Explanation
AN12-014
BACKGROUND: This ordinance approves the acceptance of certain territory (AN12-014) by the City. The Ohio Revised Code stipulates that to be effective, City acceptance must take place a minimum of 60 days (but not more than 180) from the receipt by the City Clerk of the approval notice from the county. Should City Council not take such action within this timeframe, the annexation will not take place. This petition was filed with Franklin County on July 17, 2012. City Council approved a service ordinance addressing the site on July 30, 2012. Franklin County approved the annexation on August 21, 2012 and the City Clerk received notice on August 28, 2012.
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 (AN12-014) of Jim Lincoln/Unique Leasing, Inc. for the annexation of certain territory containing 8.5 ± acres in Franklin Township.
Body
WHEREAS, a petition for the annexation of certain territory in Franklin Township was filed on behalf of Jim Lincoln/Unique Leasing on July 17, 2012; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on August 21, 2012; and
WHEREAS, on August 28, 2012, 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 Jim Lincoln/Unique Leasing in a petition filed with the Franklin County Board of Commissioners on July 17, 2012 and subsequently approved by the Board on August 21, 2012 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, Franklin Township, Virginia Military Survey 1482, and being an annexation of 8.50 acres of land, more or less, comprised of lands conveyed to DR Properties, Ltd. and adjacent railroad property (all record references being filed in the Recorder's Office, Franklin County, Ohio unless otherwise noted). Said DR Properties, Ltd. parcels containing about 6.93 acres of land conveyed in Instrument Number 201012010163229 as follows: 0.74 acres more or less, all of the remainder of that 0.8229 acre tract described as Parcel No. 1 in said conveyance (Parcel No. 1 being Franklin County Auditor Parcel Number 140-007400), 5.88 acres more or less, all the remainder of that tract described as Parcel 2 in said conveyance, and 0.31 acres more or less, all of that tract described as Parcel 3 in said conveyance (Parcels No. 2 and 3 together being Franklin County Auditor Parcel Number 140-007399). All recording references are to records on file in the Recorder's Office, Franklin County, Ohio unless otherwise noted. Also included in the annexation area is the following adjacent railroad property: 1.00 acre more or less of Pennsylvania Lines LLC mainline right of way (part of Franklin County Auditor Parcel Number 140-000096), and 0.57 acres more or less, part of that 20 foot wide railroad spur conveyed to Pennsylvania Lines LLC in Deed Book 2425, Page 503 (part of Franklin County Auditor Parcel Number 140-001582). All together being five tracts of land containing 8.50 acres of land more or less, being more approximately described as follows:
Beginning for reference at the intersection of the centerline survey of Fisher Road and Kaderly Drive as shown on the right of way plan for Fisher Road, approved by the Franklin County Commissioners on September 12, 1995 and on file with the Franklin County Engineer's Office; Thence southeasterly, along the centerline of Fisher Road, about 420 feet more or less to a point; Thence southwesterly, leaving the centerline in a perpendicular direction, 55 feet to the southwest corner of a 20 foot wide right of way parcel conveyed to the Franklin County Commissioners in Instrument Number 199910010247437, said point being on the existing corporation line of the City of Columbus described in Columbus City Council Ordinance #1247-00 on file in the City Clerk's Office and recorded in Instrument Number 200004130072283, said point being the northwesterly corner of the 0.74 acre DR Properties, Ltd. tract and the true point of beginning of the annexation area;
Thence southeasterly along the existing corporation line (Ord #1247-00, I.N 2000041300722830) and the south line of the 20 foot wide right of way parcel conveyed to the Franklin County Commissioners in Instrument Number 199910010247437, the north line of the 0.74 acre DR Properties, Ltd. tract, about 188 feet more or less to a northwest corner of the 5.88 acre DR Properties, Ltd. tract;
Thence southeasterly continuing along the existing corporation line (Ord #1247-00, I.N 2000041300722830) and south line of the aforementioned 20 foot wide right of way parcel conveyed to the Franklin County Commissioners in Instrument Number 199910010247437, being the north line of the 5.88 acre DR Properties, Ltd. tract, about 40 feet more or less to a point in the west line of a 20 foot wide tract conveyed to Pennsylvania Lines LLC (Auditor Parcel Number 140-001582);
Thence northeast, leaving the existing right of way of Fisher Road and with the existing corporation line (Ord #1247-00, I.N 2000041300722830), and with the arc of a curve to the left, along the east line of said 20 foot wide right of way parcel conveyed to the Franklin County Commissioners in Instrument Number 199910010247437, the same being the west line of the 20 foot wide Pennsylvania Lines LLC tract (Auditor Parcel Number 140-001582), having a radius of about 449 feet, an arc length of about 30 feet, and being subtended by a chord in a northeasterly direction, a chord distance of about 30 feet more or less to a point in the existing corporation line of the City of Columbus described in Columbus City Council Ordinance #1654-56 on file in the City Clerk's Office and recorded in Miscellaneous Record 98, Page 60;
Thence southeasterly along the existing corporation line (Ord #1654, Misc. Rec. 98, Pg. 601), crossing the 20 foot wide Pennsylvania Lines LLC tract, 20 feet more or less to a point in the west line of a 10' wide spur line conveyed to Sunoco Partners Marketing & Terminals LP in Instrument Number 200412010273814 (Franklin County Auditor Parcel Number 140-006600) being in the existing corporation line of the City of Columbus described in Columbus City Council Ordinance #1247-00 on file in the City Clerk's Office and recorded in Instrument Number 200004130072283;
