71-08 OrdinanceRECORD OF ORDINANCES
71-OS
Orzlincrrrce No.
AN ORDINANCE APPROPRIATING A 1.761 ACRES,
MORE OR LESS, FEE SIMPLE INTEREST, AND A .413
ACRES, MORE OR LESS, TEMPORARY CONSTRUCTION
EASEMENT FROM THE POST-HYLANDS CO., 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 and a temporary construction easement in the premises described in the attached
Exhibit "A" and Exhibit "B", located in the City of Dublin, County of Franklin, State of
Ohio.
NOW, T1~IEREFORE, 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 and temporary construction easement in the premises owned
by The Post-Hylands Company located in the City of Dublin, State of Ohio, and more fully
described in the legal descriptions attached hereto as Exhibit "A" and Exhibit "B", 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 hundred eighty-
five thousand six hundred seventy dollars ($685,670) 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 ~2,7~-e tom, 2008.
Mayor -Presiding Officer
ATTEST:
~`_i i/l rV~ ~ \_
Clerk of Council
Parsed . ~0
~SCHOTTENSTEIN
ZOX & D U N N ~fl_«;;
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 28, 2008
RE: Ordinance No. 71-08 Appropriation -The Post-Hylands Co.
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 The Post-Hyland Company. 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 1.761 acres, more or less, fee simple interest,
and a .413 acres, more or less, temporary construction easement owned by The Post-Hylands
Company, 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.
Memo to Council re Ord. 71-08 Land Appropriation -Post Hylands Property
August 28, 2008
Page 2 of 2
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 hundred eighty-five thousand
six hundred seventy dollars ($685,670).
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 the landowner. 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. 71-08.
~zo:~,_
Columbus
Cleveland
Cineinnd0
'H1314029.1 }
250 West Street, Columbus. Ohio 43215-2538 ~ P.O. Box 165020, Columbus, OH 43216-5020 :, Voice: 614-462-2700 j Fax: 674-462-5135
EXHIBIT page i of 3
RX 252 ~ PID 80746
Rev. 09/06 PARCEL 99-WL
CTY-R7E-SEC UNI-33-24.87
Version Date 05/09/07
PARCEL 99-WL
UNI-33-24.87
ALL RIGHT, TITLE AND INTEREST HV 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 FRANKLRV, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 5.328 ACRE TRACT CONVEYED TO
THE POST-HYLANDS CO. BY DEED OF RECORD IN INSTRUMENT NUMBER 200703300055576,
RECORDS OF THE RECORDER'S OFFICE, FRANKLIN 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. ROUTE 33, AS ESTABLISHED BY A SURVEY MADE BY R.D.
ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBLRV, AND BEING LOCATED WITHIN THE
FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 99-WL;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE 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 SAID 5.328 ACRE TRACT, 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 POEVT AT THE COMMON CORNER OF SAID 5.328 ACRE
TRACT AND THE 2.009 ACRE TRACT CONVEYED TO DENNIS J. HOFFER BY DEED OF RECORD IN LN.
199809240243034;
THENCE SOUTH 75 DEG. 52 MIN. I7 SEC. WEST, A DISTANCE OF 242.89 FEET ALONG THE
COMMON LINE OF SAID 5.328 AND 2.009 ACRE TRACTS, TO AN IRON PIN SET IN THE NEW
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33, BEING 175.78 FEET LEFT OF
CENTERLINE STATION 1346+05.04, AND BEING THE POINT OF TRUE BEGINNING OF THE HEREIN
DESCRIBED PARCEL 99-WL;
THENCE CONTINUING SOUTH 75 DEG. 52 MIN. 17 SEC. WEST, A DISTANCE OF 69.58 FEET
ALONG THE COMMON LINE OF SAID 5.328 AND 2.009 ACRE TRACTS TO A POINT IN THE EXISTING
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33, AT A SOUTHWESTERLY CORNER OF
SAID 5.328 ACRE TRACT, BEING 107.37 FEET LEFT OF CENTERLINE STATION 1345+91.82;
EXHIBIT A Page? of 3
RX '?5? PID 80748
Rev. 09/06 PARCEL 99-WL
CTY-RTE-SEC Uti1-33-24.87
Versior. Date 05/09/07
THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EXISTING
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33 AND THE WESTERLY LINES OF SAID
