Explanation
AN09-003
BACKGROUND: This ordinance approves the acceptance of certain territory (AN09-003) by the City. The Ohio Revised Code (ORC) stipulates that the once an annexation has been approved, it must be accepted by the receiving municipality within 180 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 May 14, 2009. Franklin County approved the annexation on May 26, 2009 and the City Clerk received notice on June 2, 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 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 (AN09-003) of Garry L. and Pamela S. Rowe for the annexation of certain territory containing 4.8± acres in Plain Township.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was duly filed on behalf of Garry L. and Pamela S. Rowe on May 14, 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, 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 May 26, 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 June 2, 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 Garry L. and Pamela S. Rowe 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 May 14, 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 May 26, 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, being part of Quarter Township 3, Township 2, Range 16, United States Military Lands, being all of the 3 Acre tract conveyed to Garry L. and Pamela S. Rowe of record in Instrument Number 200010270217905 (Recorder's Office Franklin County, Ohio), being all of Auditor's Parcel Number 220-000525, and being more particularly described as follows:
Beginning at the intersection of the west line of said Rowe 3 Acre tract with the centerline of Thompson Road (Township Road # 195, 40 feet wide, Road Record 14, Page 486-491), said point of intersection being in the existing corporation line for the City of Columbus (City of Columbus Ordinance No. 1951-93 of record in Official Record Volume 24303 F-05);
Thence, in a northerly direction approximately 1,219 feet along the west line of said Rowe 3 Acre tract, the existing corporation line of City of Columbus (City of Columbus Ordinance No. 1951-93 of record in Official Record Volume 24303 F-05 and City of Columbus Ordinance No. 1024-98 of record in Instrument Number 199806160148683), the east lines of the Perpsi Investment II LLC 3.829 Acre tract, the CSW Hamilton LLC 1.801 Acre tract, the CSW Hamilton LLC 0.748 Acre tract, and along the proposed City of Columbus Corporation Line consisting of the east lines of the Norma F. Connett 2.00 Acre tract and 1.943 Acre tract, and the Zahra Rastegar 1.956 Acre tract to a point at the northwest corner of said 3 Acre tract and in the south line of the April Gates 2.00 Acre tract;
Thence, in an easterly direction approximately 107 feet along the Proposed City of Columbus Corporation Line, part of the south line of said Gates 2.00 Acre tract and the north line of said Rowe 3 Acre tract to the northeast corner of said Rowe 3 Acre tract, the southeast corner of said Gates 2.00 Acre tract and in the west line of Lot 294 of The Preserve Section 6, Part 1 (Plat Book 97, Page 71) and in the existing corporation line for the City of Columbus (City of Columbus Ordinance No. 1158-78 of record in Miscellaneous Record 170, Page 268);
Thence, in a southerly direction approximately 1,199 feet along the east line of said Rowe 3 Acre tract and part of the west line of said Lot 294, the west line of Lot 293 of said The Preserve Section 6, Part 1, the west line of Lots 369,368,367,366,365,364,363,362 and 361 of The Preserve Section 7, Part 1 (Plat Book 102, Page 43), the west line of Lots 395,394,393, 392, 391 and 390 of The Preserve Section 7, Part 2 (Plat Book 102, Page 45), and along the existing corporation line for the City of Columbus (City of Columbus Ordinance No. 1158-78 of record in Miscellaneous Record 170, Page 268) to the original Right-of-Way line of said Thompson Road (40 feet wide) and in the existing City of Columbus Corporation Line (City of Columbus Ordinance No. 1158-78 of record in Miscellaneous Record 170, Page 268);
Thence, in an easterly direction approximately 1,629 feet along the original Right-of-Way of said Thompson Road and the existing City of Columbus Corporation Line (City of Columbus Ordinance 1158-78 Miscellaneous. Record 170, Page 268 and City of Columbus Ordinance
641-89 Official Record Volume 13292 G-18) to a point in the easterly line of said Ordinance 1158-78;
Thence, in a southerly direction approximately 60 feet along said Existing City of Columbus Corporation Line (Case Number 42-99) and across said Thompson Road to a point 40 feet south of said centerline;
Thence, in a westerly direction approximately 547 feet along said Proposed City of Columbus Corporation Line, the south line of said Thompson Road (Instrument Number 200502040022202 and Instrument Number 2003092703100616) and across the Galiardi 3.00 Acre tract (Official Record Volume 18002 02) and across the Judith A. Davis 3.00 Acre tract (Official Record Volume 30152 J-08) to a point in the west line of said Davis tract;
Thence, in a northerly direction approximately 20 feet along said Proposed City of Columbus Corporation Line and along part of the west line of said Davis Tract;
Thence, in a westerly direction approximately 1,190 feet along said Existing City of Columbus Corporation Line (City of Columbus Ordinance 642-89, Official Record Volume 13292 F-10) and the south line of said Thompson Road (Official Record Volume 22207 H-19);
Thence, in a northerly direction approximately 20 feet along said Existing City of Columbus Corporation Line (Ordinance 1951-83; Official Record Volume 24303 F-05)
to the place of beginning CONTANING APPROXIMATELY 4.8 ACRES.
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.