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47-04 Ordinance
RECORD OF ORDINANCES Dayton Lea11 Blank Inc Form No. 30043 47-04 Ordinance No. Passed 20 AN ORDINANCE TO ACCEPT AN ANNEXATION OF 76.884 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN WHEREAS, on April 27, 2004 the Franklin County Commissioners approved the Expedited II annexation petition for 76.884 acres, more or less, from Washington Township, Franklin County to the City of Dublin, as filed on March 19, 2004 by Christopher T. Cline, agent for Petitioners Robert W. Rings, 1106 Afton Road, Columbus, OH 43221; Robert W. Rings, Charitable Remainder Unitrust, 4600 Arrowhead Road, Powell, OH 43065; and RBG Properties, 4600 Arrowhead Road, Powell, OH; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the petition for the annexation of 76.884 acres (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest date allowed by law. Passed this h~ day of , 2004. Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. D uty Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN.. Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Managet~cZ,,,,.~5 ~ ~,.a,w1 Date: June 29, 2004 ~ V Initiated By: Frank Ciarochi, Director of Development/Deputy City Manager l~ Paul A. Hammersmith, P.E., Director of Engineering/City Engineer Barbara A. Cox, P.E., Assistant Director of Engineering - Development Re: Ordinance 47-04 -Accepting an Annexation of 76.884 Acres, More or Less, in Washington Township, Franklin County to the City of Dublin Summary This proposed annexation is for 76.884 acres including 74.901 acres of farm land (Robert W. Rings, ETAL) and 4.583 acres of Ohio Dept of Transportation limited access right-of--way for US33 / SR161. Per the Ohio Revised Code regarding annexations, the City of Dublin was required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. Resolutions 15-04 and 16-04 were passed by Council on April 5, 2004. Copies of the Resolutions and the informational memo are attached for reference. These Resolutions were forwarded to the Franklin County Commissioners for their hearing on the annexation of the 76.884 acres. This hearing took place on April 27, 2004 and the Commissioners passed Resolutions 344-04 and 383-04, which approved the annexation. Copies of these Resolutions are attached for reference. Per Ohio Revised Code, the City shall accept or reject the annexation petition by ordinance or resolution after sixty days from the passage of the Resolutions by the County. This first reading of Ordinance 47-04 will allow the annexation petition to be accepted or rejected within that time, as the second reading will be at the August 2, 2004 meeting. After the required thirty days, Ordinance 47-04 will be in effect and the property will be incorporated into of the City of Dublin. Recommendation This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the water and sewer and agreements with the City of Columbus. 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" e " ~ a ~ e m ~ i ~ o kk % i ~ ~ ` ~ Y N 060100• W 886.]3' / ~ w j / ~'~oR W E \L GG Y m~ ~ / V~s~ / / G y 4 '~rF ~ `ii ~P ~ ~ ~ ~ ~ ~ m QQB~ A IL i,~ m / p b ~ ~ 1 ,f, ~ m.m~~o ~ A~ -1 I D.D Or \TI i > ~ z \~N ~ I x 1 v\m ~ \ I ~ m 0 ~~p ~ ~ I w\ $ ~ , ~ I e y M .BO,f ' 0 R ~ u-~ 4 m 4:~ 4 ~ fFV e ae,~ ~ \ R~~ 5~ c ~ ~o~g 8 ~ I ' .E v~ a ~ ~ 4 G6'ttLl 3 io- ~e I t . < W, .e. eo.so s ~.w,.,r <,w ~ ~ Q 13 ^ I ~ e I ti~W-~ mN Yn wuaurm _ . ~ oiuna ww~sL~ cva-?~ WM - 0 - 3 .BI, $ 6 ~ i- ""°r"° ~ I Yryqy I {~1 8~8 ~Y fi f i ~X o ~ Franklin County Where Government Works Commissioners Arlene Shoemaker Dewey R, Stokes Mary Jo ~.ilroy Development Department Daniel 1. Nichter, Director Apri129, 2004 Anne Clarke, Clerk City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Dear Ms. Clarke: Enclosed is the transcript of the proceedings on the petition of Robert W. Rings for annexation of 76.884± Acres in Washin ;ton Township to the City of Dublin, Ohio. Please acknowledge recei ~~t of the transcript on the enclosed letter and return said copy to: Franklin County Development Department 280 East Broad Street -Room #202 Columbus, Ohio 43215 ATTN: Nancy J. Thompson Sincerely, BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Enclosures ~ C ( ? e.., , tleric of Counci4, do here'~1y certif`,' this lr~hn a _ ~?Y~-day of - 41'1 ~Ci!S`,1!.,,, Cc'i,t 280 East Broad Street, Columbus, Ohio 43215-6.104 roi• ~~a_a~7_~c194 Fax: 614-462-7155 vvvvw.co.f anklin.oh.us/development Franklin County Where Government Works Commissioners Arlene Shoemaker Dewey R. Stokes Mary Jo Kilroy Development Department Daniel 1. Nichter, Director April 29, 2004 Anne Clarke, Clerk City of Dublin -y(k~ a 3 ~~,~f 5200 Emerald Parkway ~?l` ~ ~ Dublin, OH 43017 ~~1~ Dear Ms. Clarke: Enclosed is the transcript of the proceedings on the petition of Robert W. Rings for annexation of 76.884± Acres in Washington Township to the City of Dublin, Ohio. Please acknowledge receipt of the transcript on the enclosed letter and return said copy to: Franklin County Development Department 280 East Broad Street -Room #202 Columbus, Ohio 43215 ATTN: Nancy J. Thompson Sincerely, BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Enclosures njt 280 East Broad Street, Columbus, Ohio 43215-6304 Tel: 614-462-3094 Fax: 614-462-7155 www.co.franklin.oh.us/development FRANKLIN COUNTY DEVELOPMENT DEPARTMENT 280 EAST BROAD STREET 2ND FLOOR COLUMBUS, OHIO 43215-6304 COMMISSIONERS: DEWEY R. STOKES, PRESIDENT ARLENE SHOEMAKER MARY JO KILROY EXPEDITED II ANNEXATION CASE #A1VX-EXP2 ' l(~t -CS-~ REVIEW DATE~r ~ (r,°)~~ Q/"v~c~ APPLICATION FOR ANNEXATION 1) Type of Annexation: ~ Expedited Type 2 Annexation Petitions by all property owners where territory to be annexed is not excluded from the township, unless otherwise provided by an annexation agreement or a CEDA (Cooperative Economic Development Agreement). Consent of the municipality and the township is not