Explanation
AN07-007
BACKGROUND: This ordinance is submitted to present to Council the transcript of proceedings and papers relating to Annexation AN07-007 a certain petition for annexation as described in the ordinance which is attached hereto. More than sixty days have elapsed since December 18, 2007, the date of receipt from the Board of County Commissioners of Franklin County. These are submitted in accordance with the Ohio Revised Code.
The ordinance also authorizes the Development Director to execute a pre-annexation agreement between the City and Owner of this property, stipulating among other things, the financial obligations that will be incurred by the Owner in order to defray costs associated with the infrastructure and services provided by the City for development of the Property. The agreement further stipulates that no rezonings or other land use applications will be acted upon by the City nor will any permits be issued by the City to allow development of the Property without an agreement being reached on the appropriate "Pay As We Grow" payments.
FISCAL IMPACT: Provision of the stated services does represent cost to the City, however annexation of land also has the potential to create revenue to the city. In this case, the applicant has agreed to participate in the City's Pay As We Grow program to help address the costs associated with growth.
Title
To accept the application (AN07-007) of Carolyn C. Hall, et al for the annexation of certain territory containing 5.0941± Acres in Plain Township; and to authorize the Director of the Department of Development to enter into a pre-annexation agreement with the property owner.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed by Carolyn C. Hall on October 24, 2007; 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 November 27, 2007; 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 December 18, 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, the subject site is located in the City's Northeast Pay-As-We-Grow (PAWG) area and the funding mechanisms that were developed for that area will apply to this site, should it be developed; and
WHEREAS, it is desirable that the City and property owner enter into a pre-annexation agreement recognizing the property's presence in a PAWG area and obligating the property owner, or their successor, to participate in the PAWG funding arrangement with specific details to be developed at time of development; 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 Carolyn C. Hall et al 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 October 24, 2007 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 , 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 Plain, being located in Quarter Township 2, Township 2, Range 16 United States Military Lands, being 5.0941 acres from 5.219 acres to Carolyn C. Hall ET, AL as recorded in Instrument Number 200108080182540 Recorder's Office Franklin County, Ohio (All following such references will be to the same) and being more particularly bounded and described as follows:
Commencing at the southeasterly corner of Lot 247 of West Albany Section 6 as recorded in Plat Book 94, Pages 47-48, thence N 0° 00' 00" W a distance of 45' +/- with the easterly line of said Lot 247 to the TRUE POINT OF BEGINNING for the herein described said 5.0941 acre tract of land.
Thence N 0° 00' 00" W a distance of 405' +/- along the easterly lines of said Lot 247, Lots 246, 245, 244 of said West Albany Section 6 and along the easterly lines of Lots 121 and Lot 120 of West Albany Section 4 as recorded in Plat Book 86, Page 37 and along the westerly line, to the northwesterly corner of said Carolyn C. Hall Et, Al.
Thence N 89° 38' 00" E a distance of 506' +/- along the northerly line, to the northeasterly corner of said Carolyn C. Hall Et, Al and along the common line between City Of Westerville and the City of New Albany and along the southerly line of Brent Thomas & Erica J. Burnett as recorded in Instrument Number 200308120254847 to the westerly right-of-way of Harlem Road (60' in width and varies).
Thence S 09° 28' 00" E a distance of 74' +/- along the easterly line of said Carolyn C. Hall Et, Al and along the said westerly right-of-way of Harlem Road to an angle point.
Thence S 09° 40' 00" E a distance of 209' +/- continuing along said easterly line of Carolyn C. Hall Et, Al and the westerly right-of-way line of Harlem Road to an angle point.
Thence S 05° 36' 09" W a distance of 131' +/- along the said easterly line, to the southeasterly corner of Carolyn C. Hall Et, Al and along the said westerly right-of-way of Harlem Road to the northeasterly corner of John R. & Lana R. Cabus as recorded in Instrument Number 200008010151739.
Thence N 89° 39' 00" W a distance of 550' +/- along the southerly line of said Carolyn C. Hall Et, Al and along the northerly line of said John R. & Lana R. Cabus and along the northerly line of Grover C. & Martha J. Gillman as recorded in Instrument Number 200509090187 to the TRUE POINT OF BEGINNING containing 5.0941 acres of land by calculation and being subject to any and all easements, restrictions, covenants and rights-of-way of record.
The above legal description was prepared from record for Annexation purposes only, no field survey was performed by Benchmark Land Surveying, LLC
Basis of Bearings: N 0°00' 00´ W assumed along the westerly line of Carolyn C. Hall.
Section 2. The Development Director is hereby authorized to execute a pre-annexation agreement between the City and Owner of this property, in a form presently on file with the Columbus City Clerk, stipulating among other things, the financial obligations that will be incurred by the Owner in order to defray costs associated with the infrastructure and services provided by the City for development of the Property.
Section 3. 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 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.