HomeMy WebLinkAbout79-03 OrdinanceRECORD OF ORDINANCES
Blank, Inc.
Ordinance No.
79-03 Passed . 20
AN ORDINANCE TO ACCEPT
AN ANNEXATION OF 2.42+/- ACRES IN PERRY TOWNSHIP,
FRANKLIN COUNTY TO THE CITY OF DUBLIN
WHEREAS, on Apri12, 2003 the Franklin County Commissioners approved the
annexation petition filed by Stephen J. Smith, Law Director, agent for petitioner
City of Dublin, 5200 Emerald Parkway, Dublin, OH 43017; and
WHEREAS, Council is of the opinion that this territory should be annexed to the
City of Dublin.
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 2.42+/- 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 of , 2003.
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.
rk of Council, Dublin, Ohio
EXHIBIT E ~
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August 28, 2002
Approximately 2.42 Acres located in
Perry Township, Franklin County, Ohio to be
Aiznexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
Township 2, Township 2, Range 19 United States Military Lands, being parts of Tuller
Road, State Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract
(Instrument Number 199710080114699, Recorder's Office, Franklin County, Ohio) and
the City of Dublin 1.640 Acre tract (Instrument Number 200006290128229, said
Recorder's Office) and being more particularly described as follows:
Beginning at the intersection of the north line of Tract II of said 1.455 Acre tract
extended westerly with the existing westerly Right-of--Way of said State Route #257, said
intersection being an angle point in an existing City of Dublin Corporation Line, as
established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page
617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II
and along said Corporation Line (Ord. No. 14-65), approximately 80 feet, to the
intersection of said line with the existing easterly Right-of--Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141
feet, to the intersection of said line with the existing northerly Right-of--Way of said
Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to
the intersection of said line with the east line of Tract I of said 1.455 Acre tract, and being
in said existing corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line
(Ord. No. 14-65), approximately 70 feet, to the intersection of said line with the original
southerly Right-of--Way of said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an
existing City of Dublin Corporation Line as established by Ordinance Number 08-64, of
record in Miscellaneous Record 136, Page 247, said Recorder's Office, and across said
State Route #257 with the westerly extension of said original southerly line of Tuller
Road, approximately 483 feet, to the intersection of said line with the westerly Right-of-
Way line of said State Route #257;
(Continued)
.~ ~ ~ ,
Page 2
Thence, southerly, along said westerly Right-of--Way and said Corporation Line
(Ord. No. 08-64), approximately 59 feet, to a point of curvature of said Right-of--Way;
Thence, southerly, along a curve to the right, along said Right-of--Way and said
Corporation Line (Ord. No. 08-64), approximately 402 feet, to the intersection of the
easterly line of said 1.640 Acre tract with said westerly Right-of--Way line, being an angle
point of said Corporation Line (Ord. No. 08-64);
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and
easterly line of said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the
Scioto River being the southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of
said 1.640 Acre tract, approximately 914 feet, to the intersection of said easterly bank
with a southerly line of said Corporation Line (Ord. No. 14-65) being the northwest
corner of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line
of said 1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation
Line (Ord. No. 14-65) in the westerly Right-of--Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said
westerly Right-of--Way, approximately 182 feet, to the place of beginning
CONTAINNING APPROXIMATELY 2.42 ACRES.
SCHOTTENSTEIN ZOX 8c DUNN
o legal pro(essionol association
MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
J. Corey Colombo
DATE: July 16, 2003
RE: Ordinance 79-03
(Acceptance of annexation of 2.42 +/- acres from Perry Township)
On April 2, 2003, the Franklin County Commissioners approved the annexation of 2.42
acres from Perry Township to the City of Dublin. The land subject to the annexation consists of
Dublin-owned property and roadway at and near the Tuller Road and State Route 257 (Riverside
Drive) intersection. The City of Dublin was the petitioner for the annexation, and filed the
petition pursuant to the "regular," also known as the "majority owner," annexation method. The
petition was filed pursuant to Dublin Ordinance 126-02.
The City Council can now accept the annexation of the 2.42 acres with the passage of
Dublin Ordinance 79-03. Should the City Council accept the annexation, the annexation will
become effective in thirty (30) days. Once effective, the Law Department intends to file a
boundary adjustment petition with the Franklin County Commissioners in order to transfer the
land from Perry Township to Washington Township.
As always, please contact this office if you have any questions or wish to further discuss
this matter.
www.SZD.com
Columbus
Cleveland
Cincinnati
(H0341925.1 }
The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5 135
FRANKLIN COUNTY DEVELOPMENT DEPARTMENT
280 EAST BROAD STREET, ROOM 202 • COLUMBUS, OH[O 4321b-6304
(614) 462-3094 • Fax (61 4) 462-71 55
WEB ADDRESS: WWW.CO.FRANKLIN.OH.US/DEVELOPMENT
DAN/EL J. N/CHTER~ DIRECTOR
May 6, 2003
Anne Clarke, Clerk of Council
Ciry of Dublin
6665 Coffman Road-Municipal Bldg.
Dublin, OH 43017
Dear Ms. Clarke:
Enclosed is the transcript of the proceedings on the petition of The City of Dublin, for annexation
of 2.42-± Acres in Perry 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
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FRANKLIN COUNTY BOARD OF COMMISSIONERS
ARLENE SHOEMAKER DEWEY R. STOKES MARY JO K/LROY
WEB ADDRESS: WWW.CO.FRANKL/N.OH. US/COMM/SSIONERS//NOEX.HTM
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
REZONIlVG/ANNEXATION HEARING
Wednesday, April 2, 2003
The Franklin County Board of Commissioners convened in the Commissioners
Conference Room at 10:00 a.rn. on Wednesday, April 2, 2003 present were:
Dewey R. Stokes, President
Mary Jo Kilroy, Commissioner
Daniel J. Nichter, Director
Development Department-Executive Secretary
Commissioner Stokes opened the meeting, which was followed by the taking of roll call
and the swearing in of all witnesses by Director Nichter. Commissioner Shoemaker was
not present.
