62-08 OrdinanceRECORD OF ORDINANCES
Ot~ditaance Nn.
62-08
Passed , 20
AN ORDINANCE APPROPRIATING THE FOLLOWING FROM
JOHN L. WIRCHANSKI: A 4.651 ACRES, MORE OR LESS, FEE
SIMPLE INTEREST LOCATED ON THE SOUTH CORNER OF
MEMORIAL DRIVE, NORTHWEST OF THE U.S. 33/S.R. 161
INTERCHANGE, TOWNSHIP OF JEROME, COUNTY OF UNION,
STATE OF OHIO; A 13.115 ACRES, MORE OR LESS, FEE SIMPLE
INTEREST LOCATED AT THE NORTHEAST INTERSECTION OF
INDUSTRIAL PARKWAY AND S.R. 161, TOWNSHIP OF JEROME,
COUNTY OF UNI01\T, STATE OF OHIO; A 1.740 ACRES, MORE OR
LESS, FEE SIMPLE INTEREST LOCATED ON THE WEST SIDE OF
HYLAND-CROY ROAD, NORTH OF THE POST ROAD/U.S. 33
INTERCHANGE, 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", Exhibit "B", and
Exhibit "C" located in the Township of Jerome, County of Union, State of Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, ~ of the elected members concurring that:
Section 1. A fee simple interest in and to the premises owned by John L. Wirchanski
located in the Township of Jerome, County of Union, State of Ohio, and more fully described
in the legal descriptions attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C" is
hereby appropriated for the public purpose of improving the US 33/SR 161/Post Road
interchange, pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of
Ohio.
Section 2. Council hereby fixes the value of the interest appropriated at six million eight
hundred eighty-one thousand one hundred twenty-eight dollars ($6,881,128) which sum shall
be deposited with the Union County Court of Common Pleas, for the use and benefit of the
owners of the property appropriated as their interests 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 Court of Common Pleas, 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 US 33/SR 161/Post Road interchange is
necessary to improve traffic circulation and relieve traffic congestion for the citizens of
Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this f--B-~-- day of , 2008.
Mayor -Presiding Officer
ATTEST:
~.~YL/k-
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 ofEngineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: August 12, 2008
RE: Ordinance No. 62-08 Appropriation -John L. Wirchanski Property
U.S. Highway 33 and State Route 161 Interchange Improvement Project
INTRODUCTION:
This Ordinance is a follow-up to the Resolution passed by Council regarding this same property
at the August 4, 2008 meeting. By way of background, the Resolution authorized the City to
pursue all the necessary legal requirements to review the possible appropriation of property
owned by John L. Wirchanski. The purpose of this Ordinance is to authorize the Law
Department to pursue an eminent domain action in the appropriate Court of Common Pleas if,
through good faith negotiations, the City cannot settle with the landowner.
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 land acquisition from John L. Wirchanski consisting of three fee
simple interests. The first is a 4.651 acres, more or less, fee simple interest located on the south
corner of Memorial Drive, northwest of the U.S. 33/S.R. 161 Interchange, Township of Jerome,
County of Union, State of Ohio. The second is a 13.115 acres, more or less, fee simple interest
located at the northeast intersection of Industrial Parkway and S.R. 161, Township of Jerome,
County of Union, State of Ohio. The third is a 1.740 acres, more or less, fee simple interest
Memo to Com3cil re Ord. 62-08 -Land Approp. -Wirchanski Property
August 14, 2008
Page 2 of 2
located on the west side of Hyland-Croy Road, north of the Post Road/U.S. 33 interchange,
Township of Jerome, County of Union, State of Ohio.
ACTION TAKEN IN THIS CASE:
Since the year 2006, the Law Department has been in contact with the landowner to inform the
landowner of the upcoming construction and effect of the interchange improvement to the
property. A title search was conducted and the appraisal for this property is complete. The
appraiser determined the fair market value of the property as six million eight hundred eighty-
one thousand one hundred twenty-eight dollars ($6,881,128).
