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File #: 0036-2023    Version: 1
Type: Ordinance Status: Passed
File created: 12/22/2022 In control: Economic Development Committee
On agenda: 2/6/2023 Final action: 2/8/2023
Title: To accept the application (AN22-009) of Julie G. Steward, Molly Jo Rieder & Matthew J. Kaderly, Luther E. Kaderly, and Marie E. Kaderly for the annexation of certain territory containing 166.2± acres in Prairie Township.
Attachments: 1. 0036-2023 AN22-009 Plat, 2. 0036-2023 AN22-009 Service Statement, 3. 0036-2023 AN22-009 Briefing Sheet

Explanation

 

BACKGROUND:

This ordinance approves the acceptance of certain territory (AN22-009) by the city of Columbus. 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 August 31, 2022. City Council approved a service ordinance addressing the site on September 12, 2022. Franklin County approved the annexation on September 27, 2022 and the City Clerk received notice on October 18, 2022.

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 (AN22-009) of Julie G. Steward, Molly Jo Rieder & Matthew J. Kaderly, Luther E. Kaderly, and Marie E. Kaderly for the annexation of certain territory containing 166.2± acres in Prairie Township.

 

 

Body

 

WHEREAS, a petition for the annexation of certain territory in Prairie Township was filed on behalf of Julie G. Steward, Molly Jo Rieder & Matthew J. Kaderly, Luther E. Kaderly, and Marie E. Kaderly on August 31, 2022; and

WHEREAS, the petition was considered and approved by the Franklin County Board of Commissioners at a hearing on September 27, 2022; and

WHEREAS, on October 18, 2022, 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,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS

SECTION 1. That the annexation proposed by Julie G. Steward, Molly Jo Rieder & Matthew J. Kaderly, Luther E. Kaderly, and Marie E. Kaderly in a petition filed with the Franklin County Board of Commissioners on August 31, 2022 and subsequently approved by the Board on September 27, 2022 is hereby accepted and said territory is hereby annexed to the city of Columbus. Said territory is described as follows:

Situate in the State of Ohio, County of Franklin, Prairie township, being in Virginia Military Survey Numbers 5106, 5742 and 9221 and also being all of Parcels 1, 2, 3, 4, 5, 6, and a portion of Tract 1 as all are conveyed to Luther E. Kaderly, Trustee of the Luther E. Kaderly Trust dated November 19, 1992, and Marie E. Kaderly, Trustee of the Marie E. Kaderly Truest dated November 19, 1992 in Official Record

21723, Page A01, all of a 0.6334 acre tract as conveyed to Matthew J. Kaderly and Molly Jo Rieder in Instrument Number 200812170180400, all of a 2.672 acre tract {Tract 1) and all of a 2.427 acre tract

{Tract 2) as both are conveyed to Julia G. Steward in Instrument Number 201001200006996, a 1.9937 Ac. (30-WD) as conveyed to Franklin County Commissioners in Official Record 25690, Page E17, a portion of Galloway Road as dedicated in Plat Book 25, Page 43, a 0.1017 Ac. (26-WD) and a 0.0201 acre tract (26-WDl) as conveyed to Franklin County Commissioners in Official Record 25819, Page H19, a portion of a 4.7749 acre tract (25-WD) as conveyed to Franklin County Commissioners in Official Record 25166, Page H04, a portion of Hall Road as dedicated in Plat Book 101, Page 54 as further described as follows;

Commencing at FCGS 0074 found at an angle point in the centerline of Alton Road (R/W Varies), the southwest corner of said Kaderly Tract 1 and the northwest corner of a 60.365 acre tract as conveyed to Allen E. McDowell, Trustee for the benefit of Diane A. McDowell in Deed Volume 2909, Page 649, Tract 2;

Thence with the south line of said Kaderly Tract 1 and the north line of said 60.365 acre tract, S 86° 45' 41" E, 30.0± feet to the easterly right of way line of Alton Road and being the TRUE POINT OF BEGINNING for the land herein describes as follows;

Thence crossing said Kaderly Tract 1 with the easterly right of way line of Alton Road, N 04° 12' 18" E,