The first order of business being approval of the minutes of the February 5, 2003, the
March 5, 2003 Board of County Commissioners Rezoning and Annexation Hearings.
Commissioner Kilroy made the motion to approve, seconded by Commissioner Stokes.
The minutes were approved by a 2-0 vote.
The second order of business being resolution #116-03. Commissioner Stokes read the
case for the record, annexation case #ANX-08-02. Director Nichter presented to the
Board of County Commissioners the case, ANX-08-02. Director Nichter made a request
for the case to be withdrawn from the table on behalf of the agent, Jackson Reynolds.
Commissioner Stokes made the motion to approve, seconded by Commissioner Kilroy.
The case was approved by a 2-0 vote and withdrawn from the table.
The third order of business being resolution # 325-03. Commissioner Stokes read the
case for the record, rezoning case #ZON-03-O1. Planner, Renee Esses presented to the
Board of County Commissioners the case, ZON-03-O1. Commissioner Kilroy made the
motion to approve, seconded by Commissioner Stokes. The case was approved by a 2-0
vote.
The fourth order of business being resolution #326-03. Commissioner Stokes read the
case for the record, rezoning case #ZON-02-06. Planner, Renee Esses presented to the
Board of County Commissioners the case, ZON-02-06. Director Nichter made a request
for the case to be tabled on behalf of the agent, Jackson Reynolds, to the May 7, 2003
hearing. Commissioner Kilroy made the motion to approve, seconded by Commissioner
Stokes. The case was approved by a 2-0 vote and tabled to May 7, 2003 at 10:00 a.m.
The fifth order of business being resolution #327-03. Commissioner Stokes read the case
for the record, annexation case #ANX-REG-50-0 Director Nichter presented to the
Board of County Commissioners the case, ANX-REG-50-02. Commissioner Kilroy
made a motion to approve, seconded by Commissioner Stokes. The case was approved
by a 2-0 vote.
"The sixth order of business being resolution #328-03. Commissioner Stokes read the
case for the record, annexation case #ANX-REG-58-02. Director Nichter presented the
case to the Board of County Commissioners the case, ANX-REG-58-02. Commissioner
Kilroy made a motion to approve, seconded by Commissioner Stokes. The case was
approved by a 2-0 vote.
There being no further business coming before the meeting Commissioner Stokes
adjourned the meeting at 10:48 a.m.
Minutes of the February 5, 2403 and the March 5, 2003 Board of County Commissioners
Rezoning and Annexation Hearings were approved on this the 2nd day of April 2003.
f ~ ~~
D WEY R. OKES, PRF~~DENT
ARLENE SI,~dEMAKER, COMMISSIONER
~-
MARY JOi KH'~OY, ~OMM SIONER
BOARD OF COUNTY COM " ISSIONERS
FRANKLIN COUNTY, OHIO
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March 18, 2003
RESOLUTION NUMBER 281-03
HEARING ON PETITION TO ANNEX
2.42+/- ACRES IN PERRY TOWNSHIP
TO THE CITY OF DUBLIN, OHIO
BY THE CITY OF DUBLIN, OHIO
FIXED FOR WEDNESDAY, APRIL 2, 2003
AT 10:00 A.M. CASE #ANX-REG-50-02
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 the City of
Dublin and signed by the City of Dublin, Ohio, Jane Brautigam, City Manager and appointing
Stephen J. Smith as agent for the said territory being described as follows:
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
' Township 2, Township 2, Range 19 United States Military Lands, being parts of Tuller Road, State
Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract (Instrument Number
1.997100801.14699, Recorder's Office, Franklin County, Ohio) and the City of Dublin 1.640 Acre
tract (Instrument Number 200006290128229, said Recorder's Office) and being more particularly
described as follows:
Beginning at the intersection of the north line of Tract II of said 1.455 Acre tract extended
westerly with the existing westerly Right-of-Way of said State Route #257, said intersection being an
angle point in an existing City of Dublin Corporation Line, as established by Ordinance Number 14-
6.5, of record in Miscellaneous Record 138, Page 617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II and along said
Corporation Line (Ord. No. 14-65), approximately 80 feet, to the intersection of said line with the
existing easterly Right-of-Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141 feet, to the
intersection of said line with the existing northerly Right-of-Way of said Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to the
intersection of said line with the east line of Tract I of said 1.455 Acre tract, and being in said existing
corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line (Ord. No. 14-
65}, approximately 70 feet, to the intersection of said line with the original southerly Right-of-Way of
said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an existing
City of Dublin Corporation Line as established by Ordinance Number 08-64, of record in
Miscellaneous Record 136, Page 247, said Recorder's Office, and across said State Route #257 with
the westerly extension of said original southerly line of Tuller Road, approximately 483 feet, to the
intersection of said line with the westerly Right-of-Way line of said State Route #257;
Thence, southerly, along said westerly Right-of-Way and said Corporation Line (Ord. No. 08-
64), approximately 59 feet, to a point of curvature of said Right-of-Way;
Thence, southerly, along a curve to the right, along said Right-of-Way and said Corporation
Line (Ord. No. 08-64), approximately 402. feet, to the intersection of the easterly line of said 1.640
`' Acre tract with said westerly Right-of--Way lin,:., being an angle point of said Corporation. Line (Ord.
