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.
puty Clerk of Council, Dublin, Ohio
c} SCHOTTENSTEIN
ZOX&DUNNco.lI'A
MEMORANDUM
TO: Dublin City Council
Jane S. Brautigam
Paul A. Hammersmith, PE, Director of EngineeringlCity 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. 71-06 (Adria Laboratories 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:
Weare beginning the land acquisition process for the improvement of the U.S. Highway 33/S.R.
161 interchange. This project requires the acquisition of a 0.893 acre, more or less, (present road
wwwSZD_cO'TI occupied) fee simple interest from Adria Laboratories, Inc. in conjunction with any ''unknown
heirs". "Present road occupied" basically means that this property only contains an area in which
Columbus the property owner (Adria Laboratories) holds the underlying fee, but the land is currently
Cleveland encumbered by an existing highway easement. The property is therefore currently used solely
Cincinnati for roadway purposes. "Unknown heirs" in this 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 if descendants identify
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:
{H0776614.3 )
250 West Street, Columbus, Ohio 43215-2538 I PO, Box 165020, Columbus, OH 43216-5020 I Voice: 614-462-2700 I Fax: 614-462-5135
c} SCHOTTENSTEIN
ZOX&DUNNco.lP"
"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 owed to that heir is nominal under the law
ACTION TAKEN IN THIS CASE:
A. Property Records Search
After a due diligence search (title review and survey), the surveyor determined that Adria
Laboratories owned the property. No heirs were uncovered in the chain of title so two
determinations were made: First, to begin appropriation of the land from Adria Laboratories. We
contacted the company and its subsidiaries. Those businesses did not respond. Second,
(although not discussed in the previous memorandum) we determined 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 heirs or other interested parties the forum to come
forward.
Additional title searches were conducted for further support of the above conclusions. Again, the
chain of title indicated that the land was transferred to Adria Laboratories in 1981 and they are
the current owners.
B. Council Action
We request that Council resume with consideration of Resolution No. 71-06. 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.
www.SZD.com RECOMMENDATION:
Columbus Legal Staff recommends approval of Resolution No. 71-06.
Cleveland
Cincinnati
{H0776614.3 }
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 71-06
PAGE 1 OF2
EXHIBIT A
PARCEL lO6-WL
UNJIFRA-33-24.8710.00
OIDO DEPARTMENT OF TRANSPORTATION
ADRIA LABORATORIES, INC.
ALL RIGHT. TITLE AND INTEREST IN FEE SIMPLE,
INCLUDING LIMITATION OF ACCESS
SITUATED IN THE STATE OF OBlO, COUNTY OF UNION, JEROME TOWNSHIP. LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEINO A PART OF THE ORIGINAL 52.01 ACRE TRACT
(PARCEL 2) CONVEYED TO ADRIA LABORATORIES, INC. BY DEED OF RECORD IN DEED BOOK 285,
PAGE 38, AND BEING THE SAME 0.893 ACRE TRACT ~ARCEI. 87), CONVEYED TO TI-lB STAT!;: OF
OHIO AS A PERPETUAL HfGHW A Y EASEMENT, BY DEED OF RECORD IN DEED BOOK 227, PAGE 32,
RECORDS OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT A JlAIL.ROAD SPIKE FOUND IN niE CENTERLINE OF
EITERMAN ROAD AT THE INTERSECTION OF THE FJlANKLlN I UNION COUNTY LINE:
THENCE NORm 87"57'12" WEST, A DISTANCE OF 120.71 FEET, ALONG FRANKLIN I UNION
COUNTY LINE TO A CONCRETE RIGHT-oF.WAY MONUMENT 1l0UNO IN THE EASTERLY LINE OF
SAID ORIGINAL 52.01 ACRE TRACT, AT AN ANGLE POINT IN THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF E1TERMAN ROAD;
