65-08 OrdinanceRECORD OF ORDINANCES
65-08
Ordiruu~ce No. Passed , 20
AN ORDINANCE APPROPRIATING A .412 ACRES, MORE OR
LESS, FEE SIMPLE INTEREST FROM DENNIS J. HOFFER,
SAID ACREAGE LOCATED ON THE WEST SIDE OF
LIGGETT ROAD, ADJACENT TO U.S. 33 AND JUST SOUTH
OF POST ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
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 the premises described in the attached Exhibit "A", located in the City of Dublin,
County of Franklin, 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 the premises owned by Dennis J. Hoffer located in the City
of Dublin, State of Ohio, and more fully described in the legal description attached hereto as
Exhibit "A" 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 eighty-two thousand
four hundred thirty dollars ($82,430) which sum shall be deposited with the Franklin 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 Franklin
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 ~~ day of , 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~SCHOTTENSTEIN
ZOX& D U N N CO.,LPA
MEMORANDUM
ww.SZD.com
Columbus
Cleveland
Cincinnati
TO: Dublin City Council
Jane S. Brautigam, City Manager
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
FROM: Stephen J. Smith, Law Director
Philip K. Hartmann, Assistant Law Director
DATE: August 14, 2005
RE: Ordinance No. 65-08 Appropriation -Dennis J. Hoffer
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 Dennis J. Hoffer. 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 "Pardo 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 the acquisition of a fee simple interest owned by Dennis J. Hoffer,
of .412 acres, more or less, located on the west side of Liggett Road, adjacent to U.S. 33 and just
south of Post Road, City of Dublin, County of Franklin, State of Ohio.
{Ht3037t3.t }
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
~SCHOTTENSTEIN
ZOX & D U N N CO..LPA
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 eighty-two thousand four hundred
thirty dollars ($82,430).
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 Mr. Hoffer. To date,
the offer has not been accepted. As such, this Ordinance was prepared to authorize the City,
through the 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. 65-08.
ww.SZD.com
Columbus
Cleveland
Cincinn:__'
{H7303773.7 }
250 West Street, Columbus, Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 ~ Voice: 614-462-2700 ~ Fax: 614-462-5135
EXHIBIT
Page I of 3
RX 252 PID 80748
Rev. 09/06 PARCEL 100-WI-
CTY-RTE-SEC UNI-33-24.87
Version Date 05/09/07
PARCEL 100-WL
UNI-33-24.87
ALL RIGHT, TITLE AND INTEREST IN FEE SIMPLE
IN THE FOLLOWING DESCRIBED PROPERTY
INCLUDING LIMITATION OF ACCESS
Grantor/Owner, his heirs, executors, administrators, successors and assigns forever, are hereby divested
of any and all abutter's rights, including access rights in, over and to the within described real estate,
including such rights with respect to any highway facility constructed thereon (as used herein, the
expression "Grantor/Owner" includes the plural, and words in the masculine include the feminine or
neuter).
[Surveyor's description of the premises follows)
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 2.009 ACRE TRACT CONVEYED TO
DENNIS J. HOFFER BY DEED OF RECORD IN INSTRUMENT NUMBER 199809240243034, RECORDS OF
THE RECORDER'S OFFICE, FRANKLY] COUNTY, OHIO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEING A PARCEL OF LAND LYING ON THE LEFT SIDE OF THE CENTERLINE OF RIGHT-OF-
WAY AND CONSTRUCTION OF U. S. ROUT£ 33, AS ESTABLISHED BY A SURVEY MADE BY R.D.
ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLIN, AND BEING LOCATED WITHIN THE
FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 100-WL;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLNE OF
LIGGETT ROAD, BEING THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6748 AND 3452, AT
THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE, AND BEING THE NORTHEASTERLY
CORNER OF THE 5.328 ACRE TRACT CONVEYED TO THE POST-HYLANDS CO. BY DEED OF RECORD
I1d INSTRUMENT NUMBER 200703300055576, AND THE SOUTHEASTERLY CORNER OF THE 10.189
ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 695,
PAGE 579 (UNION COUNTY RECORDER'S OFFICE);
THENCE SOUTH 04 DEG. 03 MIN. 26 SEC. EAST, A DISTANCE OF 529.63 FEET (PASSING A 3 / 4
INCH IRON PIN FOUND AT A DISTANCE OF 388.22 FEET) ALONG SAID CENTERLINE OF LIGGETT