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and easterly line
or said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the Scioto River being the
;southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of said 1.640
Acre tract, approximately 914 feet, to the intersection of said easterly bank with a southerly line of
`said Corporation Line (Ord. No. 14-65) being the northwest corner of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line of said
:1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation Line (Ord. No. 14-65)
in the westerly Right-of-Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said westerly Right-of-
Way, approximately l82 feet, to the place of be~innin~_ cnnr~;n;nn ..,,,.,..,..,:_~..4_,__ ., .,.
WHEREAS, together with a map of said territory accompanying said petition filed with the
Board of County Commissioners, Franklin County, Ohio, on November 20, 2002, 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 A; ].ro~_, seconded by Commissioner
Shoemak ;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN
COUNTY, OHIO:
Section 1. That a hearing upon said petition shall be held in the County Commissioners' Hearing i
Room, 26th Floor of the Franklin County Courthouse at 10:00 a.m. on April 2, 2003; and
Section 2. That the Zoning Director to the Board of County Commissioners be and hereby is directed
to notify the agent of the petitioners of the time and place of said hearing; and
Section 3. That the map or plat of Riverside Drive is hereby referred to the County Engineer of
Franklin County, Ohio, for the checking of its accuracy of description. ''
Voting Aye thereon:
Voting Nay thereon:
DJN:ph
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Development Department
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DEWEY R. STOKES, PRESIDENT
ARLENE SHOEMAKER
MARY JO KII,ROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIlV COUNTY, OHIO
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MARY JO I~ILIZ"OY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
April 2, 2003
RESOLUTION NUMBER 327-03
RESOLUTION TO APPROVE THE PETITION
OF CITY OF DUBLIN FOR 2.42+/-
ACRES IN PERRY TOWNSHIP
TO THE CITY OF DUBLIN, OHIO
CASE #ANX-REG-50-02
WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded on the
18`h day of March 2003 to fix the petition of City of Dublin filed November 20, 2002,
journalized November 26, 2002 and solicited to and/or been heard by all persons desiring to
be reviewed for or against the granting of the Regular petition, and having considered all the
facts with reference thereto, being fully advised, and
WHEREAS, the Commissioners make the following findings based upon the exhibits and
(~ testimony presented at the hearing of this matter:
1. The Petition contains all of the matters required by Ohio Revised Code Section 709.02
including, without limitation: A. A full description and accurate map or plat of the
territory to be annexed; B. A statement of the total number of owners of real estate in the
territory to be annexed; C. The name of the person to act as agent for the petitioner.
2. The territory sought to be annexed is adjacent and contiguous to the City of Dublin, Ohio.
3. Notice of the petition and the hearing has been published as required by law, and all
notices of filing the petition and the hearings thereon have been given and delivered as
required by law.
4 The persons whose names are subscribed on the petition are owners of real estate in the
territory sought to be annexed, and as of the time the petition was filed, the number of
valid signatures on the petition constituted a majority of the owners of real estate in the
territory proposed to be annexed.
S. The map or plat and the description of the territory contained in the petition are accurate.
~~~ '6. The City of Dublin has complied with Division (B) of Ohio Revised Code Section
709.031.
7. The territory sought to be annexed is not unreasonably large.
~. 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
# 1.26-02 passed on October 21, 2002 by the Dublin City Council.
Therefore, upon the motion of Commissioner Kilroy
Commissioner Stokes - seconded by
~3E IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN
!BOUNTY, OHIO:
~~ That, in accordance with the findings 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 board 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.
Voting Aye thereon:
Voting Nay thereon:
DJN:njt
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Development Department
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DEWEY R<STOKES, PRESIDENT
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ARLENE SHOEMAKER
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MARY J ROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
DEWEY R. STOKES, PRESIDENT
ARLENE SHOEMAKER
MARY JO KILROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
Apri12, 2003
TO THE CLERK OF THE
CITY OF DUBLIN, OHIO
We, the members of the Board of County Commissioners of Franklin County, Ohio,
pursuant to Ohio Revised Code Section 709.033, do hereby certify that the papers hereto
attached constitute the original papers and true transcript of all proceedings had by the Board
of County Commissioners of Franklin County, Ohio, in connection with the petition filed by
City of Dublin, owning real estate within the territory sought to be annexed; praying for the
annexation of certain adjacent and contiguous territory in Perry Township to the City of
Dublin, Ohio, as described in said petition filed November 20, 2002.
Certifying these papers to be true:
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DEWEY R,, STOKES, PRESIDENT
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ARLENE SHOEMAKER
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MARY J ROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
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Sharon Bice, Clerk
DJN/n j t
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Development Department
SCHOTTENSTEIN ZOX gc DUNN
o legal professional association
STEPHEN 7. SMITH
614/462-2249
E-MAIL: SSMITH tQSZD.COM
November 20, 2002
VIA HAND DELIVERY
Franklin County Development Department
Attn: Daniel Nichter and Tammy Noble
280 East Broad Street
Columbus, Ohio 43215
Re: Petition for annexation of 2.42 from Perry Township to the City of Dublin
To Whom It May Concern::
As agent for the petitioner, City of Dublin, I am submitting the above-referenced
annexation petition to be placed on the agenda of the Franklin County Commissioners. Per the
requirements of the Franklin County Development Department, the petitioner has included
twenty-five (25) copies of the petition with this correspondence. Along with the petition, the
petitioner has included the list of landowners and adjacent landowners as required by R.C.
