Explanation
Background:
The City of Columbus has been working with the Whirlpool Corporation on their decision to site a distribution facility at the northwest corner of London-Groveport (SR 317) and Shook roads. The site lies predominantly within Columbus however a portion (32.5 acres) lies within the Village of Obetz.
It is in It is in the best interest of all parties if the site is totally in one jurisdiction. It is the desire, therefore, of both the city of Columbus and Village of Obetz to transfer the subject parcel of land from Obetz to Columbus. This action was anticipated in legislation approved by City Council outlining agreements between the City and Village as well as between the City and Whirlpool Corporation. These actions were reflected in ordinances 1212-2007 and 1240-2007. This legislation is being filed in response to the provisions of the Ohio Revised Code - section 709.37 regarding municipal territory transfers.
This ordinance is filed as emergency legislation in order to facilitate efforts to complete this development in a timely manner.
Fiscal Impact:
Acceptance of this territory will help facilitate development which is expected to generate revenue for the city.
Title
To agree to the adjustment of the boundaries between the City of Columbus and the Village of Obetz by consenting to accept the transfer of land consisting of approximately 32.5 acres from the Village to the City; and to declare an emergency.
Body
WHEREAS, the City of Columbus and Village of Obetz adjoin and share a common boundary in an area west of Shook Road north of London Groveport Road; and
WHEREAS, as outlined in prior legislation, a development proposal has been identified for a site at this location; and
WHEREAS, while the majority of this site lies within Columbus, a portion of the land is presently located within the Village of Obetz; and
WHEREAS, this site, consisting of approximately 32.5 acres, borders the City of Columbus; and
WHEREAS, It is in the best interest of all parties if the site is totally in one jurisdiction; and
WHEREAS, It is the desire of the City of Columbus and the Village of Obetz to transfer the subject parcel of land from the Village to the City to facilitate development of the site; and
WHEREAS, the proposed transfer does not involve the transfer of territory inhabited by more than five voters; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to present this ordinance to the Franklin County Board of Commissioners in accordance with the Ohio Revised Code to facilitate the development of this site in a timely manner; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That in accordance with Section 709.37 of the Ohio Revised Code, the City of Columbus hereby agrees to accept the transfer from the Village of Obetz to the City of Columbus the land described as follows:
DESCRIPTION OF PROPOSED BOUNDARY ADJUSTMENT OF APPROXIMATELY 32.5 ACRES OF LAND IN THE CITY OF COLUMBUS
Situated in the State of Ohio, County of Franklin, Township of Hamilton, Village of Obetz, in the northwest quarter of Section 36, Township 4, Range 22, Congress Lands and containing 32.50± acres and with 16.683 acres out of Parcel Number 152-001916, the 16.771 acres remaining out of the original 33.215 acre tract deeded to Pizzuti Land LLC, , in Instrument Number 200710160180944 and with 15.817 acres out of Parcel Number 152-001917, a 16.444 acre part of the overall 87.153 acre tract deeded to Pizzuti Rickenbacker West I LLC in Instrument Number 200712100211959 of the Recorder's Office, Franklin County, Ohio, (all deed and plat references made being to said Recorder's Office, unless otherwise noted), being more particularly described as follows:
Note: In Reference to the above mentioned 87.153 acre tract deeded to Pizzuti Rickenbacker West I LLC, this 87.153 acre tract fall with in two jurisdictions, with 16.444 acres of the overall 87.153 acre tract being in the Village of Obetz being parcel number 152-001917 and with the 70.709 acres of the overall 87.153 acre tract being in the City of Columbus being parcel number 495-286103.
