Explanation
AN08-008
BACKGROUND: This ordinance approves the acceptance of certain territory (AN08-008) by the City. The Ohio Revised Code stipulates that the once an annexation has been approved, it must be accepted by the receiving municipality within 120 days (but not sooner than 60 days) of receipt by the City Clerk of the approval notice from the county. This petition was filed on May 7, 2008. City Council approved a service ordinance addressing the site on May 19, 2008. Franklin County approved the annexation on June 10, 2008 and the City Clerk received notice on June 23, 2008.
FISCAL IMPACT: Provision of the stated services does represent cost to the City, however the annexation of land also has the potential to create revenue to the city.
Title
To accept the application (AN08-008) of 3728 Agler Road LLC for the annexation of certain territory containing .29 ± acres in Mifflin Township.
Body
WHEREAS, a petition for the annexation of certain territory in Mifflin Township was duly filed on behalf of 3728 Agler Road LLC on May 7, 2008; and
WHEREAS, the said petition was duly considered by the Board of County Commissioners of Franklin County, Ohio, and the annexation of said hereinafter described territory to the city of Columbus was approved by said Commissioners by order dated June 10, 2008; and
WHEREAS, the Board of County Commissioners of Franklin County certified the transcript of the proceedings in connection with the said annexation with the map and petition required in connection therewith to the City Clerk who received the same on June 23, 2008; and
WHEREAS, sixty days from the date of said filing have now elapsed in accordance with the provisions of the Ohio Revised Code; and
WHEREAS, it is in the best interest of the city of Columbus to accept the annexation of the territory sought to be annexed by the aforesaid petition; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the proposed annexation as applied for in the petition of 3728 Agler Road LLC being the majority of owner(s) of real estate in the territory sought to be annexed and filed with the Board of County Commissioners of Franklin County, Ohio on May 7, 2008 in which said petition prayed for annexation to the city of Columbus, Ohio, of certain territory adjacent thereto as hereinafter described, and which said petition was approved for annexation to the city of Columbus by the Board of County Commissioners by order dated June 10, 2008, be and the same is hereby accepted and said territory is hereby annexed to the city of Columbus. Said territory is described as follows:
Situated in the State of Ohio, County of Franklin, Township of Mifflin, in Quarter Township 2, Township 1, Range 17, United States Military Lands, as conveyed to 3728 Agler Rd. LLC as shown of record in Instrument Number 200701040002294, Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's Office, unless otherwise noted) and being more particularly described as follows:
Commencing at the centerline intersection of Stelzer Road with Agler Road;
Thence, along the centerline of said Agler Road, easterly, approximately 175 feet to a point at the southwest corner of the Franklin County Commissioners 0.092 Acre tract as conveyed in Official Record Volume 10618 D-20 and in an existing City of Columbus Corporation Line as established by Ordinance # 43-2007 recorded in Instrument Numbers 200705150084538 and 200705150084542;
Thence, along the west line of said 0.092 Acre tract, the west line of the Franklin County Commissioners 0.023 Acre tract as conveyed in Instrument Number 200507210144396, part of an easterly Corporation Line of said Ordinance # 43-2007 and part of the east line of an existing City of Columbus Corporation Line as established by Ordinance # 1050-96 recorded in Official Record Volume 32248 F-06, northerly, approximately 50 feet (passing the northerly Corporation Line of said Ordinance # 43-2007 at approximately 25 feet) to the southwest corner of said 3728 Agler Rd. LLC tract, in the north line of said Agler Road and being the TRUE POINT OF BEGINNING of the herein described tract;
Thence, along the west line of said 3728 Agler Rd. LLC tract and part of the existing Corporation Line of said Ordinance # 1050-96, northerly, approximately 125 feet to the northwest corner of said 3728 Agler Rd. LLC tract;
Thence, along the north line of said 3728 Agler Rd. LLC tract, easterly, approximately 100 feet to the northeast corner of said 3728 Agler Rd. LLC tract;
Thence, along the east line of said 3728 Agler Rd. LLC tract, southerly, approximately 125 feet to the southeast corner of said 3728 Agler Rd. LLC tract and in the north line of said Agler Road;
Thence, along the south line of said 3728 Agler Rd. LLC tract and part of the north line of said Agler Road, westerly, approximately 100 feet to the place of beginning containing approximately 0.29 acres. This description was prepared for annexation purposes only.
Section 2. That the City Clerk is hereby authorized and directed to make three copies of this ordinance to each of which shall be attached a copy of the map accompanying the petition for annexation, a copy of the transcript of proceedings of the Board of County Commissioners relating thereto, and a certificate as to the correctness thereof, the City Clerk shall then forthwith deliver one copy to the County Auditor, one copy to the Board of Elections thereof and do such other things as may be required by law.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.