Explanation
AN09-005
BACKGROUND: This ordinance approves the acceptance of certain territory (AN09-005) 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 September 25, 2009. City Council approved a service ordinance addressing the site on September 14, 2009 Franklin County approved the annexation on October 27, 2009 and the City Clerk received notice on November 4, 2009.
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 (AN09-005) of James M. Phillippi et al 5 and James M. Phillippi Trust for the annexation of certain territory containing 11.457± acres in Prairie Township.
Body
WHEREAS, a petition for the annexation of certain territory in Prairie Township was duly filed on behalf of Larry Clarke, agent on behalf of James M. Phillippi et al and James M. Phillippi Trust on September 25, 2009; 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 27, 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 November 4, 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 James M. Phillippi et al 5 and James M. Phillippi Trust 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 September 25, 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 27, 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 Township of Prairie, County of Franklin, State of Ohio and being part of Virginia Military Survey Numbers 4184,6641, and 7065 and being all of a 11.217 acre tract conveyed to James Michael Phillippi et.al.5 parcel of record in Deed Book 1910 Page 471 and James Michael Phillippi Trust recorded in Instrument Number 200204230102502; and a portion of Yellow Equipment & Terminals 20.695 acre tract a parcel of record in Deed Book-3111 Pg-220; and a portion of Yellow Equipment and Teminals 1.322 acre tract a parcel of record in Deed Book- 3188 Pg- 496; and a portion of Yellow Freight Systems Inc. 10.26 acre tract a parcel of record in Official Record 6564-F-16 and Official Record 9361-I-04; of the office of Robert Montgomery, the Recorder of Franklin County, Ohio;
Commencing at a point in the existing corporation line of the City of Columbus, Ordinance Number 83-98 as recorded in Instrument Number 199803310074136, which is the northwest corner of Brynhaven Development Corporation 14.782 acre recorded in OR-34850-G-07, the southwest corner of said 11.217 acre tract, in the east line of the State of Ohio 2.361 acre DB-2990 Pg-257, the True Point of Beginning;
Thence Northeasterly, along the easterly line of said State of Ohio 2.361 acre tract and the existing Corporation line of The City of Columbus Ordinance Number 1717-00 recorded in Instrument Number 200009270196263,
the following 7 courses;
Thence Northeasterly, 120 feet +/- to a point;
Thence Northeasterly, 278 feet +/- to a point;
Thence Northeasterly, 242 feet +/- to a point;
Thence Northeasterly, 294 feet +/- to a point;
Thence Northeasterly, 415 feet +/- to a point;
Thence Southwesterly, 35 feet +/- to a point;
Thence Southeasterly, 75 feet +/- to a point in the westerly right of way in Hilliard-Rome Road East, the existing Corporation Line of The City of Columbus Ordinance Number 1-68 recorded in Miscellaneous Records 144 Pg 381;
Thence Southwesterly, with said right of way and corporation line 492 feet +/-, to a point in the southerly right of way of Old Fischer Road;
Thence Southeasterly, 10 feet +/-, with said south right of way and corporation line to a point in the east right of way line of Hilliard-Rome Road East, at the northwest corner of the City of Columbus Ordinance Number 743-66, recorded in Miscellaneous Records 140 Pg- 450;
Thence Southwesterly, 21 feet +/-, with said right of way and corporation line to a point at the northeast corner of Columbus Corporation line Ordinance Number 83-98, recorded in Instrument Number 199803310074136;
Thence Northwesterly, 30 feet, with said corporation line to a point in the Centerline of Hilliard-Rome Road East, the northeast corner of said 14.782 acre tract;
Thence Southwesterly, 1020 feet+/-, with the north line of said 14.782 acre tract and said corporation line to the place of beginning;
Together with and subject to covenants, easements, and restrictions of record.
Said property to contain 11.457 acres in Franklin County, Ohio, 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.