588.1± feet to the north line of said Kaderly Tract 1 and the south line of a 0.717 acre tract as conveyed to David Hawk in Instrument Number 200310030318803;

Thence with the north line of said Kaderly Tract 1, the south line of said 0.717 acre tract, the south line of O'Harra Estates as recorded in Plat Book 32, Page 10, the south line of O'Harra Estates No. 2 as recorded in Plat Book 32, Page 47, the south line of a 1.641 acre tract as conveyed to Ernest V. Whittington in Official Record 19104, Page B02, Parcel 2, S 86° 45' 33" E, 2245.8± feet to a northeast corner of said Kaderly Tract 1, the southeast corner of said 1.641 acre tract, being in the west line of said Kaderly Parcels 1 to 7, also being in the east line of Virginia Military Survey Number 5106 and the west line of Virginia Military Survey Numbers 5742 and 9221;

Thence with the west line of said Kaderly Parcels 1 to 7, the east line of said 1.641 acre tract, the east line of Virginia Military Survey Number 5106 and the west line of Virginia Military Survey Numbers 5742 and 9221, N 02° 45' 33" E, 154.3± feet to the northwest corner of said Kaderly Parcels 1 to 7, being in the west line of a 61.067 acre tract as conveyed to Broadlawn Realty in Deed Volume 2237, Page 318, the west line of Virginia Military Survey Number 5242, the east line of said Virginia Military Survey 5742 and 9921, and being the northwest corner of an existing City of Columbus Corporation Line (Case #73- 00, Ord. #879-01, I.N. 200108020177448);

Thence with the north line of said Kaderly Parcels 1 to 7, the west line of said 61.067 acre tract, the west line of The Village at Galloway Run Forty-Seventh Amendment to Condominium as recorded in Condo Plat Book 216, Page 35, the west line of a 6.326 acre tract as conveyed to Columbia Heights United Methodist Church in Instrument Number 200602270036905, the east line of Virginia Military Survey Numbers 5742 and 9221, the west line of Virginia Military Survey Number 5242, the west line of said existing City of Columbus Corporation Line (Case #73-00, Ord. #879-01, I.N. 200108020177448), the west line of an existing City of Columbus Corporation Line (Case #19-00, Ord. #1505-00, I.N.

200009270196262), the west line of an existing City of Columbus Corporation Line (Case #35-05, Ord. #0028-06, I.N. 200603030040800), S 39° 06' 16" E, 3095.1± feet to the southwest corner of said 6.326 acre tract, being an angle point in the north line of Kaderly Parcels 1 to 7, the northwest corner of said 2.672 acre tract as conveyed to Julia G. Steward in Instrument Number 201001200006996, Tract 1, the

northwest corner of the remainder of said 2.427 acre tract as conveyed to Julia G. Steward in Instrument Number 201001200006996, Tract 2;

Thence with the north line of said of said 2.672 acre tract, the south line of said 6.326 acre tract and the south line of a 2.076 acre tract as conveyed to Karen Basel in Instrument Number 200311130363739, the south line of an existing City of Columbus Corporation Line (Case #35-05, Ord. #0028-06, I.N.

200603030040800), S 76° 20' 01" E, 687.4± feet to the northeast corner of said 2.672 acre tract {Tract 1), the southeast corner of said 2.076 acre tract, the southwest corner of a 0.296 acre tract (38-WD) as conveyed to the Franklin County Commissioners in Official Record 25166, Page H11, the northwest corner of a 0.3116 acre tract (34-WD) as conveyed to the Franklin County Commissioners in Official Record 25166, Page H14, and being in the westerly right of way line of Galloway Road;

Thence with the east line of said 2.672 acre tract (Tract 1), the west line of said 0.3116 acre tract (34-WD) and the westerly right of way line of Galloway Road, S 13° 08' 36" W, 186.9± feet to the southeast corner of said 2.672 acre tract and the northeast corner of the remainder of said 2.427 acre tract and being an angle point in the west line of said 0.3116 acre tract (34-WD);

Thence with the east line of the remainder of said 2.427 acre tract (Tract 2), the east line of said Kaderly Parcels 1 to 7, the west line of said 0.3116 acre tract (34-WD) and the west line of a 1.9937 acre tract (30- WD) as conveyed to the Franklin County Commissioners in Official Record 25690, Page E17 and the westerly right of way line of Galloway Road, S 12° 23' 00" W, 345.8± feet;