709.02(D).
Please let me know the date of the of the hearing once it is scheduled. Your office can
contact me, or Corey Colombo at (614) 462-2232, if you have any questions or wish to further
discuss this matter. Thank you.
Very truly yours,
Stephen J. Smith .
Law Director, City of Dublin
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ae~eia~d Enclosures: Annexation Petition
c~~d~~at~ 25 copies of Petitition
HO2sas62i
The u._ r~r~..r' .o~ a I ~~ t,- ui~h ct ,~. c. i;.a ~cr~n r-,I~.,...ti~,_ n ,..i~~ i c c ~ -c v.,,__ c a~a~~ ~~nn f_x 61414.',,7_5 ~ ~
PETITION FOR ANNEXATION
TO THE CITY OF DUBLIN, OHIO,
OF 2.42 ACRES OF LAND, MORE OR LESS
IN THE TOWNSHIP OF PERRY, FRANKLIN COUNTY
TO THE BOARD OF COUNTY COMMISSIONERS
OF FRANKLIN COUNTY, OHIO
The undersigned, being a majority of the owners of real estate in the territory, hereby
petition for the annexation of the territory, described in Exhibit "A," to the City of Dublin,
Franklin County, Ohio, according to the statutes of the State of Ohio. "Che territory consists of
2.42 acres, more or less, and is adjacent and contiguous with the City of Dublin.
Attached to this Petition, in Exhibit "B," is an accurate plat map showing the boundaries
of the territory sought to be annexed.
There is ONE (1) OWNER OF REAL ESTATE, as "owner" is defined by R.C.
709.02(E), in the territory sought to be annexed. The owner is the City of Dublin.
Stephen J. Smith, City of Dublin Law Director, Schottenstein, Zox & Dunn, 41 South
High Street, Suite 2600, Columbus, Ohio 43215, (614) 462-2249, is appointed agent for the
petitioner as required by R.C. 709.02, with full power to amend, increase or decrease the area, to
do any and all things essential thereto, and to take any action necessary for obtaining the granting
of this Petition, without expressed consent of the petitioner. The agent's authority includes, but
is not limited to, the authority to make any amendment and/or deletion in order to correct any
discrepancy or mistake noted by the Franklin County Engineer in his/her examination of this
Petition, description and plat. An amendment for that purpose shall be made by presentation of
an amended plat and description to the Board of County Commissioners on, before, or after the
date set for hearing of this Petition.
Dublin City Council enacted Ordinance No. 126-02 on October 21, 2002 authorizing the
Law Director to file this Petition to annex the territory. A certified copy of Ordinance No. 126-
02 is attached hereto as Exhibit "C." A certified copy of the relevant minutes of the October 21,
2002 City Council meeting are attached hereto as Exhibit "D."
Petitioner's Name
City of Dublin, Ohio
Jane Brautigam, City M ager
Address Date
5200 Emerald Parkway i t t 5 zGv L.
Dublin, Ohio 43017
H0353005, I }
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August 28, 2002
Approximately 2.42 Acres located in
Perry Township, Franklin County, Ohio to be
Annexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
Township 2, Township 2, Range 19 United States Military Lands, being parts of Tuller
Road, State Route #257 (Riverside Drive), the BVH Associates LLC 1.455 Acre tract
(Instrument Number 199710080114699, Recorder's Office, Franklin County, Ohio) and
the City of Dublin 1.640 Acre tract (Instrument Number 200006290128229, said
Recorder's Office) and being more particularly described as follows:
Beginning at the intersection of the north line of Tract II of said 1.455 Acre tract
extended westerly with the existing westerly Right-of--Way of said State Route #257, said
intersection being an angle point in an existing City of Dublin Corporation Line, as
established by Ordinance Number 14-65, of record in Miscellaneous Record 138, Page
617, said Recorder's Office;
Thence, easterly, across said State Route #257, along said north line of Tract II
and along said Corporation Line (Ord. No. 14-65), approximately 80 feet, to the
intersection of said line with the existing easterly Right-of--Way of said State Route #257;
Thence, southerly, along said east line of State Route #257, approximately 141
feet, to the intersection of said line with the existing northerly Right-of--Way of said
Tuller Road;
Thence, easterly, along said north line of Tuller Road, approximately 396 feet, to
the intersection of said line with the east line of Tract I of said 1.455 Acre tract, and being
in said existing corporation line;
Thence, southerly, across Tuller Road and along said existing Corporation Line
(Ord. No. 14-65), approximately 70 feet, to the intersection of said line with the original
southerly Right-of--Way of said Tuller Road, being an angle point in said corporation line;
Thence, westerly, along said original southerly line of said Tuller Road, being an
existing City of Dublin Corporation Line as established by Ordinance Number 08-64, of
record in Miscellaneous Record 136, Page 247, said Recorder's Office, and across said
State Route #257 with the westerly extension of said original southerly line of Tuller
Road, approximately 483 feet, to the intersection of said line with the westerly Right-of-
Way line of said State Route #257;
(Continued)
i
Puge 2
Thence, southerly, along said westerly Right-of--Way and said Corporation Line
(Ord. No. 08-64), approximately 59 feet, to a point of curvature of said Right-of--Way;
Thence, southerly, along a curve to the right, along said Right-of--Way and said
Corporation Line (Ord. No. 08-64), approximately 402 feet, to the intersection of the
easterly line of said 1.640 Acre tract with said westerly Right-of--Way line, being an angle
point of said Corporation Line (Ord. No. 08-64);
Thence, southerly, continuing along said Corporation Line (Ord. No. 08-64) and
easterly line of said 1.640 Acre tract, approximately 420 feet, to the easterly bank of the
Scioto River being the southerly most point of said 1.640 Acre tract;
Thence, northerly, along the easterly bank of said River and the westerly line of
said 1.640 Acre tract, approximately 914 feet, to the intersection of said easterly bank
with a southerly line of said Corporation Line (Ord. No. 14-65) being the northwest
corner of said 1.640 Acre tract;
Thence, easterly, along said Corporation Line (Ord. No. 14-65) and the north line
of said 1.640 Acre tract, approximately 176 feet, to an angle point in said Corporation
Line (Ord. No. 14-65) in the westerly Right-of--Way of said State Route #257;
Thence, northerly, along said Corporation Line (Ord. No. 14-65) and said
westerly Right-of--Way, approximately 182 feet, to the place of beginning
CONTAINNING APPROXIMATELY 2.42 ACRES.
