Explanation
BACKGROUND: This ordinance approves the acceptance of certain territory (AN08-014) by the City. The Ohio Revised Code stipulates that the once an annexation has been approved, it must be accepted by the receiving municipality within 120 days (but not sooner than 60 days) of receipt by the City Clerk of the approval notice from the county. Should City Council not take such action, the annexation will not take place. This petition was filed with Franklin County on July 10, 2008 City Council approved a service ordinance addressing the site on July 21, 2008. Franklin County approved the annexation on August 12, 2008 and the City Clerk received notice on September 16, 2008.
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 (AN08-014) of Joseph and Rebecca Castorano et al for the annexation of certain territory containing 10.71 ± acres in Norwich and Franklin Townships.
Body
WHEREAS, a petition for the annexation of certain territory in Norwich and Franklin Townships was duly filed on behalf of Joseph and Rebecca Castorano et al on July 10, 2008; and
WHEREAS, 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 August 12, 2008; 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 September 16, 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, 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 Joseph and Rebecca Castorano 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 on July 10, 2008 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 August 12, 2008 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 Norwich, Virginia Military Survey Number 544 and Township of Franklin, Virginia Military Survey Number 530 and bounded and described as follows:
Beginning at a point in the centerline of Trabue Road, in the south line of Norwich Township, in the north line of Franklin Township in the north line of said V.M.S. 530, in the south line of said V. M. S. No. 544, at the northeasterly corner of a one (1) acre tract of land conveyed to Jennie Nistelbeck by deed of record in Official Record 7319, Page B 01, at the northwesterly corner of a one (1) acre tract of land conveyed to Joseph A. & Rebecca T. Castorano by deed of record in Instrument No. 199903030054023, said point being easterly along the centerline of Trabue Road approximately 26 feet from the southeasterly corner of Builders Place of record in Plat Book 70, Pages 97 and 98;
Thence northeasterly along the southerly line of Norwich Township, along the northerly line of Franklin Township, along the southerly line of V.M.S. 544, along the northerly line of V.M.S. 530, along the north line of said Joseph A. & Rebecca T. Castorano one (1) acre tract and along a portion of the northerly line of a one (1) acre tract of land conveyed to Joseph S. Dallas & Angelo J. Dallas, III, Co-Trustees by deeds of record in Instrument No. 200103260060481 and Instrument No. 200103260060482 a distance of approximately 101 feet to a point at the at the southeasterly corner of a 0.988 acre tract of land conveyed to Daniel a DiSanto by deed of record in Instrument No. 200406090133365 and at the southwesterly corner of a 0.494 acre tract of land conveyed to Michael J. Bellisari (1/2 interest) as Parcel "A" by deed of record in Instrument No. 200701240014495 and Hugo R. Quint, Jr. (1/2 Interest) as Exhibit "C" by deed of record in Instrument 199907090175257;
Thence northwesterly along a common line between said 0.494 acre tract and said 0.988 acre tract a distance of approximately 94 feet to an angle point;
Thence continuing northwesterly along a common line between said 0.494 acre tract and said 0.988 acre tract a distance of approximately 44 feet to an angle point;
Thence continuing northwesterly along a common line between said 0.494 acre tract and said 0.988 acre tract a distance of approximately 45 feet to an angle point;
Thence continuing northwesterly along a common line between said 0.494 acre tract and said 0.988 acre tract a distance of approximately 606 feet to a point at the northeasterly corner of said 0.988 acre tract, at the northwesterly corner of said 0.494 acre tract, in the south line of Lot Number One (1) as said lot is shown upon the plat of Builders Place of record in Plat Book 70, Pages 97 and 98 and in an existing corporation line for the City of Columbus, Ohio as established by Ordinance 1239-69 and recorded in Miscellaneous Record 148, Page 277;
Thence northeasterly along the existing corporation line for the City of Columbus, Ohio, along a portion of the southerly line of said Lot No. 1 and along the northerly line of said 0.494 acre tract a distance of approximately 30 feet to a point at the northeasterly corner of said 0.494 acre tract and at a northwesterly corner of a 0.494 acre tract of land conveyed to Michael A. & Ellise A. Lemon by deed of record in Instrument No. 200505190095890;
Thence southeasterly along a common line between said Michael J. Bellisari 0.494 acre tract and said Michael A. & Ellise A. Lemon 0.494 acre tract a distance of approximately 643 feet to an angle point;
Thence continuing southeasterly along a common line between said Michael J. Bellisari 0.494 acre tract and said Michael A. & Ellise A. Lemon 0.494 acre tract a distance of approximately 149 feet to a point at the southeasterly corner of said Michael J. Bellisari 0.494 acre tract, the southwesterly corner of said Michael A. & Ellise A. Lemon 0.494 acre tract, in the centerline of Trabue Road, in the south line of Norwich Township, in the north line of Franklin Township, in the north line of said V.M.S. 530, in the south line of said V. M. S. No. 544 and in the northerly line of a one (1) acre tract of land conveyed to Ida Q. Tiberi, Trustee by deed of record in Instrument No. 200505190095638;