THENCE NORTH 03"51'21" WEST. A DISTANCE OF 1106.50 FEET ALONG THE EASTERLY LINE
OF SAID ORIGINAL 52.01 ACRE TRACT TO THE INTERSECTION OF THE EXISTING WESTERI.Y
LIMITED ACCESS RIGHT-OF.W A Y LINE OF U.S. ROUTE 33 AND THE EXISTING NOR.THERL Y LIMITED
ACCESS RIGHT -OF.W A Y LINE OF STATE ROUTE 161, AND BEING THE SOUTHEASTER!. Y CORNER OF
SAID 0.893 ACRE TRACT; SAID POINT BEING THE POINT OF TRUE BEGINNlNG OF THE NEREIN
DESCRlBED PARCEL 106-WL;
THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EXISTING
NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF STATE ROUTE 161, AND ALONG THE
SOUTHERLY LINE OF SAID 0.893 ACRE TRACT;
1. THENCE NORTH 85.29'30" WEST. A DISTANCE OF 297.13 FEET, TO AN ANGLE POINT;
2. mENCE SOUTH 89.53'5 I" WEST, A DISTANCE OF 139.60 FEET, TO AN ANGLE POINT;
3. THENCE SOUTH 81"17'34" WEST, A DISTANCE OF 151.53 FEET. TO A POINT IN THE
NOR.THWESTERLY LINE OF SAID 0.893 ACRE TRACT AND SAID ORIGINAL 52.01
ACRE TRACT, AND THE SOUTHEASTERLY LINE OF THE 2.42 ACRE TRACT
CONVEYED TO JOHN L. WIRCHAINSKI BY DEED OF RECORD IN DEED BOOK 318,
PAGE 765;
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE
NORTHWESTERLY AND NORTHERLY I.JNES OF SAIO ORIGINAL 52.01 AND 0.893 ACRE TRACTS:
I. THENCE NORTH 65058'10" EAST, A DISTANCE OF 329.38 FEET, ALONG THE
SOUTHEASTERLY LINE OF SAID 2.42 ACRE TRACT TO A POINT IN THE SOUTHERLY
LINE OF THE 50.011 ACRE TRACT (TRACT T) CONVEYED TO JOHN L. WIRCHAJNSKI
BY DEED OF RECORD IN DEED 600K 305, PAGE 88;
2. THENCE SOUTH 74"46'33" EAST, A DISTANCE OF 291.07 FEET ALONG THE
SOUTHERLY LINE OF SAID 50.017 ACRE TRACT, TO AN ANGLE POINT IN THE
EXISTING WESTERLY LIMITED ACCESS RlOlIT-CF.WAY LINE OF U.S. ROUTE 33, AT
THE NORTHSASTERLY CORNER OF SAID ORIGINAL 52.01 ACRE TRACT AND SAID
0.893 ACRE TRACT;
THENCE SOUTH 03"51'27" EAST, A DISTANCE OF 58.00 FEET ALONG THE EXISTING
WESTERLY LIMITED ACCESS RIGHT.OF.WA Y LINE OF U.S. ROUTE 33, AND THE EASTERLY LINE OF
SAID ORTGINAL 52.01 ACRE TRACT AND SAID 0.893 ACRE TRACT, TO THE POINT OF TRUE
BEGINNING OF THE HEREIN DESCRIBED PARCEL I06-WI" CONTAINING 0.893 ACRES, MORE OR
LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.893 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.893 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 39-0001004.---, AS SHOWN ON UNION COUNTY GIS MAP NUMBER ]46-00-00-
015._.
,.
010/900 ~ H33NI~N3 XlNfiOO NOI~l 19lC St9 Lt6 IVd ZO:11 aRM 900Z/tl/60
RESOLUTION 71-06
PAOE20F2
PARCEL lO6-WL
UNIIFRA-33-24.87/0.00
OIDO DEPARTMENT OF TRANSPORT ATJON
ADRIA LABORATORIES, INC.
ALL RIGHT, TITLE AND INTERST IN FEE SIMPLE,
INCLUDING LIMITATION OF ACCESS
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC
CAP STAMPED "R.D. lANDE",
THE BEARINGS FOR TIlE UNJ/FRA-33-24,87/0,OO PROJECT ARE BASED UPON STATE PLANE
GRID BEARINGS FROM THE OHIO COORDINATE SYS1'EM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS TIfROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "rCGS 5536", AND "PCGS 5534",
THIS OESCRIPTION WAS PREPARED MARCH 25, 2006 BY STEVEN E. RADER, REGISTERED
SURVEYOR 71~J, AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005
TO MARCH. 2006 BY R. D, ZANDB AND ASSOCIATES, lNC.. UNDER TIlE DIRECTION OF SAID
SURVEYOR.
GRANTOR CLAIMS TItLE BY THE INSTRUMENT OF RECORD IN DEED BOOK 285, PAGE 38,
OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO,
A ORA WING OF TInS DESCRIPTION IS A'J'1ACflED HERETO AND MADE PART THEREOF.
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RESOLUTION 71-06
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@ ADRIA LABORATORIES, INC.