RECORD OF PROCEEDINGS
Minutes of Dublin City Council
He
October 21, 2002
EXHIBIT
d
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19
Vice Mayor Boring called the Dublin City Council meeting of October 21, 2002 to order at
7:00 p.m.
Mr. Kranstuber led the Pledge of Allegiance.
Roll Call
Council members present were: Mr. Lecklider, Mrs. Boring, Ms. Salay, Ms. Chinnici-
Zuercher, Mr. Kranstuber and Mr. Reiner. Mayor McCash arrived at 7:30 p.m.
Staff members present were: Ms. Brautigaum, Ms. Grigsby, Ms. Readler, Mr. Ciarochi,
Mr. McDaniel, Mr. Stevens, Ms. Hoyle, Ms. Kennedy, Ms. Puskarcik, Ms. Clarke, Ms.
Crandall, Mr. Hammersmith, interim Chief Epperson and Mr. Hahn.
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Approval of Minutes of October 7, 2002 Regular Meeting
Mr. Lecklider noted a correction to page 7, where he stated that his understanding is that
the Wilcox Road route would allow for burying the line. ft should state that the I-270 route
would allow for burying the line.
Ms. Chinnici-Zuercher moved approval.
Ms. Salay seconded the motion.
Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr.
Kranstuber, yes; Ms. Salay, yes; Mr. Lecklider, yes.
Correspondence
The Clerk reported that a notice was sent to Council regarding a transfer of liquor permits
from Chipotle at Perimeter Loop to a location on Tuttle Crossing Boulevard.
There was no objection to the transfer of this permit.
Citizen Comments
Adam Cadella, 9413 Culross Court stated that he is accompanied by other senior
government students who are required to attend a public meeting. They will follow up the
meeting with a report, and he thanked Council for the opportunity to observe the meeting.
Mrs. Boring noted that the next speaker signed in is Wallace Maurer. The topic he has
indicated for his comments is "Balbir Kindra." He has addressed this issue over several
months at previous meetings. Council selected Ms. Grigsby as Interim City Manager and
hired Ms. Brautigam as City Manager. She is not receptive to having someone
continually degrade the staff in this manner. She asked that Mr. Maurer submit any
further comments on this topic in writing so that they can be addressed. At this time, she
stated that the topic should be closed and Council should move on with the agenda.
Wallace Maurer, 7451 Dublin Road noted that what the Vice Mayor is saying is out of
order on two bases: (1) Citizen comment is for any topic not on the agenda, and this
topic is not on the agenda for tonight; (2) There is an issue of authority -the "boss" is the
citizenry of Dublin and the boss can at any time demand an accounting of those hired by
the boss. Tonight, he is following through on the suggestions made to consult the
documentation regarding Mr. Kindra. His research indicates that something out of order
and scandalous has taken place. He is merely exerting his sovereign rights as a
sovereign citizen.
Mrs. Boring asked Ms. Readler to explain the legal issues involved with public
participation in meetings.
Ms. Readler responded that the Ohio Public Meetings Act requires that the public be
invited to meetings of public bodies; it does not ensure public participation. That is a
matter to be determined by Council.
Mr. Kranstuber stated that it is not appropriate for Council to choose who may or may not
speak. It is a freedom of speech issue.
Mrs. Boring clarified that the issue has been addressed over many months, and she
questions the wisdom of continuing this dialogue.
Ms. Chinnici-Zuercher stated that Mr. Maurer has the right to voice his concerns over
matters, but perhaps he should refrain from using specific names in his comments. Mr.
Maurer's issue seems to be one of due process for an employee.
Mr. Maurer stated that there is no legal protection of anyone's privacy in the legal
documentation. If necessary to name names, that person will have the opportunity to
reply. His concern is with the protection of the public who knows nothing about the
j~ Kindra case. He is not interested in pursuing a legal action in this matter. He believes
i, that all public affairs should be dealt with publicly.
it
RECORD OF PROCEEDINGS
Minutes of Dublin City Council Meeting
I
Held October 21, 2002 Page 4 19 ~i
Second Readinq/Public Hearing of Ordinance 126-02
Authorizing the Petition for Annexation of 2.42 Acres, More or Less, Located at the
r Intersection of State Route 257 (Riverside Drive) and Tuller Road and the Parcel
Southwest of the Intersection, Located in Perry Township, Franklin County, to the
City of Dublin, Repealing Ordinance Nos. 80-01 and 81-01.