necessarily required. Please email the legal description and the map to: njthom~s(a~co.franklin.oh.us 1) Number of Acres to be Annexed 76.884 acres Shier Rings Road 2) Address of Subject Property_Dublin, Ohio ' ~ ~°'•~'FarcelNumber 272-000116, 272-00011 3) Township Location Washington 4) To which City Dublin 5) Name of Applicant Robert W. Rings Applicant's Phone Number 6) Applicant's Address Robert W. Rings 1106 Afton Rd, Cols OH 43221 (Street) (City) (State) (Zip) "WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE." 7) Property Owner(s) Signing the Petition Robert W. Rin s ~ ~ Robert W. Rings l?ha>a.itable Remain er Unitrust ~ ~ RBG Properties ' 8) Attorney or Agent Ch~`istopher T. Cline 9) Attorney/Agent's Address 5455 Rings Road, Suite 500, Dublin Ohio:43017 (Street) (City) (State) (Zip) 10)Attorney/Agent's Phone 614-764-0681 Fax 614-764-0774 Email ctc@bhmlaw.net PETITION FOR ANNEXATION PETITION TO ANNEX TO THE CITY OF DUBLIN, OHIO 76.884 ACRES, MORE OR LESS, IN THE TOWNSHIP OF WASHINGTON TO THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory described, consisting of 76.884 acres, more or less, in the Township of Washington, which area is contiguous and adjacent to the City of Dublin, do hereby pray that said territory be annexed to the City of Dublin according to the statutes of the State of Ohio. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. Petitioners request expedited consideration under RC 709.021 and RC 709.023. In support of said Petition, your petitioners state that there are within the territory so prayed to be annexed three (3) OWNERS OF REAL ESTATE, not including public highways. Christopher T. Cline, is hereby appointed Agent for the undersigned Petitioners, as required by Section 709.02 of the Revised Code of Ohio. Said Agent is hereby authorized to make any amendment and/or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the Franklin County Engineer in his examination of an amended plat and description to the Board of Commissioners on, before, or after the date set for hearing on this Petition. WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL, IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAYBE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE. NAME ADDRESS DATE SIGNED Robert W. Rings Cu~~~..~ b~,s~ oN ~3 L z / Robert W. Rings, Charitable Remainder~Upnitrust ~~J S t-cz- 'y6 00 ~ r,^ow ~ e..~~ ~ 3 - 11- U ~ I /~ow~ << ~ pH ~(3Glo S RBG Properties ~p r / to bb /4 ('moo h P~.-c~ a~cfi' 3 ~ ~~"U7 ~o ~ ~ O N ~ 30 ~ f ANNEXATION PLAT OF SURVEY . 76.884 ACRES PART OF VIRGINIA MILITARY SURVEY NO. 3452 WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO i FROM: WASHINGTON TOWNSHIP TO: THE CITY OF DUBLIN DESCRIPTION OF AREA TO BE ANNEXED: SITUATED IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO, BEING LOCATED IN PART OF VIRGINIA MILITARY SURVEY N0. 3452, AND BEING 76.884 ACRES OUT OF A PART OF THE LANDS CONVEYED TO ROBERT W. RINGS, ETAL IN INSTRUMENT N0. 200203070059855, APORTION OF U.S. ROUTE 33-STATE ROUTE 161 AND BEING i' MORE PARTICULARLY DESCRIBED AS FOLLOWS: M COMMENCING, FOR REFERENCE, AT A FRANKLIN COUNTY MONUMENT (NUMBER FCGS ' 7752) FOUND AT THE INTERSECTION OF THE CENTERLINE OF SHIER RINGS ROAD . WITH EITERMAN ROAD, ALSO BEING THE SOUTHWESTERLY CORNER OF SAID V.M.S. 3452; THENCE, NORTH 83' 42' 32" EAST, ALONG THE CENTERLINE OF SAID SHIER RINGS ROAD AND THE SOUTHERLY LINE OF SAID V.M.S. 3452, A DISTANCE OF 769,61 FEET TO A RAILROAD SPIKE FOUND AT THE EXTENSION OF THE EASTERLY LINE OF A 5,1 17 ACRE TRACT CONVEYED TO FELLOWSHIP BAPTIST CHURCH IN O.R. 18349, PAGE B18, WHERE IT INTERSECTS THE CENTERLINE OF SAID SHIER RINGS ROAD, ' THENCE, NORTH 06' 15' 41" WEST, LEAVING SAID CENTERLINE AND ALONG SAID , EASTERLY EXTENSION, A DISTANCE OF 25.00 FEET TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE, SAID POINT BEING THE TRUE PLACE OF ' BEGINNING OF THE HEREIN TO BE DESCRIBED 76.884 ACRE TRACT; - THENCE, NORTH 06' 15' 41 " WEST, ALONG SAID EASTERLY EXTENSION AND THE EASTERLY LINE OF SAID 5,117 ACRE TRACT (PASSING AN IRON PIN FOUND AT THE SOUTHEASTERLY CORNER OF SAID 5.117 ACRE TRACT) A TOTAL DISTANCE OF 647,89 ' FEET TO AN IRON PIN FOUND AT THE NORTHEASTERLY CORNER OF SAID 5.117 ACRE TRACT, BEING THE SOUTHEASTERLY CORNER OF A 5.002 ACRE TRACT CONVEYED TO , EITERMAN/POST LLC IN INSTRUMENT N0. 199802230039207; THENCE, NORTH 06' 04' 00" WEST, ALONG THE EASTERLY LINE OF SAID 5.002 ACRE TRACT AND THE EASTERLY LINE OF A 4.070 ACRE TRACT CONVEYED TO ANTHONY GIOFFRE AND JOHN GIOFFRE IN INSTRUMENT N0. 200301310031944 AND THE I, EASTERLY LINE OF A 4.074 ACRE TRACT CONVEYED TO ANTHONY GIOFFRE AND I ,IUHN GIOFFRE IN INSTRUMENT'~NO. 200 203080060772, A DISTANCE OF 696.73 FEET TO AN IRON PIN FOUND AT THE NORTHEASTERLY CORNER OF SAID 4,074 ACRE ~ TRACT, BEING THE SOUTHERLY LINE OF A 19,548 ACRES CONVEYED TO STEVE AND I SALLY YOUNG IN DEED BOOK 3326, PAGE 115, BEING AN EXISTING CITY OF DUBLIN CORPORATION LINE; THENCE, NORTH 83' 03' S4" EAST, ALONG. SAID EXISTING CITY OF DUBLIN ~ CORPORATION LINE, THE SOUTHERLY LINE OF SAID 19.548 ACRE TRACT AND THE 1 SOUTHERLY LINE OF A 9.293 ACRE TRACT CONVEYED TO STEVE AND SALLY YOUNG IN ~i INSTRUMENT N0. 200002040024879, ADISTANCE OF 1776.50 FEET TO AN IRON PIN it FOUND AT THE SOUTHEASTERLY CORNER OF SAID 9,293 ACRE TRACT, BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. ROUTE 33 - STATE ROUTE 161 AND BEING , A CORNER OF SAID DUBLIN CORPORATION LINE; THENCE, NORTH 07' 24' 08" WEST, ALONG SAID CORPORATION LINE, ALONG AN EASTERLY LINE OF SAID 9.293 ACRE TRACT AND CROSSING SAID U.S. ROUTE 33, A DISTANCE OF 291.98 FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY OF SAID U.S. ROUTE 33, SAID POINT BEING IN AN EXISTING CITY OF DUBLIN CORPORATION LINE; , THENCE, WITH SAID NORTHERLY RIGHT-OF-WAY LINE, WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE, WITH THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 3766.53 FEET, A DELTA ANGLE OF 05'24'14", A CHORD DISTANCE OF 355.10 FEET TO A POINT; THENCE, NORTH 88'45'57" EAST, CONTINUING WITH SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID EXISTING CORPORATION LINE, A DISTANCE OF 478,80 FEET TO A POINT AT A CORNER OF AN EXISTING CITY OF DUBLIN CORPORATION LINE, SAID POINT ALSO BEING IN THE EASTERLY LINE OF SAID V.M,S 3452 LINE; THENCE, SOUTH 05'06'48" EAST, ALONG SAID V.M.S. LINE, CROSSING SAID U.S. ROUTE 33 AND WITH SAID CITY OF DUBLIN CORPORATION LINE, A DISTANCE OF 195,08 FEET TO THE NORTHEASTERLY CORNER OF A 6.885 ACRE TRACT CONVEYED TO 33/DUBLIN INDUSTRIAL PARK IN INSTRUMENT N0. 