Explanation
AN21-006
BACKGROUND:
This ordinance approves the acceptance of certain territory (AN21-006) 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 April 22, 2021. City Council approved a service ordinance addressing the site on May 10, 2021. Franklin County approved the annexation on May 25, 2021 and the City Clerk received notice on June 29, 2021.
The annexation agreement between the City and Township was executed while the annexation of the subject territory was in progress, and the agreement stipulates its boundaries be conformed to Montgomery Township following acceptance. 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.
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 (AN21-006) of Thomas and Robin Richey for the annexation of certain territory containing 8.95± acres in Blendon 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 Blendon Township was filed by Thomas and Robin Richey on April 22, 2021; and
WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on May 25, 2021; and
WHEREAS, on June 29, 2021, 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 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 Thomas and Robin Richey in a petition filed with the Franklin County Board of Commissioners on April 22, 2021 and subsequently approved by the Board on May 25, 2021 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, in Quarter Township 3, Township 2, Range 17, United States Military District, being comprised of all of that 8.0 acre tract of land conveyed to Thomas K. Richey and Robin S. Richey by deed of record in Instrument Number 201009220123262, part of that 8.934 acre tract conveyed to Lamb of God Evangelical Lutheran Church by deed of record in Deed Book 3383, Page 607, part of that 2.100 acre tract of land conveyed to Hamilton Hotels LLC by deed of record in Instrument Number 201406270082310, part of that 0.83 7 acre tract of land conveyed to City of Columbus by deed of record in Official Record 21443C19, part of that 0.099 acre tract of land conveyed to City of Columbus by deed of record in Instrument Number 20051220269198, part of that 0.0375 acre tract of land conveyed to City of Columbus by deed of record in Official Record 30577D08, part of that tract of land conveyed to City of Columbus by deed of record in Official Record 30686B05, and part of that 0.307 acre tract of land conveyed to City of Columbus by deed of record in Instrument Number 201101280014656, (all references are to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows:
BEGINNING at a point in the westerly right-of-way line of Sunbury Road, in the existing City of Columbus corporation line, as established by Ordinance Number 1700-74, of record in Miscellaneous Record 163, Page 940, in the northerly line of said 8.934 acre tract, the southerly line of said 8.0 acre tract;
Thence northwesterly, with said northerly line and said corporation line (1700-74) a distance of approximately 1234 feet to a point in the centerline of Alum Creek, in the existing City of Columbus corporation line, as established by Ordinance Number 1054-67, of record in Miscellaneous Record 143, Page 563, the easterly line of that 43.281 acre tract conveyed to City of Columbus by deed of record in Deed Book 3386, Page 395;
Thence northerly, with said centerline, said easterly line, and said corporation line (1054-67), a distance of approximately 133 feet to the southwesterly comer of that tract 8.336 acre tract conveyed to Daniel G. Myers and Cie Ann Myers by deed of record in Instrument Number 201706140080450;
Thence with the boundary of said Myers tract the following courses and distances:
Easterly, a distance of approximately 615 feet to a point;
Southeasterly, a distance of approximately 4 72 feet to a point;
Southeasterly, a distance of approximately 78 feet to a point; and
Southeasterly, a distance of approximately 356 feet to a point in the easterly right of way line of Sunbury Road, in the existing City of Columbus corporation line, as established by Ordinance Number 1632-80, of record in Miscellaneous Record 64, Page G-05;
Thence southwesterly, with said easterly right of way line and said corporation line
(1632-80), a distance of approximately 731 feet to a point in the northerly line of the existing City of Columbus corporation line, as established by Ordinance Number 2239-97, of record in Instrument Number 199801280019425;
Thence westerly, crossing said Sunbury Road and with said corporation line, a distance of approximately 100 feet to a point in the westerly right of way line of said Sunbury Road;
Thence northeasterly, with said westerly right of way line and with the existing City of Columbus corporation line, as established by Ordinance Number 639-89, of record in Official Record 13293001, a distance of approximately 100 feet to a point;
Thence northeasterly, with said westerly right of way line and with the existing City of Columbus corporation line, as established by Ordinance Number 877-01, of record in Instrument Number 200111290276971, a distance of approximately 98 feet to a point;
Thence northeasterly, with said westerly right of way line and with said corporation line (877-01 and 1700-74), a distance of approximately 387 feet to the POINT OF BEGINNING, containing 8.95 acres of land, 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 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 May 25, 2021 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.