Explanation
AN09-0006
BACKGROUND: This ordinance approves the acceptance of certain territory (AN09-006) by the City. The Ohio Revised Code stipulates that once an annexation has been approved, it must be accepted by the receiving municipality. 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 October 6, 2009. Franklin County approved the annexation on October 20, 2009 and the City Clerk received notice on October 27, 2009. No service ordinance was required or filed for this annexation because it was filed as a Type 1 application as defined by the Ohio Revised Code. This type of application is stipulated for annexations in Plain Township as a consequence of an annexation agreement between the City and that jurisdiction. A service statement, reflecting the City's ability to provide services for this site upon annexation is included as attachment A.
FISCAL IMPACT: Provision of municipal services does not 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 (AN09-006) of Judith A. Davis and Daniel Galiardi for the annexation of certain territory containing 7.2± acres in Plain Township.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed on behalf of Jill Tangeman, Esq., on behalf of Judith A. Davis and Daniel Galiardi on October 6, 2009; and
WHEREAS, while a service ordinance is not required for this type of annexation, the City did conduct a review of the proposed annexation to determine what services would be available to the site upon annexation, the results of which are reflected in attachment A; and
WHEREAS, the subject site is located in the City's Northeast Pay-As-We-Grow (PAWG) area and the funding mechanisms that were developed for that area will apply to this site, should it be developed; and
WHEREAS, parties are aware that an application to rezone the site for residential development will require the applicant, at the time of filing, to enter into a Memorandum of Understanding with the City obligating the property owner, or their successor, to participate in the PAWG funding arrangement with specific details to be developed at time of development; 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 October 20, 2009 ; 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 October 27, 2009 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 Judith A. Davis and Daniel J. Galiardi 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 October 6, 2009 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 October 20, 2009 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 Plain, Quarter Township 3, Township 2, Range 16, United States Military District, and being all the residuum of that tract conveyed to Daniel J. Galiardi of record in Official Record 18002B02 and Instrument Number 200312150394705 (A.P.N. 220-000634) and all the residuum of those tracts conveyed to Judith A. Davis of record in Deed Book 3251, Page 357, Deed Book 3555, Page 361 and Official Record 30152J08 (A.P.N. 220-000597), and described as follows:
Beginning at the current northeast corner of said Galiardi tract, the same being the southeast corner of that tract conveyed to City of Columbus of record in Instrument Number 200502040022202 and in the south right-of-way line for Thompson Road, being in an existing City of Columbus Corporation Line (Case No. 42-99, Ord. No. 0018-00, I.N. 200003170052263);
Thence Southerly, with the east line of said Galiardi tract, being said corporation line, about 438 feet to the southeast corner of said Galiardi tract;
Thence Westerly, with the south line of said Galiardi tract, being said corporation line and existing City of Columbus Corporation Lines (Ord No. 639-89, O.R. 13292D07 and Case No. 55-90, Ord. No. 935-91, O.R. 16932H09), about 272 feet to the southwest corner of said Galiardi tract, in the east line of said Davis tract;
Thence Southerly, with the east line of said Davis tract, being said corporation line, about 263 feet to the current southeast corner of said Davis tract;
Thence Southwesterly, with a current south line of said Davis tract, about 92 feet to a current corner of said Davis tract, in an existing City of Columbus Corporation Line (Case No. 4-78, Ord. No. 1441-78, M.R. 170, Pg. 555);
Thence Northerly, with a west line of said Davis tract, being said corporation line, about 54 feet to a corner of said Davis tract;
Thence Westerly, with a south line of said Davis tract, being said corporation line, about 200 feet to the southwest corner of said Davis tract;
Thence Northerly, with the west line of said Davis tract, being an existing City of Columbus Corporation Line (Case No. 89-88, Ord. No. 642-89, O.R. 13292F10), about 691 feet to the current northwest corner of said Davis tract, the same being the southwest corner of that tract conveyed to City of Columbus of record in Instrument Number 200309270310626 and in said south right-of-way line for Thompson Road;
Thence Easterly, with said south right-of-way line, being a south line of Pending Annexation Case No. 08-09, about 549 feet to the Point of Beginning. Containing approximately 7.2 acres of land, more or less. The above description was written by John C. Dodgion, P.S. 8069 on June 04, 2009. A drawing of the above description has been prepared and is a part hereof.
The total length of the annexation perimeter is about 2559 feet, of which about 1918 feet are contiguous with existing City of Columbus Corporation Lines, being about 75% contiguous. This annexation does not create any islands of township property.
This description was written for annexation purposes only and was not intended to be used in the transfer of lands.
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.