200104050070720, SAID POINT ALSO BEING IN AN EXISTING CITY OF DUBLIN CORPORATION LINE; THENCE, SOUTH 88'45'57" WEST, WITH THE NORTHERLY LINE OF SAID 6.885 ACRE TRACT, WITH AN EXISTING CITY OF DUBLIN CORPORATION LINE AND WITH THE SOUTHERLY LINE OF SAID U.S. ROUTE 33, A DISTANCE OF 223.97 FEET TO AN IRON PIN FOUND AT THE NORTHWESTERLY CORNER OF SAID 6.885 ACRES; THENCE, SOUTH 05' 06' 48" EAST, ALONG THE WESTERLY LINE OF SAID 6.885 ACRE TRACT AND SAID CORPORATION LINE, A DISTANCE OF 1342.97 FEET TO AN IRON Pif FOUND IN AN EXISTING CITY OF DUBLIN CORPORATION LINE; THENCE, SOUTH 83' 42' 32" WEST, ALONG SAID EXISTING CITY OF DUBLIN CORPORATION LINE, A DISTANCE OF 2350.83 FEET TO THE PLACE OF BEGINNING. CONTAINING 76.884 ACRES OF LAND, MORE OR LESS, SUBJECT TO ALL EASEMENT, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD. BEARINGS ARE BASED ON THE BEARINGS AS CONTAINED IN THE GRANTOR'S DEED OF RECORD IN INSTRUMENT NO. 200203070059855. ALL RECORDS ARE TO RECORD'S OF THE RECORDERS OFFICE, FRANKLIN COUNTY, OHIO, 5750 Chandler Court Westerville, OH 43082 E-Mail; hoyssinc@aol.com - Phone (614) 895-1922 , Survey Fax (614) 895-1949 SUR YING construction Fax (614) 895-9549 SERVIC S, INC. Order No. 409-2004 In the matter of: Annexation of 76.884 acres from Washington Township, Ohio to City of Dublin, Ohio No. 16-04 AFFIDAVIT OF SERVICE State of Ohio ss County of Franklin Christopher T. Cline, being duly cautioned and sworn, deposes and states as follows: 1. A copy of the notice letter attached hereto as Exhibits "A" and "B", a copy of the annexation petition, a copy of the legal description and a copy of the annexation plat were personally served upon the following persons: City of Columbus, Ohio, Clerk of Council on March 19, 2004. Washington Township Clerk, Franklin County, Ohio on March 19, 2004. 2. A copy of the notice letter attached hereto as Exhibit "C", a copy of the Annexation Petition with a copy of the annexation plat with legal description were sent by regular U.S. Mail on February 12, 2004, to all persons listed on the adjoining property owners list attached hereto as Exhibit "D", which list includes all property owners either adjoining the tract proposed for annexation or across the street therefrom. Further the Affiant saith not, Christ ' her T. Cline This 19`h day of March, 2004, the above Affiant, Christopher T. Cline, known by me, appeared before me and stated under oath that the averments in the above Affidavit were true to the best of his knowledge and belief. `,~Pp,ia~ OFFICIAL SEAL JEN~JIFER S. JONES Notary Pub ~ Notary Public, State of Chio P4~y Commission Expires p'l;~' September 4, 2007 TE CF . Exhibit "A" Blaugrund, Herbert & Martin I N C O R P O R A T E D Attorneys and Counselors at Law David S. Blaugrund Sharon L. R. Miller Christopher T. Cline Marc E. Myers Maryellen Coma 5455 Rings Road, Suite 500, Dublin, Ohio 43017 Stephen P. Postalakis Jonathan M. Gabel Phone: 614 / 764-0681 Fax: 614 / 764-0774 Teri G. Rasmussen John W. Herbert Geoffrey P. Scott Steven E. Hillman www.bhmlaw.com Carole D. Weiss David S. Kessler Of Counsel Steven A. Martin Francis A. Kovacs, Jr. L5 l~ !5 ~ U MAR 1 9 ~ Mazch 19, 2004 CLERK OF COUNCiI Ms. Ann Clark, Clerk of Council GiY OF DUBLIN City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 re: Annexation Petition for 76.884 acres in Washington Township proposed to be annexed to the City of Dublin Dear Ms. Clark: Please be advised that this day, Mazch 19, 2004, a Petition for Annexation was filed proposing annexation of 76.884 acres currently in Washington Township, Franklin County, Ohio to the City of Dublin, Ohio. The Petition for Annexation was filed with the Franklin County, Ohio, Commissioners. A copy of the Petition for Annexation, the legal description, and the annexation plat aze attached hereto for your review. Very truly yours, Christopher T. Cline CTC:pq Encl-2 l;xhl bl t "ti" Blaugrund, Herbert & Martin I N C O R P O R A T E D Attorneys and Counselors at Law David S. Blaugrund Sharon L. R. Miller Christopher T. Cline Marc E. Myers Maryellen Coma 5455 Rings Road, Suite 500, Dublin, Ohio 43017 Stephen P. Postalakis Phone: 614 / 764-0681 Fax: 614 / 764-0774 Teri G. Rasmussen Jonathan M. Gabel John W. Herbert Geoffrey P. Scott www.bhmlaw.com Carole D. Weiss Steven E. Hillman David S. Kessler Of Counsel Steven A. Martin Francis A. Kovacs, Jr. March 19, 2004 Township Clerk Washington Township 5965 B Wilcox Place Dublin, Ohio 43017 re: Annexation Petition for 76.884 acres in WashingtonTownship proposed to be annexed to the City of Dublin Dear Sir or Madam: Please be advised that this day, March 19, 2004 , a Petition for Annexation was filed proposing annexation of 76.884 acres currently in Washington Township, Franklin County, Ohio to the City of Dublin, Ohio. The Petition for Annexation was filed with the Franklin County, Ohio, Commissioners. A copy of the Petition for Annexation, the legal description, and the annexation plat are attached hereto for your review. Very truly yours, Christopher T. Cline CTC:pq Encl-2 ,4 Blaugrund, Herbert & Martin Exhibit "c" I N C O R P O R A T E D Attorneys and Counselors at Law David S. Blaugrund Sharon L. R. Miller Christopher T. Cline Marc E. Myers Maryellen Corna 5455 Rings Road, Suite 500, Dublin, Ohio 43017 