39-000' 004.___
. ORIG. 52.01 ACRES
'I 0,8. 285, PG, 38
..
,), LlONULlIi:NT L..E:GE:ND
0
- NUMBER DIRECTION DISTANCE
L1 N 85'29 30 W 297.13' .rr R.R,S. FOUND PARCEL , D6-WL
o REBAR FOUND
l2 5 89'53'5'" W t 39.60' o IRON PIN FOUND UNI/FRA-33-24.87/0.oo
L3 S 81'17'34" W '51.53' (i) R/W MONUMENT FO COUNTY 01' VNJON, JEROME 'J'IfP., OHIO
l4 N 65'58" O. E 329,38' . 3/4" IRON PIN SET VIRGlNlA UIIJ'l'ARY S11RVJ:Y' 8746
L5 S 74'46'33 E 291.07' a 2IlO ol(IQ
L6 S 03"51'27" E 58.00' .... - .... - I
SCAI.E IH fiET
~IS OF BEARINGS PreplU'Wd Br
lllE BfARlNGS rOR 1llE UNI/m-\-33-24.87/0.oo PRO.lECT !Z1.HJJ. Z__ .. ~~ m..
ARE Bo\SED UPON STATE PlANE GRID BE:ARlNGS FROU THE = =-~~" to(}
OHIO COORDINot.TE S'l'S1EM. SOUTll ZONE, NAD 8J~. /IS
~ IdEASURED USING CP.5. METHODS lllROUGH lllE KUN ~~J ~6-~01
" COUNTY DlGIN~ER'S STl\nONS "F7lmk 72", "FRANK In'.
...
a
! "rccs 553lI", AND TCGS 5534., .~~
.lIovlMtnld $uM)'Ol' 71P1 l)vl.
OIO/800 ~ H33NI~N3 XlNnO~ NOI~l 19lt St9 Lt6 IVd to:11 Q3M 900Z/t1/60
~ '-
Resolution 72-06
RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE
BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES
AND CERTIFYING THEM TO THE COUNTY AUDITOR
(CITY COUNCIL)
OHIO REVISED CODE, SECTION 5705.34, 5705.35
The Council of the City of DUBliN , Franklin County
Ohio, met in t! ar session on the / f-th day of S~r5ten..h ~r-:
(Regula or l;cial) I
2006, at the office of IA.bflnMun.;(lI?al D("JWith the following members
~'mt. 1i~f:~;$7!fi4:~~~~r-
;-~'l~~c,~ ~~;~~'t ~4
--4-h->. '1 (./ '- r..... /Qy
-
AAr.McCq<;;~ moved the adoption of the following Resolution:
WHEREAS, This Council in accordance with the provisions of law has previously
adopted a Tax Budgetfor the next succeeding fiscal year commencing January 1, 2007; and
WHEREAS, The Budget Commission of Franklin County, Ohio, has certified its
action thereon to this Council together with an estimate by the County Auditor of the rate of
each tax necessary to be levied by this Council, and what part thereof is without, and what
part within, the ten mill tax limitation; therefore, be it
~
RESOLVED, By the Council of the City of DUBliN
Franklin County, Ohio, that the amounts and rates, as determined by the Budget
Commission in its certification, be and the same are hereby accepted: and be it further
RESOLVED, That there be and is hereby levied on the tax duplicate of said City
the rate of each tax necessary to be levied within and without the ten mill limitation for tax year
2006 (collection year 2007) as follows:
.
SCHEDULE A
SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY PROVED BY THE
BUDGET COMMISSION, AND COUNTY AUDITOR'S ESTIMATED TAX RATES
County Auditor's
Amount to be Amount Approved Estimate of Full Tax
Derived from by Budget Rate to Be Levied
Levies Outside Commission Inside Outside
10 Mill Inside 10Mill 10 Mill 10 Mill
FUND Limitation Limitation Limit Limit
Parkland Acquisition $1,779,446.75 0.95
General Fund Charter
Bond Retirement
Bond Retirement Charter
Police Pension
Police Operating 544,247.75 1.20
Fire Pension
Fire Operating
Police/Fire Pension
Capital Improvement Charter 1,498,715.71 0.80
Road & Sidewalk Fund
TOTAL $544,247.75 $3,278,162.46 1.75 1.20
and be it further
RESOLVED, That the Clerk of this Council be and is hereby directed to certify a copy of
this Resolution to the County Auditor of said County.