5.328 ACRE TRACT;
I. THENCE NORTH 17 DEG. 06 MIN. 43 SEC. WEST, A DISTANCE OF 89.81 FEET TO AN
ANGLE POINT, BEING ] 18.00 FEET LEFT OF CENTERLINE STATION 1345+00.00;
2. .THENCE NORTH 21 DEG. 39 MIN. 59 SEC. WEST, A DISTANCE OF 258.59 FEET TO A
POINT ON A CURVE, BEING ] 18.00 FEET LEFT OF CENTERLINE STATION 1342+37.79;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3767.72 FEET, A
CENTRAL ANGLE OF 04 DEG. 44 MIN. 38 SEC., AN ARC LENGTH OF 31 1.95 FEET, THE
CHORD TO WHICH BEARS NORTH 18 DEG. 27 MIN. 50 SEC. WEST, A CHORD
DISTANCE OF 311.86 FEET, TO A POINT IN THE FRANKLIN /UNION COUNTY LINE,
AT A COMMON CORNER OF SAID 5328 AND 10.189 ACRE TRACTS; SAID POINT
BEING 130.91 FEET LEFT OF CENTERLINE STATION 1339+26.20;
THENCE SOUTH 87 DEG. 57 MIN. 12 SEC. EAST, A DISTANCE OF 270.37 FEET ALONG SAID
FRANKLIN /UNION COUNTY LINE, AND THE COMMON LINE OF SAID 5.328 AND 10.189 ACRE
TRACTS, TO AN IRON PIN SET IN THE NEW EASTERLY LIMITED ACCESS RIGH'P-OF-WAY LINE OF
U.S. 33, BEING 380.00 FEET LEFT OF CENTERLINE STATION 1340+31.33;
THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE NEW
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LNE OF U.S. 33 AND ACROSS SAID 5.328 ACRE
TRACT;
1. THENCE SOUTH 20 DEG. 35 MIN. ] 5 SEC. WEST, A DISTANCE OF 211.60 FEET TO AN
IRON PIN SET, BEING 240.00 FEE"F LEFT OF CENTERLINE STATION 1341+90.00;
2. THENCE SOUTH 06 DEG. 3I MIN. IS SEC. EAST, A DISTANCE OF 182.00 FEET TO AN
IRON PIN SET, BEING 195.00 FEET LEFT OF CENTERLINE STATION 1343+65.00;
3. THENCE SOUTH 18 DEG. l9 MIN. 39 SEC. EAST, A DISTANCE OF 227.96 FEET TO THE
POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 99-W L,
CONTAINING 1.761 ACRES, MORE OR LESS, OF WHICH THE PRESENT ROAD
OCCUPIES 0.000 ACRES, MORE OR LESS.
OF THE ABOVE DESCRIBED AREA, 1.761 ACRES ARE CONTAINED WITHIN FRANKLIN
COUNTY AUDITOR'S PARCEL 273-001905 .
ALL IRON PINS SET ARE 3/4 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 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, NAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "EGGS 5536", AND "EGGS 5534".
EXHIBIT A Page 3 of3
RX 252
Rev. 09/06 PAD 80748
PARCEL. 99- W ~
CTY-RTE-SEC UNI-33-24.87
Version Dale 05!09/07
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND IS BASED UPON A SURVEY FOR THE CITY OF DUBLIN FROM OC'COBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY THE INSTRUMENT OF RECORD TN INSTRUMENT NUMBER
200703300055576, OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PART THEREOF.
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NUMBER DUtEC710N DISTANCE
It 5 75'52'17' W 242.69'
L2 5 75'52'17' W 69.58'
L3 N iTD6'43" W 89.87'
L4 N 21'39'59" W 258.59'
L5 5 6757'72" E 270.37'
L6 S 20'35'15' W 271.6D'
L7 S 06'37'15" E 782.00'
L8 S 76'79'39' E 227.96'
L9 N 6757'12" W 216.75'
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273-D07907
0.685 ACRES
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NUMBER DELTA ANG. RADIUS ARC LEN CHORD DIRECTION CHORD
Ci 04'44'38" 3767.72' 311.95' N 78'2750" W 371.86' PARCEL 99-WL
UNI-33-24.87
5. G. La MYERS, LTD. THE POST-HYLANDS C~0`"" ~ Q F (, "~ ~ OF DUBUlf. FIGN6!!N CODNTY. OHIO
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EXHIBIT
RX 286 ~ PID
Rev. 09/06 s PARCEL
CTY-RTE-SEC
Version Date
PARCEL 99-T
UNI-33-24.87
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
REMOVE A DIRT PILE & REGRADE
FOR APPROXIMATELY 24 MONTHS FROM DATE OF ENTRY BY THE
STATE OF OHIO, DEPARTMENT OF TRANSPORTATION
Pa_ee 1 of?
80748
99-T
LRJI-33-24.87
05/09/07
Surveyor's description of the premises follows
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKL[N, CITY OF DUBLIN, LOCATED IN
VIRGINIA MILITARY SURVEY NO. 6748, BEING A PART OF THE 5.328 ACRE TRACT CONVEYED TO
THE POST-HYLANDS CO. BY DEED OF RECORD IN INSTRUMENT NUMBER 200703300055576,
RECORDS OF THE RECORDER'S OFFICE, FRANKLIN 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. ROUTE 33, AS ESTABLISHED BY A SURVEY MADE BY R.D.