Stephen P. Postalakis Phone: 614 / 764-0681 Fax: 614 / 764-0774 Teri G. Rasmussen Jonathan M. Gabel John W. Herbert Geoffrey P. Scott www.bhmlaw.com Carole D. Weiss Steven E. Hillman David S. Kessler Of Counsel Steven A. Martin Francis A. Kovacs, Jr. March 19, 2004 re: Annexation Petition for 76.884 acres in Washington Township proposed to be annexed to the City of Dublin Dear Sir or Madam: This Notice is given to you because you own property adjoining a tract of land that has been proposed for annexation. Please be advised that this day, March 19, 2004 a Petition for Annexation was filed proposing annexation of 76.884 acres currently in Washington Township, Franklin County, Ohio to the City of Dublin, Ohio. The Petition for Annexation was filed with the Franklin County, Ohio, Commissioners. A copy of the Petition for Annexation, the legal description, and the annexation plat are attached hereto for your review. Very truly yours, t~.- Christopher T. Cline CTC:pq Encl-2 • Exhibit "D" Adjoining Property Owners Shier Rings Tract; 76.884 Acres Washington Township to Dublin 274-000971 M/I Homes of Central Ohio 3 Easton Oval #340 Columbus, Ohio 43219 274-000157 Dublin City School District Bd of Ed 7030 Coffman Road Dublin, Ohio 43017 274-000238 City of Dublin 5200 Emerald Parkway 274-000293 Dublin, Ohio 43017 274-000130 33/Dublin Industrial Park 6223 Avery Road Dublin, Ohio 43016 273-102111 Hospital Properties 3722 Olentangy River Rd 273-001895 Office of the General Counsel Suite K 273-000411 Columbus, Ohio 43214 273-008175 Stephen and Sally Young 2469 Lane Road 273-008174 Columbus, Ohio 43220 272-000625 Anthony and John Gioffre 6262 Eiterman Road 272-000070 Dublin, Ohio 43016 272-000619 Township of Washington 5965 Wilcox Road # B Dublin, Ohio 43016 272-000120 Fellowship Baptist Church of Dublin 6720 Shier Rings Road Dublin, Ohio 43016 CITY OF DUBLIN.. Dublin City Coundl April 6, 2004 5200 Emerald Parkway Dublin, Ohio 43011.1006 'hone/TDD:614-410.4400 HAND DELIVERED Fax:614-161.6590 Ms. Nancy Thompson Web Site: www.dublin.oh.us Franklin County Development Department Mayor 280 E. Broad Street, Room 202 Marilee Chinnici-Zuercher Columbus, OH 43215-6304 vice Mayor RE: Resolution 15-04 - Adopting a Statement of Services for a Proposed Timothy A. Lecklider Annexation of 76.884 acres, more or less, in Washington Township to the Cathy A. Boring City of Dublin. (Petitioner Robert W. Rings, et al.) Michael H. Keenan Thomas M. Mc[ash John G. Reiner Resolution 16-04 - Adopting a Statement Regarding Possible Incompatible Amy J.Snlay Land Uses and Zoning Buffer for a Proposed Annexation of 76.884 Acres, clerk of [ouncil more or less, from Washington Township, Franklin County, to the City of Anne C. Clarke Dublin, Ohio, as Required by Section 70-9.023(C) of the Ohio Revised Code. (Petitioner Robert W. Rings, et al.) Dear Nancy: Enclosed are certified copies of the above-referenced resolutions as approved by City Council on April 5, 2004. Please let me know if you need additional information. Sincerely, I Anne C. Clarke Clerk of Council Enclosure c: Christopher Cline, Attorney for Petitioner Frank A. Ciarochi, Director of Development - RECORD OF RESOLUTIONS Dayton Legel Blenk, Inc., Form No. 30045 I i _ ~ Resolution No. 1 ~i.Od Passed - - i- 20 A RESOLUTION TO SET FORTH A STATEMENT OF ~ SERVICES TO BE PROVIDED TO THE AREA IN A l PROPOSED ANNEXATION OF 76.884 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN, OHIO, AS REQUIRED ~I BY SECTION 709.023(C) OF THE OHIO REVISED CODE I WHEREAS, an Expedited Type II annexation petition for 76.884 acres, more or less f rom Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on March 19, 2004 by Christopher T. Cline, agent for Petitioners Robert W. Rings, 1106 Afton Road, Columbus, OH 43221; Robert W. Rings, Charitable Remainder Unitrust, 4600 Arrowhead Road, Powell, OH 43065; and RBG Properties, 4600 Arrowhead Road, Powell, OH; and i WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal Authority shall adopt a statement indicating what services the Municipal Corporation will provide to the territory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation, upon annexation; and ~ WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS,'the proposed annexation is in conformance with the annexation ~ strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. i NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, ~ State of Ohio, of the elected members concurring that: ~ Section 1. The City of Dublin will provide the following municipal services for the 76.ES4 acres, more or less in Washington Township, Franklin County upon the annexation of the area to the City of Dublin, Ohio: I' Police. The City provides Police and communications service on a twenty- fourhour basis and also has mutual aid agreements with other municipalities. li The annexation area lies approximately three miles southwest of Dublin's Police Division headquarters. Dublin operates with a minimum of four cruisers on dut .Ares onse time of a Y P pproximately six minutes for an emergency situation should be expected for this area. Fire. Fire and emer enc medical services 9 Y protection is current) rovid i, by swell-staffed department in Washington Township. They, too, have e~ j' mutual aid agreements with other municipalities and townships. This annexation would not change Fire Department jurisdictional boundaries, i' therefore, response times for fire and emergency medical services will not be I~, affected. Washington Township Fire Station #91 is located approximately 1- 1/2 miles east of the annexation area, and normal response time should be approximately three minutes. ~I Sanitation. Residential refuse collection services are contracted by the City and i are currently provided at no additional charge. i - RECORD OF RESOLUTIONS Dayton Legal 81ank, Inc., Form No. 30045 I~~ - - _ _ - - - i' Resolution No. 1 5-(74 Passed Page 2 20 I it Street Maintenance. The City's Streets and Utilities Division provides excellent I~ service in the area of street and road maintenance. Section 2. The City has SEWER and WATER service area contracts with the City of Columbus, and the subject property is within the service areas. ~ Conditioned on the ability of the City of Columbus to provide WATER and to provide sufficient SEWERAGE disposal capacity, the City of Dublin will have the ability to service the area within five years. Section 3. This resolution shall be effective immediately upon passage, as ~i provided under Section 4.04(a) of the Revised Charter. ~ Passed this ~ da of I' - Y , 2004. Mayor -Presiding Officer ATTEST i ~ ~ Clerk of Council ~ ~C~°s°~~,to ~~r;o'~eq~~ t~i~i Qri;:R~ ~ 2~ 118 ~ubC~a. ~1~ ~CCk ~0~~~~1. C ~'I --~r_>~t...