Ordinance 46-11RECORD OF ORDINANCES
Dayton Legal Blank._ Inc. Fm \o. 30043
Ordinance No
46 -11
AN ORDINANCE AUTHORIZING SETTLEMENT IN
THE LITIGATION CITY OF DUBLIN v. THE POST
HYLANDS CO., CASE NO. 11 AP- 219/08CV -17957
Passed
20
WHEREAS, the City of Dublin ( "Dublin "), on December 17, 2008, appropriated
property from the Post Hylands Co. ( "Post Hylands ") through the Franklin County
Court of Common Pleas in order to construct an interchange at U.S. Highway 33
and State Route 161 (the "Project "); and
WHEREAS, Dublin specifically appropriated a 1.761 acre, more or less, fee
simple interest (of which .670 acres, more or less, is present road occupied), and
a 0.413 acre, more or less, temporary construction easement from Post Hylands
on Franklin County Auditor Parcel No. 273 - 001905; and
WHEREAS, Dublin appropriated the aforementioned property interests for Six
Hundred Eighty-Five Thousand Six Hundred Seventy Dollars ($685,670.00); and
WHEREAS, Dublin and Post Hylands have agreed to a settlement in their
litigation, Case No. 11AP- 219/08CV -17957 whereby Dublin will acquire all of
Franklin County Auditor Parcel No. 273 - 001905 for an additional One Hundred
Thousand Dollars ($100,000.00).
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, —q-i- of the elected members concurring that:
Section 1. Dublin is hereby authorized to settle its lawsuit against Post Hylands,
Case No.11AP- 219/08CV- 17957.
Section 2. Dublin, through its settlement with Post Hylands, shall acquire the
entirety of Franklin County Auditor Parcel No. 273 - 001905 for an additional One
Hundred Thousand Dollars ($100,000.00) over and above the Six Hundred Eighty-
Five Thousand Six Hundred Seventy Dollars ($685,670.00) already paid to Post
Hylands for Dublin's appropriation of the specific property interests described
herein.
Section 3. This Ordinance shall go into effect as of the earliest date permitted
by law.
Passed this day of a°YY -, 2011.
Mayor - Pre i ing Officer
ATTEST:
Clerk of Council
SZD
MEMORANDUM
TO
Dublin City Council
Marsha I. Grigsby, City Manager
Paul A. Hammersmith, PE, Director of Engineering /City Engineer
FROM
Stephen J. Smith, Law Director
Asim Z. Haque
DATE:
August 16, 2011
RE:
Ordinance No. 46 -11
33/161 Interchange Project
The Post Hylands Co. (Parcel 99) - Settlement
BACKGROUND:
Ordinance No. 46 -11 is being introduced to settle an eminent domain lawsuit between the City of
Dublin ( "City ") and the Post Hylands Co. ( "Post Hylands "). The City filed an eminent domain
lawsuit against Post Hylands in order to appropriate property in furtherance of the 33/161
interchange project. The City and Post Hylands have now come to amicable terms to settle their
lawsuit pending approval from City Council.
CASE HISTORY:
The City filed an eminent domain lawsuit against Post Hylands on December 17, 2008. Through
that lawsuit, the City appropriated a 1.761 acre, more or less, fee simple interest and a 0.670
acre, more or less, temporary construction easement in furtherance of the 33/161 interchange
project. The acreage appropriated by the City is located in Franklin County, parcel no. 273-
001905. The City and the Ohio Department of Transportation created parcel designations for
each of the parcels involved in the interchange project, and the parcel that is the subject of this
ordinance was given the designation "Parcel 99 ".
As the City determined that it will not be constructing the 33/161 interchange as initially
scheduled, the City abandoned its lawsuit against Post Hylands under an allowable mechanism
set forth in the Ohio Revised Code. After a prolonged debate between the City and Post Hylands
as to whether the City had the right to abandon its appropriation, the Franklin County Court of
Common Pleas ruled in favor of the City, thereby allowing the City to abandon its appropriation
lawsuit against Post Hylands. Post Hylands appealed that decision to the Tenth District Court of
Appeals.
During the pendency of the appeal, the City and Post Hylands reached an agreement to settle the
lawsuit, subject to approval by City Council. The City would acquire the remainder of Franklin
County parcel no. 273 - 001905 for $100,000. The tables below sets forth the details of the initial
appropriation and the agreed upon settlement.
Memo re. Ordinance 46 -11 — Post Hylands Co.
August 18, 2011
Page Two
DETAILS OF SETTLEMENT:
The original appropriation and the remainder being acquired are visually depicted in the attached
map.
The details of the initial appropriation were as follows:
Action
Property Interests
I Cost
Initial Appropriation
December 17, 2008
1.761 f Fee Simple Interest
0.670 f Temporary Easement
Dublin's Appraised Amount:
$685,670
The details of the settlement are as follows:
Action
Property Interests
Cost
Settlement
Remaining 3.567 f Acres of
$100,000
Franklin County Parcel No.
273 - 001905
Dublin's appraised amount for the property interests appropriated in 2008 was $685,670. Dublin
is acquiring the remainder of Franklin County Parcel No. 273- 001905, an area twice the size of
the area originally appropriated, for only $100,000 more. The interchange project is not included
in the City's current 2011 -2015 Capital Improvements Program (CIP) or the proposed 2012 -2016
CIP that is currently being reviewed by City Council; however, at some point in the future, the
interchange will need to be improved. Settlement of the case will result in the acquisition of the
necessary right -of -way needed for the future project.
ACTION TO BE AUTHORIZED BY ORDINANCE:
Ordinance No. 46 -11 would authorize the City Manager and the City Law Director to settle the
Post Hylands litigation pursuant to the terms set forth above, Case No. 11 AP- 219/08CV- 17957.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 46 -11 for the reasons already stated in this
memorandum.
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