Thence northeasterly along the southerly line of Norwich Township, along the northerly line of Franklin Township, along the southerly line of V.M.S. 544, along the northerly line of V.M.S. 530, along a portion of the northerly line of said one (1) acre tract of land conveyed to Ida Q. Tiberi, Trustee, along the northerly line of a one (1) acre tract of land conveyed as Parcel II to William J. Shaffer, Trustee, Durna Ann Shaffer and Teresa M. Lancia by deeds of record in Instrument No. 200607210143530 and Instrument No. 200604070066007, along the northerly line of a one (1) acre tract of land conveyed as Parcel I to William J. Shaffer, Trustee, Durna Ann Shaffer and Teresa M. Lancia by deeds of record in Instrument No. 200607210143530 and Instrument No. 200604070066007, along the northerly line of a one (1) acre tract of land conveyed to Joseph S. & Kerma L. Dallas by deed of record in Official Record 10907, Page B 19, along a pending southerly corporation line for the City of Columbus (Re: AN 08-007) and along the centerline of Trabue Road a distance of approximately 229 feet to a point at a corner of said pending corporation line for the City of Columbus, at the northeasterly corner of said Joseph S. & Kerma L. Dallas one (1) acre tract and at the northwesterly corner of a 0.1813 acre tract of land conveyed as Parcel 17 WD to Franklin County Commissioners for right-of-way purposes by deed of record in Instrument No. 200204030083711;
Thence southeasterly along said pending corporation line for the City of Columbus, along the westerly line of said 0.1813 acre tract and along a portion of the easterly line of said Joseph S. & Kerma L. Dallas one (1) acre tract a distance of approximately 40 feet to a point at a corner of said pending corporation line for the City of Columbus, at the southwesterly corner of said 0.1813 acre tract and at the northwesterly corner of a 2.8187 acre tract of land conveyed as Parcels 1 and 2 to Richard A. Capuano, Trustee, by deed of record in Instrument No. 200503210051268;
Thence northeasterly along said pending corporation line for the City of Columbus, along a southerly line of said 0.1813 acre tract and along a northerly line (Parcel 2) of said 2.8187 acre tract a distance of approximately 70 feet to a corner of said pending corporation line for the City of Columbus, at a point in the west line of Parcel 2 and the east line of Parcel 1;
Thence northeasterly along said pending corporation line for the City of Columbus, along a southerly line of said 0.1813 acre tract and along a northerly line (Parcel 1) of said 2.8187 acre tract a distance of approximately 120 feet to an angle point of said pending corporation line for the City of Columbus, at the southeasterly corner of said 0.1813 acre tract, the southwesterly corner of a 0.1010 acre tract of land conveyed as Parcel 18-WD to Franklin County Commissioners for right-of-way purposes by deed of record in Instrument No. 200204030083709 and at the northwesterly corner of an original 1.5 acre tract of land conveyed to Anthony J. Tiberi & Margherita D. Filichia by deed of record in Official Record 20545, Page B 15 (said 0.1010 acre tract having been conveyed out of the north end of said original 1.5 acre tract);
Thence northeasterly along said pending corporation line for the City of Columbus, along the southerly line of said 0.1010 acre tract and along the residual north line of said original 1.5 acre tract a distance of approximately 93 feet to a corner of said pending corporation line for the City of Columbus, at the northeasterly corner of said original 1.5 acre tract, at the southeasterly corner of said 0.1010 acre tract, at the southwesterly corner of a 0.1108 acre tract of land conveyed as Parcel 19-WD to Franklin County Commissioners for right-of-way purposes by deed of record in Instrument No. 200204030083714, at the northwesterly corner of an original 1.477 acre tract of land conveyed to Joseph S. Dallas and Angelo J. Dallas, III, Co-Trustees and in an easterly line of an existing corporation line for the City of Columbus, Ohio as established by Ordinance 0139-02 and recorded in Instrument No. 200205220127025
Thence southeasterly along a portion of said existing corporation line for the City of Columbus, along the common between said original 1.477 acre tract and original 1.5 acre tract a distance of approximately 637 feet to a point at the southeasterly corner of said original 1.5 acre tract, at the southwesterly corner of said original 1.477 acre tract, at a point in a northerly line of a 0.84 acre tract of land conveyed as First Tract to Joseph S. Dallas and Angelo J. Dallas, III, Co-Trustees, by deed of record in Instrument No. 200103260060485 and at a corner of said existing corporation line for the City of Columbus;
Thence southwesterly along a portion of said existing corporation line for the City of Columbus, along the southerly line of said original 1.5 acre tract, along the southerly line of said 2.8187 acre tract, along the southerly lines of six consecutive said one (1) acre tracts a distance of approximately 665 feet to a point at the southwesterly corner of said Joseph A. & Rebecca T. Castorano one (1) acre tract and at the southeasterly corner of said Jennie Nistelbeck one (1) acre tract;
Thence northwesterly along the common line between said Joseph A. & Rebecca T. Castorano one (1) acre tract and the Jennie Nistelbeck one (1) acre tract a distance of approximately 683 feet to the place of beginning;
Containing 10.71 acres of land more or less,
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.