ROAD, THE COMMON LINE OF VIRGINIA MILITARY SURVEYS 6748 AND 3452, AND THE EASTERLY
LINE OF SAID 5.328 ACRE TRACT TO A POINT AT THE COMMON CORNER OF SAID 5.328 ACRE
TRACT AND SAID 2.009 ACRE TRACT;
THENCE CONTINUING SOUTH 04 DEG. 03 MIN. 26 SEC. EAST, A DISTANCE OF 366.51 FEET
ALONG SAID CENTERLINE OF L[GGETT ROAD, THE COMMON LINE OF VIRGINIA MILITARY
SURVEYS 6748 AND 3452, TO A RAILROAD SPIKE FOUND AT THE COMMON CORNER OF SAID 2.009
ACRE TRACT AND THE 0.685 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN, OHIO, BY DEED OF
RECORD IN OFFICIAL RECORD 6769, PAGE B07;
THENCE SOUTH 81 DEG. 14 MIN. 43 SEC. WEST, A DISTANCE OF 133.65 FEET ALONG THE
COMMON L[TQE OF SAID 2.009 AND 0.685 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW
NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33 AND THE NORTHEASTERLY
LINE OF AN EXISTING CHANNEL EASEMENT (PARCEL 89 X-2) DELINEATED UPON THE STATE OF
O}iI0 RIGHT-OF-WAY PLAN UNI-33-20.23, FRA-33-0.00, ON FILE WITH THE OHIO DEPARTMENT OF
TRANSPORTATION, DISTRICT 6, BEING 140.00 FEET LEFT OF CENTERLINE STATION 1349+69.40, AND
BEING TFIE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 100-WL;
EXHIBIT A Paso z os3
RX 25? PID 60748
Rev. 09/06 PARCEL 100-WL
CTY-RTE-SEC U?J [-3i-24.87
Version Date 05!09/07
THENCE CONTINUING SOUTH 81 DEG. 14 MIN. 43 SEC. WEST, A DISTANCE OF 39.70 FEET
ALONG THE COMMON LINE OF SAID 2.009 AND 0.685 ACRE TRACTS TO A POINT ON A CURVE [N
THE EXISTING NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LIN£ OF U.S. 33, AT A
SOUTHWESTERLY CORNER OF SAID 2.009 ACRE TRACT, BEING 103.00 FEET LEFT OF CENTERLINE
STATION 1349+54.55;
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE EXISTING
NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33 AND THE SOUTHWESTERLY
LINES OF SAID 2.009 ACRE TRACT;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3803.62 FEET A
CENTRAL ANGLE OF 04 DEG. 50 MIN. 00 SEC., AN ARC LENGTH OF 320.86 FEET, THE
CHORD TO WHICH BEARS NORTH 27 DEG. 29 MIN. 04 SEC. WEST, A CHORD
DISTANCE OF 320.77 FEET TO AN ANGLE POINT, BEING 103.00 FEET LEFT OF
CENTERLINE STATION ] 346+25.00;
2. THENCE NORTH 17 DEG. 06 MIN. 43 SEC. WEST, A DISTANCE OF 32.58 FEET TO A
POINT AT THE COMMON CORNER OF SAID 5.328 AND 2.009 ACRE TRACTS, BEING
i 07.37 FEET LEFT OF CENTERLINE STATION 1345+91.82;
THENCE NORTH 76 DEG. 52 MIN. 17 SEC. EAST, A DISTANCE OF 69.58 FEET ALONG THE
COMMON LINE OF SA]D 5.328 AND 2.009 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW
NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33, BEING 175.78 FEET LEFT OF
CENTERLINE STATION 1346+05.04;
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ALONG THE NEW
NORTHEASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33 AND ACROSS SAID 2.009 ACRE
TRACT;
1. THENCE SOUTH 18 DEG. I9 MIN. 39 SEC. EAST, A DISTANCE OF 247.21 FEET TO AN
IRON PIN SET IN THE NORTHEASTERLY LINE OF SAID EXISTING CHANNEL
EASEMENT, BEING ]40.00 FEET LEFT OF CENTERLNE STATION 1348+60.00;
2. THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 3766.62 FEET, A
CENTRAL ANGLE OF 01 DEG. 36 MIN. 16 SEC., AN ARC LENGTH OF !05.48 FEET, THE
CHORD TO WHICH BEARS SOUTH 29 DEG. 19 MIN. 00 SEC. EAST, A CHORD
DISTANCE OF 105.48 FEET TO THE POINT OF TRUE BEGINNING OF THE HEREIN
DESCRIBED PARCEL 300-WL, CONTAINING 0.412 ACRES, MORE OR LESS, OF WHICH
THE PRESENT ROAD OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 0.412 ACRES ARE CONTARVED WITHIN FRANKLIN
COUNTY AUDITOR'S PARCEL 273-001894 .
ALL IRON PINS SET ARE 314 INCHES IN DIAMETER BY 30 INCHES LONG WITH AN
ALUMINUM CAP. BEARING THE NAME ODOT R/W AND R.D. ZANDE & ASSOCIATES.
ALL STATION AND OFFSET REFERENCES ARE TO THE AFOREMENTIONED CENTERLINE OF
RIGHT-OF-WAY AND CONSTRUCTION OF U.S. ROUTE 33, UNLESS OTHERWISE SHOWN.
THE BEARINGS FOR THE UNI-33-24.87 PROTECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM TIDE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
US[IVG G.F.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "FCGS 5536", AND "FCGS 5534".
EXHIBIT A Paee 3 of 3
RX 2S2 Pm 80748
Rev. 09/06 PARCEL 100-WL
CTY-RTE-SEC WI-33-?4.87
Version Date 05/09/07
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND [S BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, TNC., UTiDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD IN INSTRUMENT NLiMBER
199809240243034, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION !S ATTACHED HERETO AND MAD£ PART THEREOF.
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