Explanation
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN24-012) by the city of Columbus and authorizes its transfer from Blendon Township to Montgomery Township per an annexation agreement between the City and the Township. The Ohio Revised Code stipulates that to be effective, City acceptance must take place a minimum of 60 days from the receipt by the City Clerk of the approval notice from the county. If City Council does not accept the ordinance within 120 days of its first consideration, the annexation will be considered rejected. This petition was filed with Franklin County on July 29, 2024. Franklin County approved the annexation on September 17, 2024 and the City Clerk received notice on October 11, 2024. No service ordinance was required because this annexation was filed as a Type 1 application as defined by the ORC. Although not required, a service statement reflecting the City’s ability to provide services for this site upon annexation is attached.
The use of a Type 1 annexation application is stipulated in the annexation agreement between the City and Blendon Township. The annexation agreement also requires that territory annexed to the City of Columbus from Blendon Township be transferred to Montgomery Township. This ordinance authorizes the submission of a petition to the Board of County Commissioners of Franklin County, Ohio, requesting that the boundary lines of Montgomery Township be changed to make them identical with the corporate limits of the City of Columbus for this annexation. The petition will be filed in accordance with Section 503.07 of the Ohio Revised Code.
FISCAL IMPACT:
Provision of municipal 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 (AN24-012) of Ciminello Land Co. LLC for the annexation of certain territory containing 0.86± acres in Blendon Township.
Body
WHEREAS, a petition for the annexation of certain territory in Blendon Township was filed on behalf of Ciminello Land Co. LLC on July 29, 2024; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on September 17, 2024; and
WHEREAS, on October 11, 2024, the City Clerk received from Franklin County a certified copy of the resolution addressing the petition; and
WHEREAS, sixty days have now elapsed since receipt of the resolution 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 addressed by the petition; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the annexation proposed by Ciminello Land Co. LLC in a petition filed with the Franklin County Board of Commissioners on July 29, 2024 and subsequently approved by the Board on September 17, 2024 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 Blendon, Farm Lot 23, Quarter Township 1, Range 17, Township 2, United States Military Lands and being 0.862± acres out of that 1.004 acre tract of land as conveyed to Ciminello Land Co. LLC, of record in Instrument Number 202404020031188, and being Franklin County Ohio Auditor's PIO: 110-006075, all deed references are on record at the Recorder's Office Franklin County, Ohio and being more particularly described as follows:
Beginning at a point in the northerly line of said 1.004 acre tract and the easterly right of way line of Cubbage Road (County Road 188) (Variable Width) (Road Record 18, Page 265) and being a point in the southerly line of a 3.002 acre tract as conveyed to Ciminello Land Co. LLC, of record in Instrument Number 202307100067167 and being a point in the existing City of Columbus Corporation line of record in Ordinance Number 1485-2023, Case Number 06-23, recorded in Instrument Number 202308220085472;
Thence with the perimeter of said 1.004 acre tract, said 3.002 acre tract and along the northerly line of the original 36.50 acre tract conveyed to Earl T. Yeager and Stephanie Yeager of record in Official Record 02553J05 and with said Existing City of Columbus Corporation line the following courses:
Easterly, a distance of approximately 301 feet to a point;
Southerly, a distance of approximately 125 feet to a point;
Westerly, a distance of approximately 302 feet to a point in said easterly right of way line;
Thence, Northerly, with said easterly right of way line, a distance of approximately 125 feet to The Point of Beginning and containing 0.862± acres of land more or less, being all out of Blendon Township;
The annexation description of the location of the property to be annexed and is not a boundary survey as defined in O.A.C. Chapter 4733.37. The above annexation contains a perimeter distance of 728 feet contiguous with the existing City of Columbus Corporation Line by Ordinance Number 1485-2023, with a total perimeter of 853 feet to be annexed, and 85% of the perimeter length is contiguous to the City of Columbus Corporation line.
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 pursuant to the provisions of Section 503.07 of the Ohio Revised Code the Director of the Department of Development be and is hereby authorized and directed on behalf of the City of Columbus to present to the Board of Commissioners of Franklin County, Ohio, a petition requesting such changes in and extensions of the boundary lines of Montgomery Township as may be necessary so that said township may include therein that portion of Blendon Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on September 17, 2024 was approved for annexation to the city of Columbus, so as to make the boundaries of Montgomery Township co-extensive with the corporate limits of the said city of Columbus in accordance with the maps attached to said petition.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.