Beginning at a POINT OF COMMENCEMENT (P.O.C.) at a point on the centerline of Shook Road (60 feet wide), said point being at the centerline intersection of the east-west half section line and the north-south half section line of said Section 36, said point also being at the southeast corner of said Parcel Number 152-001917 (the 16.444 acre part of the overall 78.153 acre tract), said point also being at the northeasterly corner of a 1.609 acre tract deeded to the City of Columbus as recorded in Instrument Number 200009010176507, said point also being on northerly line of a corporation line to the City of Columbus as established by Ordinance Number 317-96 as recorded in Volume 31731, Page A01;
Thence leaving said centerline and along a southerly line of said Parcel Number 152-001917 (the 16.444 acre part of the overall 78.153 acre tract), and also along the northerly line of said 1.609 acre tract, and also along the east-west half section line of said Section 36, and also along the northerly line of the previously mentioned corporation line to the City of Columbus, Westerly 30± feet to a point on the westerly right-of-way line of said Shook Road, said point being on the east-west half section line of said Section 36, said point also being on the southerly line of said Parcel Number 152-001917 (the 16.444 acre part of the overall 78.153 acre tract), said point also being at the northeasterly corner of Parcel Number 495-286103 (the 70.709 acre part of the overall 78.153 acre tract), said point also being at the northwesterly corner of said 1.609 acre tract, said point also being at the northwesterly corner of the previously mentioned corporation line to the City of Columbus, said point also being at the northeasterly corner of a corporation line to the City of Columbus as established by Ordinance Number 2096-95 as recorded in Volume 30483, Page G18, said point also being at the southeasterly corner of a corporation line to the Village of Obetz as established by Ordinance Number 46-01 as recorded in Instrument Number 200106070127920, said point also being the TRUE POINT OF BEGINNING (P.O.B.) for the 32.50± acres herein described;
Thence leaving said westerly right-of-way line and along the southerly line of said Parcel Number 152-001917 (the 16.444 acre part of the overall 78.153 acre tract), and also along the northerly line of said Parcel Number 495-286103 (the 70.709 acre part of the overall 78.153 acre tract), and along a portion of the southerly line of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, and also along a portion of the northerly line of a 87.544 acre tract, out of an original 156.253 acre tract, deeded to Pizzuti Land LLC, Parcel Number 495-234526, and also along the east-west half section line of said Section 36, and also along said northerly line of the previously mentioned corporation line to the City of Columbus, and also along said southerly line of the previously mentioned corporation line to the Village of Obetz, Westerly 2138± feet to a point at the southwesterly corner of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, said point also being on the northerly line of said 87.544 acre tract, Parcel Number 495-234526, said point also being at an angle point of a 41.402 acre tract, Parcel Number 152-001759, deeded to Industrial CT Owners LLC as recorded in Instrument Number 200701250014803, said point being on the east-west half section line of said Section 36, said point also being on the northerly line of the previously mentioned corporation line to the City of Columbus, said point also being on the southerly line of the previously mentioned corporation line to the Village of Obetz;
The following ten (10) courses follow along the northerly line of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, and the following five (5) courses follow along the southerly line of said 41.402 acre tract, Parcel Number 152-001759:
Thence leaving the northerly line of the previously mentioned corporation line to the City of Columbus, and also leaving the southerly line of the previously mentioned corporation line to the Village of Obetz, Northeasterly 167± feet, to a point;
Thence Northeasterly 105± feet, to a point;
Thence Northeasterly 146± feet, to a point;
Thence Easterly 106± feet, to a point;
Thence Southeasterly 48± feet, to a point;
Thence along a portion of the southerly line of a 36.989 acre tract, Parcel Number 152-001756, deeded to Pizzuti/Creekside XXII LLC as recorded in Instrument Number 20040730017683, Northeasterly 669± feet, to a point on the southerly line of said 36.989 acre tract, Parcel Number 152-001756;
Thence continuing along the southerly line of said 36.989 acre tract, Parcel Number 152-001756, and along a portion of the southerly line of a 58± acre tract, remaining, Parcel Number 152-001755, deeded to James E. Dill, Tr. as recorded in Instrument Number 200607200141989, Northeasterly 661± feet, to a point of curvature, said point being on the southerly line of said 58± acre tract;
Thence along the southerly line of said 58± acre tract, remaining, Parcel Number 152-001755, and along a curve to the left, Northeasterly 184± feet, to a point of tangency on the southerly line of said 58.760 acre tract, Parcel Number 152-001755;
Thence along the southerly line of said 58± acre tract, remaining, Parcel Number 152-001755, Northeasterly 151± feet, to a point on the southerly line of said 58± acre tract, remaining, Parcel Number 152-001755, said point being at the northwesterly corner of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, said point being at the southwesterly corner of a 2.500 acre tract, Parcel Number 150-002640, deeded to David S. and Victoria L. Woods as recorded in Volume 34334, Page F15, said point also being at an angle point of said corporation line to the Village of Obetz as established by Ordinance Number 46-01, as recorded in Instrument Number 200106070127920;
Thence along the northerly line of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, and also along the southerly line of said 2.500 acre tract, Parcel Number 150-002640, and along a line of the previously mentioned corporation line to the Village of Obetz, Easterly 398± feet, to a point on the northerly line of said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, said point also being on the southerly line of said 2.500 acre tract, Parcel Number 150-002640, said point also being at an angle point of the previously mentioned corporation line to the Village of Obetz, said point also being on the westerly right-of-way line of said Shook Road;
Thence crossing said 16.771 acre tract remaining out of the original 33.215 acre tract, Parcel Number 152-001916, and also crossing said Parcel Number 152-001917(the 16.444 acre part of the overall 78.153 acre tract), and also along the easterly line of the previously mentioned corporation line to the Village of Obetz and also along the westerly right-of-way line of said Shook Road, Southerly 1037± feet, to the TRUE POINT OF BEGINNING (P.O.B.), containing 32.50± acres;
Section 2. That the City Clerk certify this ordinance to the County Commissioners of Franklin County, Ohio, for further proceedings in accordance with the law.
Section 3. That the City of Columbus will accept the territory described in Section 1 upon approval of the petition by the Board of Franklin County Commissioners and take any necessary steps to record such acceptance.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.