.AA ,. . ~el'heY- seconded the Resolution and the roll being
called upon its adoption the vote resulted as follows:
Adopted the / R-f~ day of ~~ ;::rlel'h.ber- W
I
Attest: ~::M;;'vJ/bi;;. ~
~(?(Z~ DUBliN
Clerk of Council Franklin County, Ohio.
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.
. ..
.
CERl1FICATE OF COpy
ORIGINAL ON FILE
The State of Ohio, Franklin County, ss.
I, ar( he C- ~ I a.. rke..Clerk of the Council of the City of
DUBliN within andfor said County, and in whose
custody the Files and Records of said Council are required by the Laws of State of Ohio to be kept
do hereby certify that the foregoing is taken and copied from the original
f2.. L S () I tA-..f I '~ h '7;)-0(,
now on file, that the foregoing has been compared by me with said original
document, and that the same is a true and correct copy thereof
W7nvESSmysignawre,th~ /f-.M day of 't ) ~F:>-fen.. .b ('l"", 2006.
~CL~ -f
Clerk of Council
DUBliN
Franklin County, Ohio.
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017-1006
CITY OF DUBLIN Phone: 614-410-4400 Fax: 614-410-4490 Memo
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manage/ JVv-J.-J~5, ~~
Date: September 18, 2006
Initiated by: Marsha I. Grigsby, Deputy City Manager/Director of Finance
Re: Resolution No. 72-06 - A Resolution Accepting the Amounts and Rates and
Authorizing Tax Levies
Summary
Each year, the Franklin County Budget Commission determines the amount of property
taxes to be received based on the City's millage rates, both inside and outside the "10 mill
limit." The inside millage rate was established many years ago by the State and the outside
millage is based on the 1976 levy for police operations.
As you are aware, beginning in 2007 the property tax revenue generated from the inside
millage will be credited to the Capital Improvements Tax Fund for the improvement of the
US 33/State Route 161/Post Road interchange and the Parkland and Acquisition Fund to
acquire recreational facility sites, open space and parkland. A portion of the revenue
credited to the Parkland Acquisition Fund is utilized to retire debt issued in the past to
acquire parkland. The distribution of the inside millage is evaluated annually as part of the
tax budget process.
The adoption ofthis Resolution is required by Section 5705.34 of the Ohio Revised Code.
As stated in the attached correspondence from the Franklin County Budget Commission,
the adopted Resolution is to be filed with the Budget Commission on or before October 1.
Recommendation
Staff is recommending the adoption of Resolution No. 72-06 at the September 18, 2006
City Council meeting.
~ . .
Budget Commission
Franklin County . Ohio Richard Cordray
Tre as u rer
Ronald J. O'Brien
Pro:;ecuting Attorney
Joseph "V. Testa
TO: POLITICAL SUBDIVISIONS & LffiRARIES WITH A LEVY Auditor
\bfl- Kerri L. Ritchie
FROM: KERR! L. RITCHIE, CLERK Clerk
RE: OFFICIAL CERTIFICATE OF ESTIMATED RESOURCES
DATE: AUGUST 31, 2006
Enclosed are the following documents:
1. 2007 Official Certificate of Estimated Resources
2. Resolution Accepting the Amounts and Rates Authorizing the Necessary Tax Levies
Tbe resolution must be voted on and adopted by your respective governing body and
returned to this office on or before the first day of October._{9.R~. 57~?:.~~1 The amounts on
this resolution include the real property state reimbursement for rollback and homestead. In the event
your subdivision passes a levy in November and/or has a bond rate to be set by the Budget
Commission, an "Amended Resolution Accepting the Amounts and Rates Authorizing Necessary Tax
Levies" will be forwarded to you in late December.
The Real Estate & Public Utility tax levy revenue estimates appearing on your Official
Certificate are based on 2005 valuation data and new construction as of January 1, 2006. The revenue
estimates for the Personal Property tax levy are based upon 67% of the (2006) valuations. The Official
Certificate takes into account the "make whole" provisions as provided by the Ohio Department of
Taxation.
Levies expiring in 2006 have been removed. Levies to be voted on in November 2006 are not
included.
It should be noted that current tax revenue estimates may increase or decrease when actual
valuation and effective tax rate data become available in December.
If you have any questions, please do not hesitate to contact me at 462-3743 or 462-3211.
Enclosures
c/oCounlyAuJilor. 373 SOUlhHigh StrcC! . 2IstI!O(l[. ColuIlIhus.Ohio 43215-6310' (614)462-3211