Explanation
AN15-002
BACKGROUND: This ordinance approves the acceptance of certain territory (AN15-002) by the city of Columbus and authorizes its transfer from Plain Township to Montgomery Township per an annexation agreement between the City and Plain Township. The Ohio Revised Code (ORC) stipulates that to be effective, City acceptance must take place a minimum of 60 days (but not more than 180) from the receipt by the City Clerk of the approval notice from the county. Should City Council not take such action within this timeframe, the annexation will not take place. This petition was filed with Franklin County on February 12, 2015. The Board of Commissioners approved the annexation on March 3, 2015 and the City Clerk received notice on March 13, 2015. 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 from Plain Township be transferred to Montgomery Township. This ordinance authorizes the submission of a petition to the Franklin County Board of Commissioners, requesting that the boundary lines of Montgomery County 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 ORC. 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 area.
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 (AN15-002) of Norma F. Connett for the annexation of certain territory containing 3.682 ± acres in Plain Township; and to authorize the submission of a petition to the Board of Commissioners of Franklin County, Ohio, requesting a change in the boundary lines of Montgomery Township so as to make them identical with the corporate boundaries of the City of Columbus for this annexation.
Body
WHEREAS, a petition for the annexation of certain territory in Plain Township was filed on behalf of Norma F. Connett on February 12, 2015; 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 the attached service statement; and
WHEREAS, the proposed annexation site is located within the City's Northeast Pay-As-We-Grow (PAWG) area and is subject to the provisions of this program; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on March 3, 2015; and
WHEREAS, on March 13, 2015, 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; and
WHEREAS, the annexation agreement between Plain Township and the City of Columbus requires the City to transfer territory annexed from Plain 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 Norma F. Connett in a petition filed with the Franklin County Board of Commissioners on February 12, 2015 and subsequently approved by the Board on March 3, 2015 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, Quarter 3, Township 2, Range 16, United States Military Lands, and being part of that 2.000 acre (original) tract as described in a deed to Norma F. Connett, of record in Official Record 6398, Page A16 and Official Record 33175, Page J16, and part of that 1.943 acre (original) tract as described in a deed to Norma F. Connett, of record in Deed Book 2614, Page 167, and Official Record 33176, Page A09, all records referenced herein being to those located in the Recorder's Office, Franklin County, Ohio, and being 3.682 acres more particularly described as follows:
Beginning at a point in the southerly line of said 2.000 acre tract, in the easterly right-of-way line of Hamilton Road, 40 feet easterly of centerline, at an angle point in the existing corporation line of the City of Columbus as established by Ordinance Number 0496-2004, of record in Instrument Number 200407190166449;
Thence in a northerly direction, a distance of approximately 284 feet, along said easterly right-of-way line and said existing corporation line, through said 2.000 acre and 1.943 acre tracts, to the northerly line of said 1.943 acre tract, the southerly line of that 1.9560 acre tract as described in a deed to Sara A. Rastegar, of record in Instrument Number 200810030148794;
Thence in an easterly direction, a distance of approximately 564 feet, leaving said corporation line, along the northerly line of said 1.943 acre tract and the southerly line of said 1.9560 acre tract, to the northeasterly corner of said 1.943 acre tract, the westerly line of that 3.0 acre tract as described in a deed to Gary L. and Pamela S. Rowe, of record in Instrument Number 200010270217905, the existing corporation line of the City of Columbus as established by Ordinance Number 1419-2009, of record in Instrument Number 201001270010240;
Thence in a southerly direction, a distance of approximately 284 feet, along the easterly lines of said 1.943 acre and 2.000 acre tracts, the westerly line of said 3.0 acre tract and said existing corporation line to the southeasterly corner of said 2.000 acre tract, the northeasterly corner of that 1.5070 acre tract as described in a deed to WOB Properties LLC, of record in Instrument Number 201307100115084, an angle point in said existing corporation line;
Thence in a westerly direction, a distance of approximately 563 feet along the southerly line of said 2.000 acre tract, the northerly line of said 1.5070 acre tract and the northerly line of that 1.027 acre (tax) tract as described in a deed to Telhio Credit Union Inc., of record in Instrument Number 200402260041572, the existing corporation line of the City of Columbus as established by Ordinance Number 1024-98, of record in Instrument Number 199806160148683, to the place of beginning, containing 3.682 acres of land, with 1.814 acres being in tax parcel number 220-000173 and 1.868 acres being in tax parcel 220-000605.
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 March 3, 2015 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.