Thence crossing Galloway Road as dedicated with said 1.9937 acre tract (30-WD) and as dedicated by Kaderly's Westview Estates in Plat Book 25, Page 43, and also with the south line of a 0.0391 acre tract (27-WD) as conveyed to Franklin County Commissioners in Official Record 25113, Page J02 and the north line of a 0.0201 acre tract (26-WDl) as conveyed to the Franklin County Commissioners in Official Record 25819, Page H19, S 76° 51' 23" E, 84.1± feet to the southeast corner of said 0.0391 acre tract (27- WD), the northeast corner of said 0.0201 acre tract (26-WDl), the southwest corner of the remainder of Lot 9 as created in Kaderly's Westview Estates in Plat Book 25, Page 43 and the northwest corner of the remainder of Reserve "A" as created in Plat Book 25, Page 43 and also being in the easterly right of way line of Galloway Road and the west line of an existing City of Columbus Corporation Line (Case #17-01, Ord. #1448-01, I.N. 200206040031934);

Thence with the east line of said 0.0201 acre tract (26-WDl), the west line of the remainder of said Reserve "A" and the easterly right of way line of Galloway Road, the west line of an existing City of Columbus Corporation Line (Case #17-01, Ord. #1448-01, I.N. 200206040031934), S 10° 50' 51" W,

127.8± feet to the southeast corner of said 0.0201 acre tract (26-WDl), being an angle point in the west line of the remainder of said Reserve "A" and an angle point in the easterly right of way of Galloway Road;

Thence with the west line of the remainder of said Reserve "A", the easterly right of way line of Galloway Road created by Plat Book 25, Page 43, the west line of an existing City of Columbus Corporation Line (Case #17-01, Ord. #1448-01, I.N. 200206040031934), S 02° 46' 31" W, 294.4± feet to the southwest

corner of the remainder of said Reserve "A", the northwest corner of said a 0.1017 Acre Tract (26-WD), and being intersection of the easterly right of way line of Galloway Road and the northerly right of way line of Hall Road;

Thence with the south line of the remainder of said Reserve "A", the north line of said 0.1017 Acre Tract (26-WD), the northerly right of way line of Hall Road and the south line of an existing City of Columbus Corporation Line (Case #17-01, Ord. #1448-01,

I.N. 200206040031934), S 80° 38' 37" E, 157.1± feet to an angle point in the south line of the remainder of said Reserve "A" , an angle point in the north line of said 0.1017 Acre Tract (26-WD) and being and angle point in the northerly right of way line of Hall Road;

Thence with the south line of the remainder of said Reserve "A", the north line of said 0.1017 Acre Tract (26-WD), the northerly right of way line of Hall Road, the south line of an existing City of Columbus Corporation Line (Case #17-01, Ord. #1448-01, I.N. 200206040031934), S 86° 22' 22" E, 100.2± feet;

Thence crossing said 26-WD and Galloway Road along the east line of a 4. 779 acre tract (25-WD) as conveyed to Franklin County Commissioners in Official Record 25166, Page H04, S 03° 37' 46" W, 80.0± feet to the southeast corner of said 4.779 acre tract (25-WD) and the southerly right of way line of Galloway Road;

Thence with the south line of said 4.7749 acre tract (25-WD), the southerly right of way line of Galloway Road and the north line of an existing City of Columbus Corporation Line (Case #21-98, Ord. #2448-98, I.N. 200003080046012), N 86° 22' 14" W, 100.0± feet to an angle point in said line;

Thence continuing with the south line of said 4.7749 acre tract (25-WD), the southerly right of way line of Galloway Road and the north line of an existing City of Columbus Corporation Line (Case #21-98, Ord. #2448-98, I.N. 200003080046012), S 82° 19' 10" W, 51.0± feet to an angle point in said line;