The Law Department engaged M/E Companies (Mr. James Howard) to negotiate the acquisition
with the landowner. Mr. Howard has presented the offer of compensation to Mr. Wirchanski.
To date, the offer has not been accepted. As such, this Ordinance was prepared to authorize the
City, through Che Law Department, to allow for litigation in which the compensation to the
landowner will be determined should settlement not be forthcoming.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 62-08.
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EXHIBIT
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RX?50 $ T1 PID 80748
Rev. 09/06 $ / 1 PARCEL 71-WD
C'fY-R'I'f>SEC Uh'I-Ibl-12.96
Version Dale 01/09/08
PARCEL 71-WD
UNI-161-12.98
ALL RICHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
WITHOUT LIMITATION OF EXISTING ACCESS OF RIGFITS
Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all
existing rights of ingress and egress to and from any residual area (as used herein, the expression
"Grantor/Owner" includes the plural, and words in the masculine include the feminine or neuter).
(Surveyor's description of [he premises follows)
SITUATED IN THE STATE OF OHIO, COUNTY OF UNION, JEROME TOWNSHIP, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6420, BEING ALL OF THE 4.653 ACRE TRACT (TRACT 11)
CONVEYED TO JOHN L. WIRC}IAINSKI BY DEED OF RECORD IN DEED BOOK 305, PAGE 88,
RECORDS OP THE RECORDER'S OFFICE, UNION COUNTY, OI-110, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF
HYLAND - CROP ROAD, AT T}IE COMMON CORNER OF VIRGINIA MILITARY SURVEY NUMBERS
6420 AND 6748;
THENCE SOUTH 84 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 2309.19 FEET, ALONG THE
COMMON L[NE OF SAID VIRGINIA MILITARY SURVEY NUMBERS 6420 AND 6748, TO AN IRON PIN
SET IN THE EXISTING SOUTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL
PARKWAY AS DHLINEATED UPON THE STATE OF OHIO RIGHT-OF-WAY PLAN UNI-33-(23.34-23.65),
FRA-33-(0.00-2.88), AS PARCEL NO. t (PERPETUAL HIGHWAY F,ASEMENT, ACCESS LIMITED),
CONVEYED TO THE STATE OF OHIO BY COURT OF COMMON PLEAS CASE NO. 16765, CLERK OF
COURTS OFFICE, UNION COUNTY, OHIO, AT THE INTERSECTION OF THE NORTHERLY LINE OF TFIE
1.52 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD. BY DEED OF RECORD IN OFFICIAL
RECORD t40, PAGE 157, AND AT THE SOUTHEASTERLY CORNER OF SAID TRACT It; SAID IRON PIN
BEING THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 71-W D;
THENCE SOUTH 84 DEG. SO MIN. 41 SEC. WEST', A DISTANCE OF 435.64 FEET ALONG THE
SOUTHERLY LINE OF SAID TRACT II AND THE NORTHERLY LINE OF SAID 1.52 ACRE TRACT AND
THE 1.124 ACRE TRACT CONVEYED TO THE ASMAN LAND CO., LTD. BY DEED OF RECORD IN
OFFICIAL RECORD 140, PAGE 154, TO STONE FOUND AT THE COMMON CORNER OF SAID TRACT II
AND THE 5.000 ACRE TRACT CONVEYED TO JEROME 1 ASSOCIATES, LTD., BY DEED OF RECORD IN
OFFICIAL RECORD 144, PAGE 334;
THENCE NORTH OS DEG. 20 MIN. I4 SEC. WEST, A DISTANCE OF 399.99 FEET ALONG THE
WESTERLY LINE OF SAID TRACT ft AND T}1E EASTERLY LINE OF SAID JEROMF- t ASSOCIATES, LTD.
