Explanation
AN04-009
BACKGROUND: This ordinance is submitted to present to Council the transcript of proceedings and papers relating to Annexation AN04-009 a certain petition for annexation as described in the ordinance and transcript which is attached hereto. More than sixty days have elapsed since July 15, 2004, the date of receipt from the Board of County Commissioners of Franklin County.
These are submitted in accordance with the Ohio Revised Code.
FISCAL IMPACT: Provision of municipal services for a proposed annexation area has no fiscal impact. However, provision of the stated services does represent cost to the city. The annexation of land also has the potential to create revenue to the city.
Title
To accept the application (AN04-009) of Cypress Wesleyan Church for the annexation of certain territory containing 55.9 ± Acres in Prairie Township.
Body
WHEREAS, a petition for the annexation of certain territory in Prairie Township was duly filed by Cypress Wesleyan Church on May 5, 2004; 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 22, 2004; 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 July 15, 2004; 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, Cypress Wesleyan Church uses the property for a church and religious education and school activities in existing buildings on site; and
WHEREAS, the property is located in the "Hellbranch" area of the Big Darby Creek and contains a package sewage treatment plant which is under orders from Ohio E.P.A. to cease operation and connect to a municipal sewer and water supply so as to decrease the effluent to Big Darby Creek and thereby improve the environmental quality of the Big Darby Creek; and
WHEREAS, the city of Columbus has a moratorium in effect on the extension of sewer and water lines into the Big Darby Watershed for future development. The area to be annexed is in the moratorium area but is already developed and extending the city of Columbus water and sewer to the site will serve existing facilities and improve the quality of the watershed by the removal of an obsolete sewer treatment plant and is necessary to protect and preserve the public health, safety, and welfare; and
WHEREAS, the parties recognize and agree all future development on the site or expansion of existing uses or buildings are subject to all the terms and conditions of the Big Darby moratorium; and
WHEREAS, the parties have or will enter into a Pre-Annexation Agreement; 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 Cypress Wesleyan Church being all of 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 May 5, 2004 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 22, 2004, be and the same is hereby accepted, together with a Pre-Annexation Agreement between the city of Columbus and Cypress Wesleyan Church, and said territory is hereby annexed to the city of Columbus. Said territory is described as follows:
Situate in the State of Ohio, County of Franklin, Township of Prairie, and lying in Virginia Military District Survey 5240 and 6636, and being 46 acres of land, more or less, being comprised of a 25.00 acre tract conveyed to Cypress Wesleyan Church (Tax Parcel 240-000090) by deed of record in Deed Book 3474, Page 409, a 27.41 acre tract conveyed to Cypress Wesleyan Church (Tax Parcels 240-000281, 240-002521 and 240-002522) by deed of record in Official Record 15556, E-04, part of the 55.946 acre tract conveyed to Consolidated Rail Corporation (Tax Parcel 240-000045) by deed of record in Deed Book 3714, Page 79, all of the 0.3406 and 0.1574 acre tracts conveyed to Franklin County Commissioners by deed of record in Instrument Numbers 199904130091011 and 199907290192380, and the area that lies within the right-of-way of Alton-Darby Creek Road (60 feet in width) across the following tracts 57.845 acre tract conveyed to Cypress Wesleyan Church and the Greater Ohio District of the Wesleyan Church Inc., 0.207 acre tract conveyed to Sari K. Silwani, Trustee, 1.223 acre tract conveyed to Joshua W. Phillips and Amy S. Phillips, 1.000 acre tract conveyed to Matthew S. Blais and Heidi C. Blais, remaining 0.502 and 0.400 acre tract conveyed to Dominion Homes, Inc. and the 24th Amendment to "The Village at Galloway Ridge", records from the Recorder's Office, Franklin County, Ohio, said 46 acres being bounded and more particularly described as follows:
Beginning, at an angle point in the existing City of Columbus Corporation Line as established by Ordinance Number 2446-98 of record in Instrument Number 199812110320550, said point being in the east right-of-way line of said Alton Darby Creek Road;
