Explanation
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN22-020) 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 August 4, 2023. Franklin County approved the annexation on August 22, 2023 and the City Clerk received notice on September 13, 2023. 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 (AN22-020) of Walnut Street LLC for the annexation of certain territory containing 77.2± acres in Plain Township.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was filed on behalf of Walnut Street LLC on August 4, 2023; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on August 22, 2023; and
WHEREAS, on September 13, 2023, 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 Walnut Street LLC in a petition filed with the Franklin County Board of Commissioners on August 4, 2023 and subsequently approved by the Board on August 22, 2023 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, part of Section 6, Quarter Township 2, Township 2, Range 16 of the United States Military District, and being all of a 77.956 acre tract as described in a deed to Walnut Street, LLC in Instrument No. 201910160137656, all records on file in the Recorder's Office, Franklin County, Ohio, and being further described as follows:
Commencing at the northeasterly corner of Section 6, the northwesterly corner of Section 7 and the southeasterly corner of Section 5, said beginning also being the northeasterly corner of said 77.956 acre tract and on the centerline of Walnut Street, C.R. 19, by Road Record 19 page 5 (60' R/W);
Thence Southerly, crossing the right of way of Walnut Street and following the easterly line of said
77 .956 acre tract, for a distance of 30.00 feet to the True Place of Beginning of the parcel herein described;
Thence Southerly, following the easterly line of said 77 .956 acre tract and the westerly lines of a 0.5 acre tract to Joseph Cicman in Instrument No. 202012170201825, passing the southwesterly corner of said 0.5 acre tract and a corner of the City of Columbus Corporation line as established by Ordinance 1631- 2003, recorded in Instrument No. 200309190299625 and as shown in Plat Book 102 page 82 at a distance of+/- 201 feet, then continuing along said corporation line and the easterly line of a 17 .987 acre tract to Harlem Road Real Estate in Instrument No. 201310030167722, passing the southwesterly corner of said 17.987 acre tract and a corner common with said corporation line at a distance of+/- 1421 feet, continuing along the westerly lines of a 5.295 acre tract to Samuel J. and Melissa Partch in Instrument No. 201712290183144 and a 2.68 acre tract to Paul S. Hillenbrand in Deed Book 3530 page 365, passing the southwesterly corner of said 2.68 acre tract and a corner common with corporation line at a distance of+/- 1871 feet, continuing along said corporation line and the westerly line of a 7.0826 acre tract to Minh C. Nguyen in Instrument No. 201905230060952, for a distance of+/- 2649 feet to the southeasterly corner of said 77.956 acre tract, the southwesterly corner of said 7.0826 acre tract and being on the northerly line of a 16.201 acre tract to Pulte Homes of Ohio, LLC in Instrument No. 201903120027707;
Thence Westerly, following the southerly line of said 77.956 acre tract, said corporation line and the northerly lines of said 16.201 and then of Reserve F and Reserve B of the Townes at Hamilton Woods in Plat Book 132 page 223 and described to M/I Homes of Central Ohio in Instrument No. 202105140086433, for a distance of+/- 1,358 feet to the southwesterly corner of said 77.956 acre tract and the southeasterly corner of a 39.213 acre tract to New Albany Apartments 22, LLC in Instrument No. 202206030083799;
Thence Northerly, following the westerly line of said 77.956 acre tract, said corporation line and the easterly line of said 39.213 acre tract, for a distance of+/- 2,367 feet to the southwesterly corner of a 1.044 acre tract to Raymond E. Cole Jr. and Bernice K. Cole in Instrument No. 201509020123520;
Thence Easterly, following the southerly line of said 1.044 acre tract, for a distance of+/- 150 feet to the southeasterly corner of said 1.044 acre tract;
Thence Northerly, following the easterly line of said 1.044 acre tract, for a distance of+/- 273 feet to the southerly line of Walnut Street;
Thence Easterly, following the southerly line of Walnut Street and passing through said 77.956 acre tract, for a distance of+/- 287 feet to the westerly line of a 1.000 acre tract to Brett Cox and Tara Cox in Instrument No. 202208300124772;
Thence Southerly, following the westerly line of said 1.000 acre tract, for a distance of+/- 234 feet to the southwesterly corner of said 1.000 acre tract;
Thence Easterly, following the southerly line of said 1.000 acre tract, for a distance of+/- 165 feet to the southeasterly corner of said 1.000 acre tract;
Thence Northerly, following the easterly line of said 1.000 acre tract, for a distance of+/- 234 feet to the southerly line of Walnut Street;
Thence Easterly, following the southerly line of Walnut Street and passing through said 77.956 acre tract, for a distance of+/- 756 feet to the True Place of Beginning of this description, and containing 77.236 acres of land, more or less, and being part of Franklin County Auditor Parcel No. 220-000007.
Right of way acreage note: 0.720 acres of said 77.956 acre tract lays within Present Road Occupied by Walnut Street and is not part of this annexation.
All references to the City of Columbus Corporation line are by Ordinance No. 1631-2003, recorded in Instrument No. 220309190299625 and shown in Plat Book 102 page 82.
The above description was prepared in the office of MS Consultants, Inc. located at 2221 Schrock Road, Columbus, Ohio by Chad S. Snow in December 2022, from the best available County Records. This information was not derived from an actual field survey. The above description is not valid for the
transfer of real property, and is not to be utilized in place of a Boundary Survey as defined by the Ohio Administrative Code in Chapter 4733-37.
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 August 22, 2023 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.