Explanation
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN24-008) by the city of Columbus and authorizes its transfer from Washington 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 30, 2024. Franklin County approved the annexation on June 18, 2024 and the City Clerk received notice on July 18, 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 Washington Township. The annexation agreement also requires that territory annexed to the City of Columbus from Washington 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 Northwest 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 (AN24-008) of Abbasi Farms & Columbus et al for the annexation of certain territory containing 13.38± acres in Washington Township. ($0.00)
Body
WHEREAS, a petition for the annexation of certain territory in Washington Township was filed on behalf of Abbasi Farms & Columbus et al on May 30, 2024; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on June 18, 2024; and
WHEREAS, on July 18, 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; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the annexation proposed by Abbasi Farms et al in a petition filed with the Franklin County Board of Commissioners on May 30, 2024 and subsequently approved by the Board on June 18, 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 Washington, being located in Virginia Military Survey Number 1618, Virginia Military District, being part of that 34.118 acre tract described in deeds to Columbus and Franklin County Metropolitan Park District, of record in Instrument Number 200004030063910 and Official Record 109, Page 784 (Madison County Recorder's), and being part of that 150.040 acre tract described in deeds to Abbasi Farms, Ltd., of record in Instrument Number 201111180151008 and Official Record 271, Page 2197 (Madison County Recorder's), all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, unless noted otherwise, and being further bounded and described as follows;
BEGINNING at a point on the existing northeast line of said 34.118 acre tract, being a southwest corner of that 164.07 acre tract described in deeds to Lloyd J. Kurtz, of record in Instrument Number 199801150010236 and Official Record 336, Page 634 (Madison County Recorder's), being a northwest corner of that 55.036 acre tract described in a deed to Western Property LLC, of record in Instrument Number 200808220128144, and being at a common point between Washington Township, Brown Township and City of Columbus;
Thence South 85 degrees 37 minutes 08 seconds West, along the common line between Washington Township and Brown Township, across said 34.118 acre tract and said 150.040 acre tract, a distance of 1,102.50 feet to a point on the common line between Franklin County and Madison County, being at the common point between Washington Township, Brown Township and Canaan Township;
Thence North 02 degrees 28 minutes 43 seconds East, along the common line between Franklin County and Madison County, and along the common line between Washington Township and Canaan Township, across said 150.040 acre tract and said 34.118 acre tract, a distance of 1,070.45 feet to a point on a northeast line of said 34.118 acre tract, being on a southwest line of said 164.07 acre tract, and being at the common point between Washington Township, Canaan Township and City of Columbus;
Thence along the northeasterly lines of said 34.118 acre tract, along the southwesterly lines of said 164.07 acre tract, and along the common line between Washington Township and City of Columbus (see Ordinance Number 0740-05 and Instrument Number 200508180168045) along the following three (3) described courses:
1. South 47 degrees 15 minutes 42 seconds East, a distance of 425.24 feet to a point;
2. South 79 degrees 24 minutes 18 seconds West, a distance of 11.22 feet to a point;
3. South 47 degrees 15 minutes 42 seconds East, a distance of 1,023.45 feet to the POINT OF BEGINNING for this description.
The above description contains a total of 13.388 acres of which: 2.135 acres is located within Franklin County Auditor's Parcel Number 272-000115, and 11.253 acres is located within Franklin County Auditor's Parcel Number 272-000206. Bearings described hereon are based on Grid North, NAO 83, per the Franklin County GIS.
The above description was prepared by Michael J. Ward, Registered Professional Surveyor Number 8808, is based on Franklin County GIS data and recorded documents, and is true and correct to the best of knowledge and belief.
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 Washington Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on June 18, 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.