ZANDE & ASSOCIATES, INC., FOR THE CITY OF DUBL[N, AND BEING LOCATED WITHIN THE
FOLLOWING DESCRIBED BOUNDARY POINTS OF PARCEL 99-T;
BEGINNING FOR REFERENCE AT A RAILROAD SPIKE FOUND IN THE CENTERLINE OF
LIGGETT ROAD, BEING THE COMMON LRvE OF VIRGINIA MILITARY SL`RVEYS 6748 AND 3452, AT
THE INTERSECTION OF THE FRANKLIN /UNION COUNTY LINE, AND BEING THE NORTHEASTERLY
CORNER OF SAID 5.328 ACRE TRACT, AND THE SOUTHEASTERLY CORNER OF THE 3 0. ] 89 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN OFFICIAL RECORD 695, PAG£
579 (UNION COUNTY RECORDER'S OFFICE);
THENCE NORTH 87 DEG. 57 MIN. 12 SEC. WEST, A DISTANCE OF 151.03 FEET ALONG THE
FRANKLIN /UNION COUNTY LINE, AND THE COMMON LINE OF SAID 5.328 AND 10.189 ACRE
TRACTS, TO A POINT BEING 440.00 FEET LEFT OF CENTERLINE STATION 1340+56.65, AND BEING
THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 99-T;
TRACT;
THENCE THE FOLLOWING TWO (2) COURSES AND DISTANCES ACROSS SAID 5.328 ACRE
I. THENCE SOUTH 09 DEG. 45 MIN. 59 SEC. EAST, A DISTANCE OF 156.25 FEET TO A
POINT, BEING 4 S 0.00 FEET LEFT OF CENTERLINE STATION 1342+10.00;
2. THENCE SOUTH 83 DEG. 52 MIN. 31 SEC. WEST, A DISTANCE OF 157.52 FEET, TO A
POINT IN THE NEW EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF U.S. 33
(PARCEL 99-WL), BEING 257.65 FEET LEFT OF CENTERLINE STATION 13411-70.00;
THENCE NORTH 20 DEG. 35 MIN. 15 SEC. EAST, A DISTANCE OF 184.93 FEET ALONG THE
NEW EASTERLY LIMITED ACCESS RIGHT-OF-WAY LRv'E OF U.S. 33 (PARCEL 99-WL), AND ACROSS
SAID 5.328 ACRE TRACT, TO AN IRON PIN SET IN THE FRANKLIN /UNION COUNTY LINE, AND THE
COMMON LINE OF SAID 5.328 AND 10.189 ACRE TRACTS; SAID IRON PIN BEING 380.00 FEET LEFT OF
CENTERLINE STATION 1340+3133;
THENCE SOUTH 87 DEG. 57 MIN. 12 SEC. EAST, A DISTANCE OF 65.13 FEET ALONG THE
FRANKLIN /UNION COUNTY LINE, AND THE COMMON LINE OF SAID 5.328 AND I O.I89 ACRE
TRACTS, TO THE POINT OF TRUE BEGINNING OF THE HEREIN DESCRIBED PARCEL 99-T,
CONTAINING 0.413 ACRES, MORE OR LESS.
RX ?86
Rev. 09:06
EXHIBIT A
PID
PARCEL
CTY-RTE-SEC
Version Date
Paee 2 of?
80748
99-T
UNI-i3-?4.87
05/09/07
OF THE ABOVE DESCRIBED AREA, 0.413 ACRES ARE CONTAINED WITHPv FRANKLIN
COUNTY AUDITOR'S PARCEL 2T-001905 .
ALL IRON PINS SET ARE 3/4 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 PROJECT ARE BASED UPON STATE PLANE GRID
BEARINGS FROM THE OHIO COORDINATE SYSTEM, SOUTH ZONE, 1VAD 83 (86), AS MEASURED
USING G.P.S. METHODS THROUGH THE FRANKLIN COUNTY ENGINEER'S STATIONS "FRANK 72",
"FRANK 172", "FCGS 5536", AND "FCGS 5534".
THIS DESCRIPTION WAS PREPARED BY STEVEN E. RADER, REGISTERED SURVEYOR 7191,
AND IS BASED liPON .A SURVEY FOR THE CITY OF DUBLFN FROM OCTOBER, 2005 TO MARCH, 2006
BY R. D. ZANDE AND ASSOCIATES, INC., UNDER THE DIRECTION OF SAID SURVEYOR.
GRANTOR CLAIMS TITLE BY 7HE INSTRUMENT OF RECORD IN iNSTRU'MENT NUMBER
200703300055576, OF THE RECORDER'S OFFICE, FRANKLN COUNTY, OHIO.
THIS TEMPORARY EASEMENT IS FOR THE PURPOSE OF PERFORMING THE WORK
NECESSARY TO REMOVE A DIRT PILE AND TO REGRADE THE AREA.
A DRAWING OF THIS DESCRIPTION IS ATTACHED HERETO AND MADE PAR'FTHEREOF.
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REGISTEREDSliRVEYORN0.7191 DATE
NUMBER DIRECTION DISTANCE
Lt N 8757'12" W 151.03'
i2 S 09'45'59" E 156.25'
L3 S BS52'31" W 757.52'
L4 N 20'35'75' E 184.93'
!5 5 8757'72' E 65.73'
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