Explanation
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN24-010) by the city of Columbus and authorizes its transfer from Blendon 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 October 8, 2024. Franklin County approved the annexation on November 19, 2024 and the City Clerk received notice on January 2, 2025. 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 Blendon Township. The annexation agreement also requires that territory annexed to the City of Columbus from Blendon 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.
Title
To accept the application (AN24-010) of Kashmiry Investments LLC for the annexation of certain territory containing 0.544± acres in Blendon Township.
Body
WHEREAS, a petition for the annexation of certain territory in Blendon Township was filed on behalf of Kashmiry Investments LLC on October 8, 2024; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on November 19, 2024; and
WHEREAS, on January 2, 2025, 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,
WHEREAS, the annexation agreement between Blendon Township and the City of Columbus requires the City to transfer territory annexed from Blendon Township to the city of Columbus and to conform the boundaries of Montgomery Township to make them identical with the corporate limits of the city; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the annexation proposed by Kashmiry Investments LLC in a petition filed with the Franklin County Board of Commissioners on October 8, 2024 and subsequently approved by the Board on November 19, 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 Blendon, and being Lots 140 and 141 of Blendon Addition, of record in Plat Book 7, page 410, as described in a deed to Kashmiry Investments LLC, of record in Instrument Number 202402070012517, and part of that 15 foot alley along the north side of said lots, all records referenced herein being to those located in the Recorder's Office, Franklin County, Ohio, and being more particularly described as follows:
BEGINNING at a point at the southwest corner of said Lot 141, the southeast corner of Lot 142 of said Blendon Addition, on the northerly right-of-way line of Minerva Avenue (50 feet wide), and on the existing City of Columbus corporation line, at a corner of annexation by Ordinance #2018-75 ( of record in Miscellaneous Record 165, Page 925) and Ordinance #63-02 (of record in Instrument Number 200205220127026) and being the POINT OF BEGINNING of the annexation tract herein described.
Thence North 3°42'32" East, along said existing City of Columbus corporation line, the westerly line of said Lot 141 and the easterly line of said Lot 142, then crossing through said 15 foot wide alley, a distance of 208± feet to a point on the northerly right-of-way line of said 15 foot wide alley, in the southerly line of Lot 91 of Waltham Place Section 1, a subdivision of record in Plat Book 86, Page 54, on the existing City of Columbus corporation line by Ordinance #1697-56 ( of record in Miscellaneous Record 99, Page 311 );
Thence South 86°39'49" East, along the northerly line of said 15 foot wide alley, the southerly line of Lots 91, 90 and 89 of said Waltham Place Section 1 and said existing corporation line, a distance of 114± feet to a point in the southerly line of said Lot 89;
Thence with a proposed City of Columbus corporation line South 03°42'32" West, crossing through said 15 foot wide alley and then along the easterly line of said Lot 140 and the westerly line of Lot 139 of said Blendon Addition, a distance of 208± feet to a point at the southeast corner of said Lot 140, the southwest corner of said Lot 139, in the northerly right-of-way line of said Minerva Avenue;
Thence with a proposed City of Columbus corporation line North 86°39'49" West, along the southerly line of said Lots 140 and 141 and said northerly right-of-way line, a distance of 114± feet to the POINT OF BEGINNING, containing 0.544 acres, more or less.
Bearings hereon are based on the northerly right-of-way line of Minerva Avenue being N86°39'49"W and are referenced to State Plane Grid, Ohio South Zone, per an Ohio RTN Survey (NAD83, 2011 Adjustment, Epoch 2010.0).
This description was prepared by Pro Boundary, LLC, and based on record information from the Franklin County Engineer, Recorder, and Auditor, and is not intended for the transfer of real property.
The total perimeter of annexation area is 644 feet, of which 322 feet is contiguous with the City of Columbus, having 50% contiguity.
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 Blendon Township, which by the order of the Board of County Commissioners of Franklin County, Ohio, on November 19, 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.