~~.a~~ C-__ _ t~ rrlc a~ ~~~t1, ht r ~1~ 1~ ~_r1: ~ y ~;':~t ~'~e III ~ ~ , S L ~ ~ { r1 .w /tire t !J- r ,1 S t i • yy ~Y w-}}mac,-; p'Q r(~Ut; 01y1~ ~/A~.,~_. L_~y~__- /{U.. `L fi..~ ~.C,.1 4~i i11.. ~1...:s ~T 1~':Y 1~1y 4T l/•~~~Il r•, l'fFIIC~ •~A'~ ~ .al.-L ~ i ~r dfly _ _ y ~11 I I i I~ I~ ~ RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Forrn No. 90045 - _7_.... i 'I Resolution No. '~-OL~ Passed . 20 ' _ ~j - I A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING ~I BUFFER FOR A PROPOSED ANNEXATION OF 76.884 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE !,i, OHIO REVISED CODE. WHEREAS, a petition for an Expedited II method of annexation of 76.884 I'; acres more or less, from Washin ton Township, Franklin County was filed in the offices of the Board of County Commissioners of Franklin County, Ohio on March 19, 2004 by Christopher T. Cline, agent for Petitioners Robert W. I. Rings, 1106 Afton Road, Columbus, OH 43221; Robert W. Rings, Charitable Remainder Unitrust, 4600 Arrowhead Road, Powell, OH 43065; and RBG ~ Properties, 4600 Arrowhead Road, Powell, OH; and I ~ WHEREAS, the Expedited II method of annexation, pursuant to Section ~ ~ 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the ! ~I territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning I~, pursuant to Chapter 519 of the Ohio Revised Code; and ~~I WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and ,I WHEREAS, .pursuant to Section 709.023(C) of the Ohio Revised Code, this resolution must state that should (a) the territory be annexed and (b) subse uentl becomes sub~ect to munici al zonin , and c the munici al G Y J ~ ~ O N i zoning permits uses in the annexed territory that the municipal corporation ti I with the uses ermitted under current I determines are clearly incompa b e p county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will ' require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territo to rovide a buffer se aratin the use of the annexed i rY p p 9 I' territory and the adjacent land remaining within the township; and i WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, ! "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street rights-of-way; and bicycle and pedestrian paths and sidewalks; and I WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires i that upon annexation, the annexed territory be automatically rezoned to R- Rural District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and i, WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to the north, to the east and to the south, and is adjacent to ~ J unincorporated territory to the west. I!! NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, I~ State of Ohio, ~ of the elected members concurring that: Section 1. The City of Dublin adopts the following statement for the 76.884 acres, more or less, in Washington Township, Franklin County: ~ i I ! RECORD OF RESOLUTIONS Dayton Legal Blank, Inc.. Form No. 30045 !1 I I I I, ~ Resolution No. ~~-Q4 Passed PA(7P. 2 , 20 - - i~---------- - I__ _ - - - I Should the territory (a) be annexed and (b) subsequently become ' subject to zoning pursuant to the Dublin Codified Ordinances, and (c) I' the municipal zoning permits uses in the annexed territory that Dublin City Council determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land ' ~ remammg in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent ~ land remaining within the township should land adjacent to the territory be determined to be unincorporated territory. I ~ Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. ~ Passed this da of 2004. ~ ~ Y , ~ II . ii ~ I ~ ~ , Mayor - residing Officer ATTEST: li I': I' Clerk of Council I' t !;~'Iti~?'% f:c~~Lt~F~ tk~l,y r•F II ~ JIItS Gf 9~a~4 . t' ' pity ~}Sl,~jtli tit flr~S4rt;flltiR 'lli;i r . ,";11n~P,/RCS^l41t?!1 1ri.? ' r ~ectian 731.23 cr re ^osfed in the ~ tf;o ario iievsed Code. Clerk ot~-~"~-- Councit, btt6iin, Ohio ii 'I I>~h~,~:~~~-_L{erk of Co~mcl, hereby certify tltnt thr: frr~~;~o±n~ is a trur, telly ef.8rtli~+rc~IResnluton No. (.~-_D~_ ~I ~lt~ly c~opte;l !;y the Council of the City of Dublin, Ohio, on the I day of L, , ° y Lf , Clerk of Council, Dulrlin, Olio I I ~i I Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manager Date: April 1, 2004 Initiated By: Frank Ciarochi, Director of Development/Deputy City Manager ~ Paul A. Hammersmith, P.E., Director of Engineering/City Enginee Barbara A. Cox, P.E., Assistant Director of Engineering -Development Brandol Harvey, Senior Planner Re: A Resolution to set forth a Sta nt of Services to be provided to the area in a Proposed Annexation of 76.884 Acres, more or less, from Washington. Township, Franklin County, to the City of Dublin, Ohio as required by Section 709.023 (C) of the Ohio Revised Code A Resolution Adopting a Statement regarding possible incompatible land uses and zoning buffer for a proposed annexation of 76.884 acres, more or less, from Washington Township, Franklin County to the City of Dublin, Ohio as required by Section 709.023 (C) of the Ohio Revised Code Summary This proposed annexation is for 76.884 acres including 74.901 acres of farm land (Robert W. Rings, ET AL) and 4.583 acres of Ohio Dept of Transportation limited access right-of--way for US33 / SR161. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. The following information is provided to support the information contained within the two resolutions. Background ZONING and COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SR, Suburban Residential, which allows single-family dwellings on a minimum two-acre lot. Upon annexation, the property will be automatically zoned R, fZural, under the Zoning Code of the City of Dublin. This would allow farm operations and single-family dwellings on a minimum five-acre lot on this property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for medium density residential, 1-2 dwelling units per acre for the entire tract. The existing adjacent properties include: an office/warehouse development to the east, the City's Service facility and the Ballantrae subdivision to the south, the Fellowship Baptist Church of Dublin, the Washington Township Fire Administration building, and a construction company office to the west, and to the north is undeveloped property and the limited access right-of--way for US33 / SR161. viCii,u w ivic,,,~cia ui ~,i,y ~,uu„~ii ' RE: Annexation of 76.884 Acres on Shier Rings Road April 1, 2004 Page 2 of 3 FUTURE DEVELOPMENT The Division of Planning has been approached by the applicant regarding developing this property as medium density residential with approximately two dwellings per acre within a planned district. The several farm-related outbuildings and house located on the property are not designated with any historical certification and are anticipated to be demolished. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately two driving miles from the Justice Center, the Division of Police headquarters. The City of Dublin provides police and communications services on a twenty-four hour basis and has mutual aid agreements with other jurisdictions. The annexation area will be fully served with police and conununications services at the same or similar level now being provided to other areas of the City with similar land use and population. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than 0.75 miles away on Shier-Rings Road. The annexation area will be fully served with Fire and EMS at the same or similar level now being provided to other areas of the City with similar land use and population. • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. The adjacent incorporated area is currently being served. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the City. • WATER DISTRIBUTION The water distribution system is adequate to serve this property. The property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. A 12-inch waterline, with appropriate fire hydrants, is located on the south side of Shier-Rings Road along the entire frontage of this property. • SANITARY SEWER (WASTEWATER) COLLECTION The sanitary sewer collection system is adequate to serve this property. The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. An 18-inch sanitary sewer trunk line is located on the south side of Shier-Rings Road along the entire frontage of this property. This property is within the tributary area boundary for this sewer. • STORMWATER MANAGEMENT AND FLOODPLAIN This property is located within both the South Fork Indian Run and Cosgray Creek watersheds as defined by the Stormwater Master Plan. Cosgray Creek bisects the property and exits it at the southeast corner. All development on the property must be in conformance with the City's current Stormwater Regulations. This property is located outside the FEMA designated floodplain for the Cosgray Creek. • ROADS AND STREETS The primary road serving this acreage is Shier-Rings Road, which is classified as a scenic minor arterial on the Thoroughfare Plan and is already maintained by the City of Dublin. Shier-Rings Road is required to have 100 feet of right-of--way according to the Thoroughfare Plan. Any proposed development on this property would be required to dedicate a minimum of 50 feet ofright-of--way along the Shier-Rings Road frontage. Any new roads or streets, within a proposed development, which would be dedicated to the City, Memo to Members of (:tty Council RE: Annexation of 76.884 Acres on Shier Rings Road April 1, 2004 Page 3 of 3 would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. This annexation includes 4.583 acres of US33 / S.R.161 limited access right-of--way that remained in the township from prior annexations. Annexing this acreage will eliminate an "island" of unincorporated right-of--way along US33 / SR161. It will not change maintenance responsibilities of US33 / S.R. 161, but does provide a continuous safety service jurisdiction along that stretch of right-of--way. The Ohio Department of Transportation has been contacted regarding this annexation. They are in agreement with the annexation and a copy of a response letter from them is attached for your reference. Recommendation This property was identified within the proposed annexation areas of the Community Plan and is located within the exclusive Dublin service area as defined in the water and sewer and agreements with the City of Columbus. Staff recommends approval of the Resolutions regarding the Statement of Services and Possible Incompatible Land uses. Upon City Council's approval, these approved Resolutions will be forwarded to the Franklin County Commissioners for their hearing on the annexation of the 76.884 acres. R .OHIO DEPARTMENT OF TRANSPORTATION 4~: DISTRICT E4ST W1LLL~h1 STREET, DEL~.