Explanation
AN04-029
BACKGROUND: This ordinance is submitted to present to Council the transcript of proceedings and papers relating to Annexation AN04-029 a certain petition for annexation as described in the ordinance and transcript which is attached hereto. More than sixty days have elapsed since April 26, 2005, the date of receipt from the Board of County Commissioners of Franklin County.
These are submitted in accordance with the Ohio Revised Code.
FISCAL IMPACT: Provision of municipal services for a proposed annexation area has no fiscal impact. However, provision of the stated services does represent cost to the city. The annexation of land also has the potential to create revenue to the city.
Title
To accept the application (AN04-029) of Dominion Homes, Inc. for the annexation of certain territory containing 3.8 ± Acres in Washington Township and to declare an emergency.
Body
WHEREAS, a petition for the annexation of certain territory in Washington Township was duly filed by Dominion Homes, Inc. on February 23, 2005; and
WHEREAS, the 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 March 8, 2005; 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 April 26, 2005; 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; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development in that it is immediately necessary to pass this ordinance as an emergency measure because of the need for the acceptance of a 3.8 acre annexation by applicant Dominion Homes, Inc. to the City of Columbus; for the preservation of the public health, peace, property, safety, and welfare; 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 Dominion Homes, Inc. 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 February 23, 2005 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 March 8, 2005, 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, City of Columbus, lying in Virginia Military Survey 3453, being all of a 1.003 acre tract conveyed to Dominion Homes, Inc. by deed of record in Instrument Number 200307310239928 and part of the right-of-way of Avery Road (all references refer to the records of the Recorder's Office, Franklin County, Ohio) and more particularly described as follows:
BEGININNG at a point in the westerly right-of-way of said Avery Road, being in the line common to said 1.003 acre tract and a 93.195 acre tract conveyed to Dominion Homes by deed of record in Instrument Number 200409220221891, also being in the existing City of Columbus Corporation Line Ordinance Number 1553-02, of record in Instrument Number 200212260331528;
Thence with the lines common to said 1.003 and 93.195 acre tracts and said existing City of Columbus Corporation Line the following courses and distances;
Southwesterly, a distance of approximately 261 feet, to a point;
Northwesterly, a distance of approximately 150 feet, to a point;
Northeasterly, a distance of approximately 261 feet, to a point, in the westerly right-of-way line of said Avery Road;
Thence Northwesterly, a distance of approximately 1651 feet, with the westerly right-of-way line of said Avery Road;
Thence Northeasterly, a distance of approximately 60 feet, across the right-of-way of said Avery Road, to a point in the easterly right-of-way line of said Avery Road;
Thence Southeasterly, a distance of approximately 2124 feet, with the easterly right-of-way line of said Avery Road, to a point;
Thence Southwesterly, a distance of approximately 62 feet, across the right-of-way of said Avery Road, to a point in the westerly right-of-way line of said Avery Road;
Thence Northwesterly, a distance of approximately 339 feet, with the westerly right-of-way line of said Avery Road, to the POINT OF BEGINNINIG. Containing 3.8 acres 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. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the mayor neither approves nor vetoes the same.