Thence continuing with the south line of said 4. 7749 acre tract (25-WD), the southerly right of way line of Galloway Road and the north line of an existing City of Columbus Corporation Line (Case #21-98, Ord. #2448-98, I.N. 200003080046012), N 86° 23' 09" W, 174.9± feet to the intersection of the southerly right of way line of Hall Road and the easterly right of way line of Galloway Road, being an angle point in the east line of said 4. 7749 acre tract (25-WD) as conveyed to the Franklin County Commissioners in Official Record 25166, Page H04 and being in the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012);

Thence across said 4. 7749 acre tract (25-WD) with the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012), S 86° 45' 43" W, 125.9± feet to

the intersection of the southerly right of way line of Hall Road and the westerly right of way line of Galloway Road;

Thence with the south line of said 4.7749 acre tract (25-WD), the southerly right of way of Hall Road and the north line of an existing City of Columbus Corporation Line (Case #41-99, Ord. #308-00, I.N.

200006010107184), N 83° 34' 33" W, 500.4± feet to an angle point in said line;

Thence continuing with the south line of said 4. 7749 acre tract (25-WD), the southerly right of way of Hall Road and the north line of an existing City of Columbus Corporation Line (Case #41-99, Ord. #308- 00, I.N. 200006010107184), N 86° 24' 54" W, 189.6± feet to an angle point in the west line of said 4.

7749 acre tract (25-WD) and angle point in the southerly right of way line of Hall Road;

Thence with the west line of said 4.7749 acre tract (25-WD) across Hall Road, a 1.2665 acre tract ( 48- WD) as conveyed to the Franklin County Commissioner in Official Record 16674, Page J12, N 03° 17' 02" E, 81.1± feet to the north line of said 1.2665 acre tract ( 48-WD), the south line of said Kaderly Parcels 1 to 7 and the northerly right of way line of Hall Road;

Thence with the north line of said 1.2665 acre tract (48-WD), the south line of said Kaderly Parcels 1 to 7 and the northerly right of way line of Hall Road, N 84° 43' 51" W, 282.7± feet to an angle point in said

line and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012);

Thence continuing with the north line of said 1.2665 acre tract (48-WD), the south line of said Kaderly Parcels 1 to 7, the northerly right of way line of Hall Road and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012), N 86° 31' 36" W,

458.4± feet to a point of curvature in said line;

Thence continuing with the north line of said 1.2665 acre tract ( 48-WD), the south line of said Kaderly Parcels 1 to 7, the northerly right of way line Hall Road and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012) along a curve to the left having a central angle of 14° 32' 49", a radius of 1091.74 feet, an arc length of 277.18 feet, and a chord bearing and distance of S 86° 12' 00" W, 276.44 feet to the point of tangency in said line;

Thence with the north line of said 1.2665 acre tract (48-WD), the south line of said Kaderly Parcels 1 to 7, the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012) across Hall Road, N 86° 31' 35" W, 175.7± feet to an angle point in said line;

Thence continuing with the north line of said 1.2665 acre tract ( 48-WD), the south line of said Kaderly Parcels 1 to 7 and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012) across Hall Road, N 77° 13' 34" W, 92.8± feet to an angle point in the north line of said 1.2665 acre tract ( 48-WD), an angle point in the northerly right of way line of Hall Road and an angle point in the south line of said Kaderly Parcels 1 to 7;

Thence with the north line of said 1.2665 acre tract (48-WD), the south line of said Kaderly Parcels 1 to 7, the northerly right of way line of Hall Road and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012), N 86° 31' 35" W, 74.9± feet to

the northwest corner of said 1.2665 acre tract ( 48-WD) and an angle point in the south line of said Kaderly Parcels 1 to 7;

Thence with the west line of said 1.2665 acre tract (48-WD), the west line of a 4.6991 acre tract ( 47-WD) as conveyed to Franklin County Commissioners in Official Record 17416, Page D16, the east line of Hall Road as dedicated in Plat Book 101, Page 54 and the north line of an existing City of Columbus Corporation Line (Case #32-99, Ord. #2427-99, I.N. 200003080046012), S 03° 28' 38" W, 60.0± feet to

an angle point in the west line of said 4.6991 acre tract ( 47-WD) and being in the southeast corner of Hall Road as dedicated in Plat Book 101, Page 54 and being in the southerly right of way line of Hall Road;

Thence with the southerly right of way line of Hall Road as dedicated in Plat Book 101, Page 54 and the north line of an existing City of Columbus Corporation Line (Case #32- 99, Ord. #2427-99, I.N.