Thence southwesterly along the existing corporation line (Ord #1247-00, I.N. 200004130072283) and with the arc of a curve to the right, being the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 469 feet, an arc length of about 30 feet, and being subtended by a chord in a southwesterly direction, a chord distance of about 30 feet more or less to a point in the existing right of way of Fisher Road and an angle point in the existing corporation line;
Thence southwesterly, leaving the existing right of way of Fisher Road and the existing corporation line(Ord #1247-00, I.N. 200004130072283), with a the arc of a curve to the right, along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 469 feet, an arc length of about 19 feet, and being subtended by a chord in a southwesterly direction, a chord distance of about 19 feet more or less to a point;
Thence southwesterly, continuing along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the east line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, about 127 feet more of less to a point of curvature;
Thence southwesterly, with the arc of a curve to the left, along the east line of 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 449 feet, an arc length of about 110 feet, and being subtended by a chord in a southwesterly direction, a chord distance of about 109 feet more or less;
Thence southwesterly, continuing along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, about 120 feet more of less to a point of curvature;
Thence southwesterly, with the arc of a curve to the right, along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 469 feet, an arc length of about 115 feet, and being subtended by a chord in a southwesterly direction, a chord distance of about 114 feet more or less;
Thence southwesterly, continuing along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, about 288 feet more of less;
Thence southwesterly, continuing along the east line of the 20 foot wide Pennsylvania Lines LLC tract, the west line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 469 feet, an arc length of about 420 feet, and being subtended by a chord in a southwesterly direction, a chord distance of about 406 feet more or less to the southeasterly corner of the 20 foot wide Pennsylvania Lines LLC property, the southwest corner of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, and being in the north right of way line of the Pennsylvania Lines LLC mainline railroad corridor (Franklin County Auditor Parcel Number 140-000096);
Thence easterly, along the south line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, the north right of way line of the Pennsylvania Lines LLC mainline, about 26 feet more or less to the southeast corner of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, being the southwest corner of the aforementioned 0.31 acre DR Properties, Ltd. tract;
Thence northeasterly, with the arc of a non tangent curve to the left, along the west line of the 0.31 acre DR Properties, Ltd. tract, being an east line of the 10 foot wide Sunoco Partners Marketing & Terminals LP tract, having a radius of about 480 feet, an arc length of about 404 feet, and being subtended by a chord in a northeasterly direction, a chord distance of about 392 feet more or less to a point at the northeasterly corner of the 0.31 acre DR Properties Ltd tract, in the west line of a 7.5 acre tract in the name of Marathon Ashland Petroleum LLC (Franklin County Auditor Parcel Number 140-007444),
Thence southwesterly, with the east line of the 0.31 acre DR Properties, Ltd. tract, a west line of the 7.5 acre Marathon Ashland Petroleum LLC tract, 306 feet more of less to the southeasterly corner of the 0.31 acre DR Properties, Ltd. tract, being in the north right of way line of the Pennsylvania Lines LLC mainline;
Thence southwesterly, with a projection of the east line of the DR Properties Ltd property, crossing the Pennsylvania Lines LLC mainline right of way corridor, about 139 feet more or less to a point on an existing corporation line of the City of Columbus described in Columbus City Council Ordinance #657-88 on file in the City Clerk's Office and recorded in Official Record 11475, Page C-19, said point being in the north line of a 32.2 acre tract of land conveyed to Big Lots Stores Inc. in Official Record 7054, Page B18 and Official Record 7142, Page C09;
Thence westerly, along said existing corporation line (Ord #657-88, O.R 11475 C-19), being the southerly right of way line of the Pennsylvania Lines LLC mainline corridor, and the north line of the Big Lots Stores Inc. property, about 331 feet more or less;
Thence northeasterly, leaving the existing corporation line (Ord #657-88, O.R 11475 C-19) and with a projection of the west line of the 5.88 acre DR Properties, Ltd. tract, crossing the right of way of the Pennsylvania Lines LLC mainline corridor, about 139 feet more or less to the southwest corner of the 5.88 acre DR Properties, Ltd. tract, being the southeast corner of a 16.4 acre tract conveyed to Miken Terminals Inc. in Instrument Number 200111290276289 (Franklin County Auditor Parcel Number 140-000561;
Thence northeasterly, along the west line of the 5.88 acre DR Properties, Ltd. tract, being an east line of the 16.4 acre Miken Terminals tract, 1008 feet more or less to the southwest corner of the 0.74 acre DR Properties, Ltd. tract, a northwest corner of the 5.88 acre DR Properties, Ltd. tract;
Thence northeasterly, along the west line of the 0.74 acre DR Properties, Ltd. tract, being an east line of the 16.4 acre Miken Terminals tract, 170 feet more or less to the point of beginning.
Containing about 8.50 acres more or less, about 6.93 acres being that property conveyed to DR Properties, Ltd. in Instrument Number 201012010163229, and 1.57 acres being adjacent railroad property.
This annexation description is a general of the location of property to be annexed and is not based on an actual survey of the property herein and does not meet the "Minimum Standards for Boundary Surveys" contained in O.R.C Chapter 4733.
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.