Ms. Brautigam stated that jurisdictional enforcement issues from the Police division have
prompted this annexation petition to bring the intersection into the City limits, improving
their ability to enforce traffic laws in this location.
Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr.
j Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes.
Second Readinq/Public Hearing of Ordinance 127-02
Approving and Authorizing the City Manager and Director of Finance to Execute a
Development Agreement with Ashland, Inc.
Ms. Brautigam reported that this legislation relates to a development agreement involving
access to Rings Road.
Ms. Salay asked for an estimated construction date.
Mr. Stevens responded that they are targeting spring of 2003.
Vote on the Ordinance: Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms.
Chinnici-Zuercher, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes.
Second Readinq/Public Hearing of Ordinance 88-02
Providing for a Change in Zoning for Approximately 1.615 Acres Located at the
Northwest Corner of Avery Road and Corporate Center Drive, from PIP, Planned
Industrial Park (Washington Township Classification), to: SO, Suburban Office and
Institutional District. (Case No. 02-0622 -Northwest Corporate Center -Dublin
Prep Academy - 5689 Avery Road).
Ms. Clarke stated that the applicant was required to submit a rezoning as part of a
condition applied to a conditional use. The conditional use was for a private school within
an industrial park. This is a downzoning which is consistent with the Community Plan.
The site is located on the northwest corner of Avery and Corporate Center Drive and
contains an office building. The playground and parking are located behind, and the
access is from Corporate Center Drive. She showed several slides of the site and
surrounding area. The Planning Commission recommended approval.
Mr. Lecklider stated that in the minutes of P&Z, concerns were expressed about traffic
related to dropping off of students.
Ms. Clarke stated that when the school first opened, there was traffic lined up on
Corporate Center Drive. Once the school year was underway, this situation was resolved
with some parent education.
Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; ~Ar. Reiner, yes;
Ms. Salay, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes.
Second Readinq/Public Hearing of Ordinance 105-02 (Amended)
Establishing Dublin Zoning for Four Parcels Comprising an Area of Approximately
140 Acres, as Annexed from Jerome Township in 2001, Generally Located East of
Hyland-Croy Road, 2,200 Feet North of Mitchell-Dewitt Road, as R, Rural District
(Case No. 02-067Z).
Ms. Clarke stated that the Law Department advised a systematic rezoning for afl newly
annexed areas which carry Washington Township zoning. There are four parcels
involved in this particular zoning, as shown on the plan. Currently, the zoning is U-1, an
agricultural district in Jerome Township, Union County. This is an area rezoning
sponsored by the City and there were no fees involved. An area meeting was convened
in July, but none of the property owners attended. There has been no opposition to this
zoning action. The Planning Commission recommends approval of the ordinance.
Vote on the Ordinance: Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Mrs.
Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes.
i', Introduction/First Reading of Ordinance 129-02
~ Revising the Fee and Service Charge Revenue/Cost Comparison System and
it Establishing a Schedule of Fees and Service Charges for City of Dublin Services.
Ms. Salay introduced the ordinance.
Ms. Brautigam stated that staff is suggesting this ordinance be referred to Ffinance
it Committee for review at their October 28 meeting. A recommendation to Council is
~; expected for the November 4 Council meeting.
iI
SUPPLEMENT TO CITY OF DUBLIN
ANNEXATION PETITION FOR 2.42 acres
List of parcels in area to be annexed and adjacent territory
Filed pursuant to O.R.C. 709.02(D)*
List of parcels in area to be annexed
Parcel No.: 212-000114
Name of Owner: City of Dublin
Address: N/A Riverside Drive, Perry Township, OH 43017
Mailing Information: City of Dublin, 5200 Emerald Parkway, Dublin, OH 43017-1066
List ofparcels in adjacent territory
Parcel No.: 273-008244
Name of Owner: Allan K. Vrable
Address: 6720 Riverside Drive, Dublin, OH 43017
Mailing Information: Jim Merrill, 1605 NW Professional Plz., Upper Arlington, OH 43220
Parcel No.: 273-010408
Name of Owner: Invictus Land Holding LLC
Address: 6720 Riverside Drive, Dublin, OH 43017
Mailing Information: Jim Merrill, 1605 NW Professional Plz., Upper Arlington, OH 43220
Parcel Nos.: 212-000494 and 212-001246
Name of Owner: BVH Associates, LLC
Address: 6924 Riverside Drive, Perry Township, OH 43017
Mailing Information: BVH Associates, LLC, 4590 Indianola Ave., Columbus, OH 43214
Parcel No.: 273-008247
Name of Owner: Thomas Family LP
Address: 4444 Tuller Road, Dublin, OH 43017
Mailing Information: Thomas Family LP, 7780 Brock Road, Plain City, OH 43064
"At the time of filing the petition for annexation, the agent for the petitioners also shall file with the clerk of the board a list of
all tracts, lots. or parcels in the territory proposed for annexation, and all tracts, lots. or parcels located adjacent to that territory or
directly across the road from it when the road is adjacent to it, including the name and mailing address of the owner of each tract.
lot, or parcel. and the permanent parcel number from the county auditor's permanent parcel numbering system established under
section 319.28 of the Revised Code for each tract. lot, or parcel. This list shall not be considered to be a part of the petition for
annexation, and any error on the list shall not affect the validity of the petition."
