Explanation
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN24-004) by the city of Columbus and authorizes its transfer from Plain 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 May 7, 2024. Franklin County approved the annexation on May 21, 2024 and the City Clerk received notice on July 2, 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 Plain Township. The annexation agreement also requires that territory annexed to the City of Columbus from Plain 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. The subject site is also located within the City’s Northeast Pay-As-We-Grow (PAWG) area and if developed will be subject to PAWG funding mechanisms applicable to the site.
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 (AN24-004) on behalf of Norman & Lois Singer for the annexation of certain territory containing 4.4± acres in Plain Township.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was filed on behalf of Norman & Lois Singer on May 7, 2024; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on May 21, 2024, 2023; and
WHEREAS, on July 2, 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; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the annexation proposed by Norman & Lois Singer in a petition filed with the Franklin County Board of Commissioners on May 7, 2024 and subsequently approved by the Board on May 21, 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 Plain, being in Section 2, Township 2, Range 16, United States Military Lands and containing 4.40+/- acres, said 4.40+/- acres being part of that 4.548 acre tract of land as conveyed to Norman Singer and Lois Singer of record in Instrument No. 200601100006680, said 4.40+/- more particularly described as follows;
Beginning for Reference, at Franklin County Monument No. 1375 at the northeasterly corner of said 4.548 acre tract of land and being in the centerline of Harlem Road (R/W Varies)(Road Record 19, Page 39);
Thence N 85° 44' 05" W, with the northerly line of said 4.548 acre tract and that 0.391 acre highway easement conveyed to the County of Franklin of record in Deed Book 3699, Page 34, with the southerly line of an existing City of Columbus Corporation Line (Case No. 16-05, Ord. #2362-2015, I.N. 201512140174546) and across the right-of-way of said Harlem Road (R/W Varies), 30.2+/-feet to a point at the northwesterly corner of said highway easement and in the westerly right-of-way line of said Harlem Road (R/W Varies)(Road Record 19, Page 39) and being the southeasterly corner of an existing City of Columbus Corporation Line (Case No. 13-03, Ord. #1631-2003, I.N. 200309190299625);
Thence S 02° 36' 53" E, across said 4.548 acre tract, with the westerly line of said highway easement and with said westerly right-of-way line, 312.00+/- feet to a point in the southerly line of said 4.548 acre tract, said point also being in the northerly line of that second 4.548 acre tract of land as conveyed to Norman D. Singer and Lois Singer of record in Instrument No. 201907250091746 and a northeasterly corner of an existing City of Columbus Corporation Line (Case No. 01-05, Ord. #0948-2005, I.N. 200508180168051);
Thence N 85° 26' 09" W, with the common line of said 4.548 acre tracts and along said existing City of Columbus Corporation Line (Case No. 01-05, Ord. #0948-2005, I.N. 200508180168051 ), 912.5+/-feet to a common corner thereof, said comer also being in the easterly line of that 15.044 acre tract of land as conveyed to the City of Columbus, Ohio of record in Instrument No 202312290135345 and the intersection of said existing City of Columbus Corporation Line (Case No. 13-03, Ord. # 1631- 2003, I.N. 200309190299625) and said existing City of Columbus Corporation Line (Case No. 01- 05, Ord. #0948-2005, I.N. 200508180168051);
Thence N 04° 16' 45" E, with a westerly line of said first 4.548 acre tract, easterly line of said 15.044 acre tract, easterly line of The Preserve at Rocky Fork Condominium 18th Amendment, Area 5 of record in Plat Book 302, Page 89 and declared in Instrument No. 202303200026426 and along said existing City of Columbus Corporation Line (Case No. 13-03, Ord. #1631-2003, I.N. 200309190299625), 210.7+/- feet to a northwesterly comer of said first 4.548 acre tract, a northeasterly corner of said 18th Amendment, Area 5, a southerly line of The Preserve at Rocky Fork Condominium 9th Amendment, Area 4 of record in Plat Book 301, Page 366 and declared in Instrument No. 202203090037707 and an angle point of said existing City of Columbus Corporation Line (Case No. 13-03, Ord. #1631-2003, I.N. 200309190299625);
Thence S 85° 44' 05" E, with a northerly line of said first 4.548 acre tract, the southerly line of said 9th Amendment, Area 4, the southerly lines of The Preserve at Rocky Fork Condominium 8th Amendment, Area 5 of record in Plat Book 301, Page 83 and declared in Instrument No. 202112070222078, The Preserve at Rocky Fork Condominium 9th Amendment, Area 3 of record in Plat Book 301, Page 366 and declared in Instrument No. 202203090037707, The Preserve at Rocky Fork Condominium 8th Amendment, Area 4 of record in Plat Book 301, Page 83 and declared in Instrument No. 202112070222078, The Preserve at Rocky Fork Condominium 9th Amendment, Area 2 of record in Plat Book 301, Page 366 and declared in Instrument No. 202203090037707, The Preserve at Rocky Fork Condominium 10th Amendment, Area 3 of record in Plat Book 301, Page 481 and declared in Instrument No. 202205020066947, The Preserve at Rocky Fork Condominium 11th Amendment, Area 3 of record in Plat Book 301, Page 657 and declared in Instrument No. 202206170090543, The Preserve at Rocky Fork Condominium 12th Amendment, Area 4 of record in Plat Book 301, Page 791 and declared in Instrument No. 202208220120563, The Preserve at Rocky Fork Condominium 14th Amendment, Area 4 of record in Plat Book 301, Page 907 and declared in Instrument No. 202210210147576, The Preserve at Rocky Fork Condominium 10th Amendment, Area 2 of record in Plat Book 301, Page 481 and declared in Instrument No. 202205020066947, The Preserve at Rocky Fork Condominium 12th Amendment, Area 3 of record in Plat Book 301, Page 791 and declared in Instrument No. 202208220120563, The Preserve at Rocky Fork Condominium 13th Amendment, Area 4 of record in Plat Book 30 I, Page 857 and declared in Instrument No. 202209280137656, The Preserve at Rocky Fork Condominium 14th Amendment, Area 3 of record in Plat Book 30 I, Page 907 and declared in Instrument No. 2022102 IO I 4 7576, the southerly terminus of Niahway Street (50') as dedicated in Plat Book 130, Page 93, the southerly line of The Preserve at Rocky Fork Condominium I 8th Amendment, Area 3 of record in Plat Book 302, Page 889 and declared in Instrument No. 202303200026426 and along said existing City of Columbus Corporation Line (Case No. 13-03, Ord. #1631-2003, I.N. 200309190299625), 886.4+/- feet to the True Point of Beginning. Containing 4.40+/- acres, more or less. The above description was written by Advanced Civil Design on August 18, 2022. A drawing of the above description is attached hereto and made a part thereof.
The total length of the annexation perimeter is about 2226.8 feet, of which about 2009.7 feet are contiguous with existing City of Columbus Corporation Lines, being about 90.3% contiguous. This annexation does not create any islands of township property.
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 Plain Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on May 21, 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.