200003080046012), N 86° 31' 35" W, 793.8± feet to the southwest corner of Hall Road as dedicated in Plat Book 101, Page 54 and being in the east line of the remainder of a 25.043 acre tract as conveyed to S.Shawn Schlosser, married and Nicole A. Schlosser, Married, Joint Tenants with rights of Survivorship in Instrument Number 201303220048212;

Thence with the west line of Hall Road as dedicated in Plat Book 101, Page 54 and the east line of the remainder of said 25.043 acre tract, N 03° 43' 24" E, 30.0± feet to the northeast corner of the remainder of said 25.043 acre tract, the northwest corner of Hall Road as dedicated in Plat Book 101, Page 54, being in the centerline of Hall Road, and being in the north line of VMS 1473 and the south line of VMS 5742 and VMS 9221;

Thence with the north line of the remainder of said 25.043 acre tract, the centerline of Hall Road, the north line of VMS 1473 and the south line of VMS 5742 and VMS 9221, N 86° 31' 35" W, 330.3± feet to the southwest corner of said Kaderly Parcels 1 to 7, the northwest corner of the remainder of said 25.043 acre tract, the intersection of the centerline intersection of Hall Road and Old Hall Road, and being in the east line of the remainder of a 50 acre tract as conveyed to Clive D. Brafford in Instrument Number 202203100039386, also being the southwest corner of Virginia Military Survey Numbers 5742 and 9221 and being in the east line of Virginia Military Survey Numbers 5234;

Thence with the west line of said Kaderly Parcels 1 to 7, the east line of the remainder of said 50 acre tract, the west line of Virginia Military Survey Numbers 5742 and 9221 and the east line of Virginia Military Survey Numbers 5234, N 03° 00' 33" W, 718.2± feet to an angle point in the west line of said Kaderly Parcels 1 to 7, the northeast corner of the remainder of said 50 acre tract, being in the south line of a 44.261 acre tract as conveyed to Allen E. McDowell Trustee, Diane A. McDowell under agreement FBO Diane A. McDowell dated 1-2-1966 in Deed Volume 3558, Page 784, Tract 1, the northeast corner of Virginia Military Survey Numbers 5234 and being an angle point in the west line of Virginia Military Survey Numbers 5742 and 9221, and also being in the south line of Virginia Military Survey Numbers 5106;

Thence with the west line of said Kaderly Parcels 1 to 7, the south line of said 44.261 acre tract, the west line of Virginia Military Survey Numbers 5742 and 9221 and the south line of Virginia Military Survey Numbers 5106, S 87° 44' 43" E, 723.6± feet to an angle point in the west line of said Kaderly Parcels 1 to 7, the southeast corner of said 44.261 acre tract, the southeast corner of Virginia Military Survey Numbers 5106 and being an angle point in the west line of Virginia Military Survey Numbers 5742 and 9221;

Thence with the west line of said Kaderly Parcels 1 to 7, the east line of said 44.261 acre tract, the east line of a 60.365 acre tract as conveyed to Allen E. McDowell, Trustee for the benefit of Diane A. McDowell in Deed Volume 2909, Page 649, Tract 2, the east line of Virginia Military Survey Numbers 5106 and the west line of Virginia Military Survey Numbers 5742 and 9221, N 02° 45' 33" E, 1945.0± feet to the northeast corner of said 60.365 acre tract and being the southeast corner of said Kaderly Tract 1;

Thence with the south line of said Kaderly Tract 1 and the north line of said 60.365 acre tract, N 86° 45' 41" W, 2260. 7± feet to the TRUE POINT OF BEGINNING, containing 166.2± acres, more or less. The above description was written by Advanced Civil Design. A drawing of the above description is attached hereto and made a part thereof.

The total length of the annexation perimeter is about 17,595.5 feet, of which about 7,074.4 feet are contiguous with existing City of Columbus Corporation Lines, being about 40.2% contiguous. This annexation does not create any islands of township property.

This description was written for annexation purposes only and was not intended to be used in the transfer of lands.

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.