;HO?37570J
' SCHOTTENSTEIN ZOX $c DUNN
a legal professional association
STEPHEN 1. SMITH
614/462-2249
E-MAIL: SSMITH n SZD.COM
December 17, 2002
VIA CERTIFIED MAIL
Franklin County Development Department
Attn: Nancy Thompson, Annexation Clerk
280 East Broad Street
Columbus, Ohio 43215
Re: #A1VX-REG-SO-02 (Proof of Service and Affidavit of Agent)
To Whom It May Concern::
As agent for the petitioner, City of Dublin, I am submitting the affidavit that
notice was served upon the adjacent landowners and the proof of service that notice was
served upon Perry Township and the City of Dublin. These documents are being
provided to the Franklin County Board of Commissioners as required by R.C.
709.03(B)(1) and (B)(2).
Your office can contact me, or Corey Colombo at 462-2232, if you have any
questions or wish to further discuss this matter. Thank you.
Very truly yours,
..~
Stephen J. Smith
Law Director, City of Dublin
SJS/jcc
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Columbus
Ce~ieland
Cincinnati
Enclosures: Proof of Service
Affidavit of Agent
! H0263493. I I
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AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
Stephen J. Smith, being first duly sworn, deposes and says that he is the Agent for the
Petitioners for Annexation Petition wherein it is prayed that 2.42 acres, more or less, in Perry
Township be annexed to the City of Dublin, Ohio, which petition is set for hearing before the
Board of County Commissioners of Franklin County, Ohio, on February 5, 2003 at 10:00 a.m.;
that at the time of the filing of said petition, there was one (1) owner of real estate in the area so
prayed to be annexed, of which that one (1) owner affixed an authorized official's signature to
said petition; that affiant was the circulator of said petition and that, to the best of the affiant's
knowledge, the signer placed her name thereon as her free and voluntary act and deed; that
notice of the date and time of the annexation hearing, a copy of the petition, and a statement of
how to remove signatures from the petition was sent via regular mail on December 9, 2002 to the
four (4) adjacent landowners, which includes Allan K. Vrable, Invictus Landholding LLC, BVH
Associates, LLC, and Thomas Family LP; and further affiant sayeth naught.
..~----' r---
,~:, ~ ---
ephen J. Smith (0001344)
/ M
SWORN to before me and subscribed in my presence this i ~ day of December, 2002.
JOHN COREY COLOMBO
Attorney at taw
Notary PobGc, State of Ohio
My Commission Nas No E~iratton
Section 147.03 R.C.
~' ~~
t ry Public
{ H0262460_ i ~
SCHOTTENSTEIN ZOX & DUNN
a legal professional associauan
EXHIBIT
STEPFIE~ f. S~1ITF1
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9
December 9, 2002
VIA CERTIFIIJD MAIL
Perm Township Clerk
712 Sawmill Road
Dublin, Ohio 43016
Re: Notice of Annexation Petition and Hearing
To Whom It May Concern:
FCC
Please take notice that petitioner, City of Dublin, is seeking the annexation of certain
temtory located in the Township of Perry, County of Franklin, State of Ohio, to the City of
Dublin. The petitioner filed an annexation petition in the office of the Franklin County
Development Department ("Development Department") on November 20, 2002. As indicated by
the notice provided by the Development Department, which was received by this office via
facsimile on December ~, 2002, a hearing has been set for February ~, 2003.
This notice is given pursuant to R.C. §709.03.
A copy of the notice from the Development Department and the petition itself are
included with this correspondence. The petition contains a full description of the territory sought
to be annexed, and other matters required by la~v, and is signed by a majority of the owners of
real estate in such territory.
Very truly yours.
~-~-e-~..Q.~.,
Stephen J. Smith
Agent for Petitioners
SJS/jcc
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Enclosures: Petition for annexation (,includes Map and Le<~al Description)
Notice from Development Department
~,~~>s~s>> ~ ;
,;
EXHIBIT
SCHOTTENSTEIN ZOX & DUNN
a legal Professional assaaatwn
9
VIA CERTIFIED >ti1AIL
Anne Clarke
Clerk of City Council
City of Dublin
X200 Emerald Parkway
Dublin, Ohio 43017
Re: Notice of Annexation Petition and Hearin;
Dear Anne:
STEPHEN I. S~.tITlI
51-1/16^_-?'_a~
E->f.-+.I l_ i~WTH~[t iZD COV
December 9, 2002
~g
1
Please take notice that petitioner, City of Dublin, is seeking the annexation of certain
territory located in the Township of Perry, County of Franklin, State of Ohio, to the City of
Dublin. The petitioner filed an annexation petition in the office of the Franklin County
Development Department ("Development Department") on November 20, 2002. As indicated by
the notice provided by the Development Department, which was received by this office via
facsimile on December 5, 2002, a hearing has been set for February 5, 2003.
This notice is given pursuant to R.C. §709.03.
A copy of the notice from the Development Department and the petition itself are
included with this correspondence. The petition contains a full description of the territory sought
to be annexed, and other matters required by law, and is signed by a majority of the owners of
real estate in such territory.
~~
Stephen J. Smith
Agent for Petitioners
Very truly yours,
SJS/jcc
~' ~ /~ <<-
Enclosures: Petition for annexation (includes tilap and Legal Description)
Notice from Development Department
~;402S2At.l ~
PROOF OF SERVICE
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
This is to certify that notice of the February 5, 2003 annexation hearing and a copy of the
annexation petition wherein it is prayed that 2.42 acres, more or less, in Perry Township be
annexed to the City of Dublin was served, via certified mail on December 9, 2002, upon the
Clerk of the Township of Perry (letter and return receipt attached as Exhibit A) and the Clerk of
Council of the City of Dublin (letter and return receipt attached as Exhibit B) in compliance with
R.C. § 709.03.