~~:4RE. OI IIO 43015 (740) 363-125 I Fix (740) 363-645 I March 9, 2004 Mr. Christopher T. Cline Blaugrund, Herbert & Martin 5455 Rings Road, Suite 500 Dublin, Ohio 43017 RE: Proposed US 33/SR161 annexation Dear Mr. Cline: The Ohio Department of Transportation is in agreement with the City of Dublin to aruzex a portion of United State Route 33/ State Route 161 as shown on an exhibit provided by Franklin County Engineers' Office. The exhibit included a parcel of 72.301 Acres for Mr. Rings that abuts ODOT's Highway. The Ohio Department of Transportation believes the proposed annexation of the Highway will be a mutual benefit for the City of Dublin and ODOT. If there are any questions or comments please contact me at the above number ext. 659 or Mr. Greg Charuiel at extension 345. Respectfully, ~1 Brenda J. Moore, P.E. Acting Plaiuiing Admin. cc: Barbara A. Cox, Assist. Dir. of Engineering Reading File Location File RECEIVED MAK 1 G X003 ~IVISC~ OF DU®LII~~N~ AN EQU.AI. OPPORTUNITY EMPLOI'ER Blaugrund, Herbert & Martin I N C O R P O R A T E D Attorneys and Counselors at Law David S. Blaugrund Sharon L. R. Miller Christopher T. Cline Marc E. Myers Maryellen Corna 5455 Rings Road, Suite 500, Dublin, Ohio 43017 Stephen P. Postalakis Jonathan M. Gabel Phone: 614 / 764-0681 Fax: 614 / 764 Teri G. Rasmussen John W. Herbert rey P. Scott Steven E. Hillman ~'~'ti'•bhmlaw.com ~ ~ ~ 0 v ~ le D. Weiss David S. Kessler ounsel Steven A. Martin MAR ~ 9 ~ Fr c s .Kovacs, Jr. CLERK OF COUNCIL CITY OF DUBLIN March 19, 2004 Ms. Ann Clark, Clerk of Council City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 re: Annexation Petition for 76.884 acres in Washington Township proposed to be annexed to the City of Dublin Dear Ms. Clark: Please be advised that this day, March 19, 2004, a Petition for Annexation was filed proposing annexation of 76.884 acres currently in Washington Township, Franklin County, Ohio to the City of Dublin, Ohio. The Petition for Annexation was filed with the Franklin County, Ohio, Commissioners. A copy of the Petition for Annexation, the legal description, and the annexation plat are attached hereto for your review. Very truly yours, Christopher T. Cline CTC:pq Encl-2 Apri120, 2004 RESOLUTION NUMBER 344-04 REVIEW OF PETITION TO ANNEX 76.884+/- ACRES IN WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN, OHIO BY ROBERT W. RINGS, ET AL FIXED FOR TUESDAY, APRIL 27, 2004 AT 9:00 A.M. CASE #ANX-EXP2-16-04 WHEREAS, a petition was filed pursuant to ORC 709.023 (the expedited two process) on March 19, 2004, and journalized on Mazch 30, 2004; WHEREAS, there were no ordinances or resolutions consenting or objecting to the petition (709.023[D]) passed or filed concerning said petition; WHEREAS this review of the petition is mandated by 709.023 (E); WHEREAS, the Board of County Commissioners of Franklin County, Ohio, are presented the petition for annexation of certain adjacent territory to the City of Dublin, Ohio, filed by Robert W. Rings, et al and signed by Robert W. Rings, Jon P. Riegle, Trustee and appointing Christopher Cline as agent for the said territory being described as follows: Situated in the Township of Washington, County of Franklin, State of Ohio, being located in part of Virginia Military Survey Number 3452, and being 76.884 acres out of a part of the lands conveyed to Robert W. Rings, Et al. in Instrument Number 200203070059855, a portion of U.S. Route 33-State Route 161 and being more particularly described as follows; Commencing, for reference, at a Franklin County Monument (Number FCGS 7752) found at the intersection of the centerline of Shier Rings Road with Eiterman Road, also being the southwesterly corner of said V.M.S. 3452; Thence, North 83° 42' 32" East, along the centerline of said Shier Rings Road and the southerly line of said V.M.S. 3452, a distance of 769.61 feet to a railroad spike found at the extension of the easterly line of a 5.117 acre tract conveyed to the Fellowship Baptist Church in O.R. 18349, page B 18, where it intersects the centerline of said Shier Rings Road; Thence, North 06° 15' 41" East, leaving said centerline and along said easterly extension, a distance of 25.00 feet to a point in an existing City of Dublin Corporation Line, said point being THE TRUE PLACE OF BEGINNING of the herein to be described 76.884 acre tract; Thence, North 06° 15' 41" West, along said easterly extension and the easterly line of said 5.117 acre tract (passing an iron pin found at the southeasterly corner of said 5.117 acre tract) a total distance of 647.89 feet to an iron pin found at the northeasterly corner of said 5.117 acre tract, being the southeasterly corner of a 5.002 acre tract conveyed to Eiterman/Post LLC in Instrument No. 199802230039207; Thence, North 06° 04' 00" West, along the easterly line of said 5.002 acre tract and the easterly line of a 4.070 acre tract conveyed to Anthony Gioffre and John Gioffre in Instrument No. 200301310031944, and the easterly line of a 4.074 acre tract conveyed to Anthony Gioffre and John Gioffre in Instrument No. 200203080060772, adistance of 696.73 feet to an iron pin found at the northeasterly corner of said 4.074 acre tract, being the southerly line of a 19.548 acre tract conveyed to Steve and Sally Young in Deed Book 3326, page 115, being an existing City of Dublin Corporation Line; Thence, North 83° 03' S4" East, along said existing City of Dublin Corporation Line, the southerly line of said 19.548 acre tract and the southerly line of a 9.293 acre tract conveyed to Steve and Sally Young in Instrument No. 200002040024879, adistance of 1776.50 feet to an iron pin found at southeasterly corner of said 9.293 acre tract, being the southerly right-of-way line of U.S. Route 33 -State Route 161 and being a corner of said Dublin Corporation Line; Thence, North 07° 24' 08" West, along said Corporation Line, along an easterly line of said 9.293 acre tract and crossing said U.S. Route 33, a distance of 291.98 feet to a point in the northerly right-of-way of said U.S. Route 33, said point being in an existing City of Dublin Corporation line; Thence, with said northerly right-of-way line, with said existing