Thence SOUTHERLY, a distance of 114 feet, more or less, along the east right-of-way line of said Alton-Darby Creek Road to an angle point in said right-of-way line;
Thence SOUTHERLY, a distance of 1395 feet, more or less, continuing along the said right-of-way line to a point;
Thence WESTERLY, a distance of 1352 feet, more or less, crossing Alton-Darby Creek Road (60 feet in width) and along the southerly line of Lot 4 of record in Complete Record 155, Page 313, also being the south line of (Tax Parcel 240-002522) and also being the north line of a 102.156 acre tract conveyed to Joseph W. Murnane and Cecelia M. Murnane to a point at the southwest corner of said Lot 4, said point also being the southwest corner of said 27.41 acre tract a common corner to a 102.156 acre tract conveyed to Joseph W. Murnane and Cecelia M. Murnane;
Thence NORTHERLY, a distance of 1700 feet, more or less, along the east line of said 102.156 acre Murnane tract, a line common to said 27.41 acre tract and said 25.00 acre tract, also being the west lines of Lots 1, 2, 3 and 4 of record in Complete Record 155, Page 313, and their extension across the a 55.946 acre tract conveyed to Consolidated Rail Corporation to a point in the north line of said 55.946 acre tract;
Thence EASTERLY, a distance of 298 feet, more or less, along the north line of said 55.946 acre Consolidated Rail Corporation tract to an angle point in the existing City of Columbus Corporation Line as established by Ordinance Number 2428-97 of record in Instrument Number 199801130008446;
Thence EASTERLY, a distance of 200 feet, more or less, along the said existing corporation line, being the north line of said 55.946 acre Consolidated Rail Corporation tract to an angle point in said corporation line, said point being the southwest corner of a 6.001 acre tract conveyed to the City of Columbus;
Thence EASTERLY, a distance of 750 feet, more or less, continuing along the north line of said 55.946 acre Consolidated Rail Corporation tract a line common to the south line said 6.001 acre tract and the south line of a 1.386 conveyed to George N. Passias, to a point in the west right-of-way line of Alton-Darby Creek Road (80 feet in width), said point being the southeast corner of said 1.386 acre tract, also being the southwest corner of a 0.3406 acre tract conveyed to Franklin County Commissioners;
Thence NORTHERLY, a distance of 122 feet, more or less, along the curve of the west right-of-way line of said Alton-Darby Creek Road, a line common to the east line of said 1.386 acre Passias tract to a point of tangency;
Thence NORTHERLY, a distance of 296 feet, more or less, continuing along the west right-of-way line of said Alton-Darby Creek Road, a line common to the east lines of said 1.386 acre Passias tract and said 6.001 acre City of Columbus tract, to a point at the northeast corner of said 6.001 acre tract, being in the said existing City of Columbus Corporation Line;
Thence EASTERLY, a distance of 62 feet, more or less, along the existing City of Columbus, Corporation Line to an angle point in said corporation line, said point being in the old east right-of-way line of Alton-Darby Creek Road (60 feet in width);
Thence SOUTHERLY, a distance of 247 feet, more less, along the existing City of Columbus, Corporation Line as established by Ordinance Number 830-79 of record in Miscellaneous Record 174, Page 439, being the old east right-of-way line of said Alton- Darby Creek Road, to an angle point in said corporation line;
Thence EASTERLY, a distance of 15 feet, more or less, continuing along said corporation line to a point in the new east right-of-way line of Alton-Darby Creek Road (80 feet in width), said point being the northeast corner of said 0.1574 acre Franklin County Commissioners tract, also being the northwest corner of a 1 acre tract conveyed to Linda L. Phillips;
Section 2. That water and sewer be immediately extended to the property to serve the existing facilities at the owners' cost in order to preserve and protect the Hellbranch area of the Big Darby Watershed by eliminating the effluent from a deteriorating on site sewage treatment package plant from entering the Big Darby Watershed in compliance with orders from Ohio E.P.A. and to allow the on site package plant to be discontinued. All further development will be subject to the Big Darby moratorium and the city of Columbus regulations per the Pre-Annexation Agreement between the city of Columbus and Cypress Wesleyan Church.
Section 32. 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 43. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.