Respectfully submitted,
--~
,~ ~„
Stephen J. Smith (0001344)
-~7 TL--
SWORN to before me and subscribed in my presence this l ( day of December, 2002.
E-
JOHN COREY COLOMBO
rttorney at law
Nctarr Public, State of Ohio
My Commission Has No Expiration
Section 141.03 R.C.
~ FI0263477. I I
SCHOTTENSTEIN ZOX 8c DUNN
a le~ol pro~ettional assotlation
MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Frank Ciarochi, Director of Development
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Asst. Law Director
J. Corey Colombo
DATE: October 7, 2002
RE: Ordinance Authorizing the Petition for Annexation of 2.42 acres
Ordinance 126-02
The City of Dublin has acquired a parcel of land, Parcel No. 212-000114, located on the
southwest corner of the intersection of State Route 257 (Riverside Drive) and Tuller Road. This
City-owned parcel is currently within the jurisdiction of Perry Township. The intersection itself
and surrounding roadway is part of a "pocket" of land, which is located in Perry Township, and
is surrounded by the Dublin corporation line to the north, east, and south. For that reason, the
Dublin Police Department and other Dublin officials have expressed the desire to annex this
"pocket" of land into the City of Dublin in order to provide consistent and efficient police and
emergency services.
In order to annex this land, the City will need to file an annexation petition with the
Franklin County Commissioners. In total, the City-owned parcel, the intersection and nearby
roadway encompasses 2.42 acres. The Law Department intends to annex the land pursuant to the
"majority" owner procedure. This procedure, unlike other expedited options under the "new"
annexation law, will allow for future boundary adjustments, whereby the City can petition to
have the land removed from Perry Township and placed into Washington Township.
The "majority" owner method under the "new" law is similar to the "majority" owner
method under the "old" law with slight procedural differences. For example, under the "new"
law, the City as petitioner will be required to provide notice to all adjacent landowners. In this
instance, the land under consideration for annexation is adjacent to land owned by Thomas
Family LP, Allan K. Vrable, Invictus Land LLC, and BVH Associates LLC. This office did not
include BVH Associates* on the petition as BVH Associates has expressed the desire in the
recent past to remain in Perry Township. Accordingly, if the annexation is approved by the
Franklin County Commissioners, BVH Associates will remain in Perry "Township and be entirely
.vw.SZD.com surrounded by the City of Dublin.
co~umb~s As always, please contact this office if you have any questions or wish to further discuss
aeve~and this matter.
Cincinnati
# The veterinary hospital located on the northeast corner of Riverside Drive and Tuller Road.
~ HO?771513 I
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RECORD OF ORDINANC
EXHIBIT
Ordinance No. __ 126-02 Passed _ _ __ _ - -
AN ORDINANCE AUTHORIZING THE PETITION FOR
ANNEXATION OF 2.42 ACRES, MORE: OR LESS, LOCATED AT
THE INTERSECTION OF STATE ROUTE 257 (RIVERSIDE
DRIVE) AND TULLER ROAD AND TIIE PARCEL SOUTHWEST
OF THE INTERSECTION, LOCATED IN PERRY TOWNSHIP,
FRANKLIN COUNTY, TO THE CITY OF DUBLIN; AND
REPEALING ORDINANCE NOS. 80-01 AND 81-01.
WHEREAS, the City of Dublin has determined that there is the necessity to annex the
intersection of State Route 2S7 (Riverside Drive) and Tuller Road ("roadway"), and the parcel
located southwest of the intersection (collectively the "subject property"), consisting of 2.42
acres, more or less, into the City; and
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WHEREAS, the subject property to be annexed, as depicted in Exhibit "A" and described in
Exhibit "B", is comprised of a parcel of land that is owned by the City of Dublin and
adjacent roadway; and
WHEREAS, the annexation of the subject property must be initiated by petition to the
Franklin County Board of Commissioners pursuant to Ohio Revised Code Chapter 709, as
recently changed by Senate Bill S; and
WHEREAS, this annexation procedure mandates that a majority of landowners of the subject
property to sign the petition under the current Ohio law, thereby requiring an authorized City
official to sign the petition; and
WHEREAS, pursuant to Ohio Revised Code §709.02 (E), a person with any ownership
interest in any street or highway right-of--way (i.e. roadway owner) is not included within the
definition of "owner" for annexation purposes, and thereby those with ownership interests in
the roadway are not required to sign the annexation petition; and
WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 80-01 and 81-01 due to recent
changes in the annexation law and because revisions have been made by the surveying
company to the plat map and legal description; and
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin, State of
Ohio, ~ of the elected members concurring that:
Section 1 Council considers it necessary to annex the subject property to the City of
Dublin in order to provide consistent and efficient police and emergency services.
SPntinn ? Council authorizes the City Manager to sign, and the City Law Director to file,
a petition on behalf of the City for the annexation of 2.42 acres, more or less, located at the
intersection of State Route 2S7 (Riverside Drive) and Tuller Road, and the parcel located
southwest of the intersection, pursuant to O.R.C. §709.02.
Section ~ This Ordinance shall take effect and be in force from and after the earliest
date permitted by law.
Passed this vZ ~S~ day of Q L~~D ,6 t~/~~ , 2002.
r -Presiding Officer
ATTEST:
Clerk of Council
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