City of Dublin Corporation Line, with the arc of a curve to the lefr, having a radius of 3766.53 feet, a delta angle of OS°24' 14", a chord distance of 355.10 feet to a point; Thence, North 88°45'57" East, continuing with said northerly right-of-way line and said existing Corporation Line, a distance of 478.80 feet to a point at a corner of an existing City of Dublin Corporation line, said point also being in the easterly line of said V.M.S. 3452 line; Thence, South OS°06'48" East, along said V.M.S. line, crossing said U.S. Route 33 and with said City of Dublin Corporation line, a distance of 195.08 feet to the northeasterly corner of a 6.885 acre tract conveyed to 33/Dublin Industrial Park in Instrument No. 200104050070720, said point also being in an existing City of Dublin Corporation line; Thence, South 88°45'57" West, with the northerly line of said 6.885 acre tract, with an existing City of Dublin Corporation line and with the southerly line of said U.S. Route 33, a distance of 223.97 feet to an iron pin found at the northwesterly corner of said 6.885 acres; Thence, South OS° 06' 48" East, along the westerly line of said 6.885 acre tract and said Corporation Line, a distance of 1342.97 feet to an iron pin found in an existing City of Dublin Corporation Line; Thence, South 83° 42' 32" West, along said existing City of Dublin Corporation Line, a distance of 2350.83 feet to THE PLACE OF BEGINNING. Containing 76.884 acres of land, more or less. Subject to all easements, restrictions and rights-of-way of record. Beazings are based on the bearings as contained on the Grantor's Deed of record in instrument no. 200203070059855. All records are to records of the Recorder's Office, Franklin County, Ohio. WHEREAS, together with a map of said territory accompanying said petition filed with the Boazd of County Commissioners, Franklin County, Ohio, on March 19, 2004, be and the same are hereby filed in the Office of the County Auditor; WHEREAS, the Ohio Revised Code in Section 709.031 stipulates that the County Commissioners can ask the County Engineer for a report on the accuracy of the map or plat; now, therefore, upon the motion of Commissioner Stokes ,seconded by Commissioner Kilroy , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: Section 1. That a review upon said petition shall be held in the County Commissioners' Heazing Room, 26th Floor of the Franklin County Courthouse at 9:00 A.M. on April 27, 2004; and Section 2. That the Director of Development to the Boazd of County Commissioners be and hereby is directed to notify the agent of the petitioners of the time and place of said review; and Section 3. That the map or plat of Shier Rings Road was reviewed and approved on March 9, 2004 by the County Engineer of Franklin County, Ohio, for the accuracy of its legal description. Voting Aye thereon: ARLENE SHO AKER, PRESIDENT ~ C~£~ EWEY .STOKES MARY JO KILROY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: ARLENE SHOEMAKER, PRESIDENT DEWEY R. STOKES MARY JO KILROY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO DJN/njt c: Journal Development Department I HEREBY CERTIFY THAT THE ABOVE IS A TR CORRECT COPY OP RESOLUTION NO AND ADOPTED BY THE FRANKL C C M ISSIONERS UNrY B ARD OF April 27, 2004 SOLUTION NUMBER 383-04 EVIEW OF PETITION TO ANNEX 6.884 ACRES IN WASHINGTON TOWNSHIP O THE CITY OF DUBLIN, OHIO Y ROBERT W. RINGS, ET AL ASE #ANX-EXP2-16-04 WI~REAS, the Commissioners of Franklin County, State of Ohio, proceeded on the 0`" day of April 2004 to fix the petition of Robert W. Rings, et al, filed March 19, 2004, ournalized Mazch 30, 2004 and solicited to and/or been heazd by all persons desiring to be eviewed for or against the granting of the Expedited 2 petition, and having considered all the acts with reference thereto, being fully advised, and WHEREAS, the Commissioners make the following findings based upon the exhibits and estimony presented at the review of this matter: 1. The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code. 2. The persons who signed the petition are owners of the real estate located in the territory proposed for annexation and constitute all of the owners of real estate in that territory. 3. The territory proposed for annexation does not exceed five hundred acres. 4. The territory proposed for annexation shazes a contiguous boundary with the municipal corporation to which annexation is proposed for a continuous length of at least five percent of the perimeter of the territory proposed for annexation. 5. The annexation will not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation. 6. The municipal corporation to which annexation is proposed has agreed to provide to the territory proposed for annexation the services specified in the relevant service ordinance #15-04 passed on Apri15, 2004 by the Dublin City Council. Therefore, upon the motion of Commissioner Kilroy ,seconded by ommissioner-Srr, a~ E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN OUNTY, OHIO: That, in accordance with the fmdings made in the preamble, which are incorporated herein, the prayer of the Petition be approved, and the territory sought to be annexed by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accordance with the law; that the orders and proceedings of this boazd relating to the Petition, and map and description attached thereto, and all papers on file relating to this matter be delivered forthwith to the Clerk of Council, City of Dublin, Ohio. oting Aye thereon: j ' ARLENE SHOEMAKER, PRESIDENT ~ DEWEY R. O MARYJ I OY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO oting Nay thereon: ARLENE SHOEMAKER, PRESIDENT DEWEY R. STOKES MARY JO KII.ROY BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO JN:njt Journal Development Department HEREBY CERTIFY THAT THF_ ABOVE IS I~TF~JF~ AND, / CORRECT COPY OF RGSOLUTiGi~! NO. ~_b~ ADOPTED BY THE FRANK CG~U TSB RD OF C© JlivliSS1UNERS ON