5.000 ACRE TRACT AND THE 5.000 ACRE TRACT CONVEYED "FO RONALD E. AND GLORIA I.
DEWOLF BY DEED OF RECORD M OFFICIAL RECORD IN 144, PAGE 336, TO A REBAR FOUND AT THE
COMMON CORNER OF SAID DEWOLF 5.000 ACRE TRACT AND I.OT I OF THE AMENDED JEROME
INDUSTRIAL PARK OF RECORD IN PLAT BOOK 4, PAGE 72, AS CONVEYED TO RONALD E. AND
GLORIA f. DEWOLF BY DEED OF RECORD IN DEED BOOK 279, PAGE 42;
THENCE NORTH OS DEG. 19 MIN. 08 SEC. WEST, A DISTANCE OF 553.13 FEET ALONG THE
COMMON LINE OF SAID TRACT II AND SAID LOT I, TO AN IRON PIN SET IN SAID EXISTING
SOUTHWESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY, AT THE
NORTHERLY CORNER OF SAID TRACT II, BEING 40.00 FEET SOUTHWESTERLY OF, AS MEASURED
BY RIGHT ANGLES, THE EXISTING CENTERLINE OF INDUSTRIAL PARKWAY;
EXHIBIT A Page z of 2
RX?60 PID 80748
Rev. 09/06 PARCEL 71-WD
CfY~RTESGC UKI-161~129R
Version Dale 01!09.08
THENCE THE FOLLOWING FIVE (6) COURSES AND DISTANCES ALONG SAID
NORTHEASTERLY LINE OF THE 4,653 ACRE TRACT AND SAID EXISTING SOUTHWESTERLY
LIMITED ACCESS RIGHT-OF-WAY LINE OF INDUSTRIAL PARKWAY;
i. THENCE SOUTH 28 DEG. 49 MIN. 29 SEC. EAST, A D]STANCE OF 563.03 FEET, TO A
POINT OF CURVATURE; SAID POINT BEING LOCATED NORTH 65 DEG. 10 MIN. 35
SEC. EAST, A DISTANCE OF 5.29 FEET FROM A CONCRETE RIGHT-OF•WAY
MONUMENT FOUND;
2. THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 6183.83 FEET, A
CENTRAL ANGLE OF 02 DEG. 19 MIN. I8 SEC., AN ARC LENGTH OP 250.56, THE
CHORD TO WHICH BEARS SOUTH 30 DEG. 29 MIN. 40 SEC. EAST, A CHORD
DISTANCE OF 250.55 FEET TO AN IRON PIN SET;
3. TFIENCE SOUTH 51 DEG. 13 MIN. 43 SEC. EAST, A DISTANCE OF 26.69 FEET, TO AN
IRON PIN SET;
4. THENCE SOUTH 29 DEG. 28 MIN. 38 SEC. EAST, A DISTANCE OF 115.88 FEET, TO AN
IRON PIN SET;
THENCE SOUTH 28 DEG. 55 MIN. 50 SEC. EAST, A DISTANCE OF' 94.95 FEET, "FO 'THE POINT
OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 71-WD, CONTAINING 4.651 ACRES,
MORE OR LESS, OF WHICH THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 4.651 ACRES ARE CONTAINED WITHIN UNION COUNTY
AUDITOR'S PARCEL 17.0031031.001, AND AS SHOWN ON UNION COUNTY GIS MAP NUMBER 146-00-
00-028.000.
ALL IRON PINS SET ARE 3/4 INCHES IN DIAMETER BY 30 INCHES LONG, WITH A PLASTIC
CAP STAMPED "R. D. ZANDE".
THE BEARINGS FOR THE UNI-161-12.98 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYS?EM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGE-1 THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "FCGS 5536", AND "F'CGS 5534".
THIS DESCRIPTION WAS BY STEVEN E. RADER, REGISTERED SURVEYOR 719t,;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 TFIE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD (N DEED BOOK 305, PAGE 88,
OF THE RECORDER'S OFFICE, UNION COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
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REGISTERED SURVEYOR NO. 7191 DATE
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