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HomeMy WebLinkAbout05-06 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank,lnc. Form No. 30043 Ordinance No. ~~-~~ Passed . 20 AN ORDINANCE TO ACCEPT AN ANNEXATION OF 71.3 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN (LIGGETT AND BUCK -CASE NO. OS-120 ANNEX). WHEREAS, on November 15, 2005, the Franklin County Commissioners approved the expedited type II annexation petition for 71.3 acres, more or less, from Washington Township, Franklin County to the City of Dublin, as filed on October 4, 2005 by Harrison W. Smith, Jr., Agent for Petitioners Jay W. Liggett, 6315 Meaghan Drive, Dublin, Ohio 43016; Charles W. Buck, 5595 Brickstone Place, Hilliard, Ohio 43026; and Steven A. Buck, 5176 Cosgray Road, Amlin, Ohio 43002; 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 71.3 acres, more or less, (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 oZ~ day of ~/' a. , 2006. Mayor -Presiding Officer Attest: ~ ~~~~ri Clerk of Council Sponsor: Land Use and Long Range Planning 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. ~uty Clerk of Council, Dublin, Ohio ANNEXATION 71.3+/- ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA MILITARY SURVEY NUMBER 6953, BEING ALL OF THE 28.10 ACRE TRACT CONVEYED AS TRACT I, THE 4.07 ACRE TRACT CONVEYED AS TRACT II, AND THE 32.44 ACRE TRACT CONVEYED AS TRACT III TO JAY W. LIGGETT, TRUSTEE (3/4 INTEREST) BY DEEDS OF RECORD IN INSTRUMENT NUMBERS 200101260016924 AND 200108090183754, AND TO MARIANNA AND CHARLES W., CO-TRUSTEES AND CHARLES WILLIAM AND STEVEN A. BUCK, ALTERNATE SUCCESSOR TRUSTEES (1-4 INTEREST), PART OF THE 120.07 ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF COSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, IN A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 27-00, AND RECORDED IN INSTRUMENT NUMBER 200004270082022, AT A COMMON CORNER OF THE 32.488 ACRE TRACT CONVEYED TO EDWARDS GOLF COMMUNITIES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200009290198493 AND THE 0.162 ACRE TRACT CONVEYED AS PARCEL 2 TO JAY W. LIGGETT, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200102220035905; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 684 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE, TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 2360 FEET, ACROSS SAID COSGRAY ROAD, WITH THE SOUTHERLY LINE OF SAID 28.10 ACRE TRACT, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO THE SOUTHWESTERLY CORNER OF SAID 28.10 ACRE TRACT, BEING IN THE LINE COMMON TO SAID SURVEY NUMBER 6953 AND VIRGINIA MILITARY SURVEY NUMBER 14150-14400; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1292 FEET, WITH THE WESTERLY LINES OF SAID 28.10 AND 4.07 ACRE TRACTS, AND SAID SURVEY LINE, TO THE NORTHWESTERLY CORNER OF SAID 4.07 ACRE TRACT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 2304 FEET, WITH THE NORTHERLY LINES OF SAID 4.07 AND 32.44 ACRE TRACTS, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1254 FEET, WITH SAID WESTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE NORTHWESTERLY, A DISTANCE OF APPROXIMATELY 87 FEET, CONTINUING WITH SAID WESTERLY RIGHT-OF-WAY LINE, AND PARTLY WITH THE EXISTING CITY OF DUBLIN ANNEXATION 71.3+/- ACRES -2- CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 105-98, AND RECORDED IN INSTRUMENT NUMBER 199906160153555, TO A POINT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 61 FEET, ACROSS SAID COSGRAY ROAD, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE THEREOF, BEING A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 62-02, AND RECORDED IN INSTRUMENT NUMBER 200205290131857; THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 79 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, AND ACROSS SHIER-RINGS ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (62-02), TO A POINT; THENCE SOUTHERLY, A DISTANCE OF 1848 FEET, ACROSS SAID SHIER-RINGS ROAD, AND WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 71.3 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON & TILTON, INC. ,,,,.,~~~~~~.,,,,. J S M. PEARSALL DATA PE~RSALL REGISTERED SURVEYOR NO. 7840 - - ~ X40 .~ ~ J JMP:tnw/Aug05 F `'^~ONAL S`~^~ 71_3 ac annex 51346.doc ~~'`~,,~ ~,.~'~ ` PROPOSED ANNEXA T/ON OF 71.3E ACRES TD THE C/ TY OF DUEL/N FROM WASH/NGTON TOWNSHIP, FRANKLIN COUNTY, OHIO I//RG/NlA M/Ll TAR Y SURVEY No. 6953 TOWNSH/P OF W,4 SH/NG TON, FRANKL/N COUNTY, OH/O "'-- sve:wd/ory De~v/gomsnf Pl0 ?72-0'00083 Exhth~Gty of ~'F~ Life dry o/ Dub/b, Lrilo 6Yid /1RS-9B P/D ?74-A71CYaB LN. 1 80/d,T855 6 sLbrMlarr Defdopme,r P/D 7?-000183 - -1^~~ Sirbs/dkxy DeMNOpment P/O 27?-000086 :1 ~~~-~ ~j Lsnare w. Rooae ,//k, PlD 272-OOtx55+~`1 Jahn T..A: ~ Anus B / Hetrick P/D ?72-0003 ~-~ ~ - ff~~ TodO J. Hemmer! dt ~6 / Denlse A Winner N `-`~- G Barry A. WooDs P/D 27?-000360 ~ _ ~vt r ~{ ' ~. Fneioa B. Nhlfms~ Trustee PlD ?7?-000154 ~ r At~IDIItXRIiON AJ1T8c DSCBIP170N AOC'ePTABL6 DEAN C. RQ~(iLE. P.E.. P.S. ('RANKL~P1 COUI~l'Y BNB By~prte a 3 AREA >D BF AhWEXED E.MTRJC aTY Gr< OYAI+CNV L7G10? t4vE /+exwase» aTr a~ atasxav afvP_ !awe Nofe.• Total psni»ster of onnsxotlon areo /s 9969 /set, of which 2068 fret ore contiguous with the City of DublM by Ordinance Numbers ?7--Oq 6?-0? and 105-98 gifting ?1X parRneter axtlgult~t 2304'! /~~~j ~~/ i~~//~ 71.31 Ac. /' /Ww Yar1r tro/ LMfes, /~ // /207 An / Ilpet y/~/ 2~ j/ ~'z1i amore (1.7/5f Atarss) ~f JaYj~~t~t0 ~~~ /s /// R ChOM' M' ~A. BYUk '~' r.~- 2360't Asaoclotlon P/D ?7h000660 fxhth~C7Y of DuDMr Lhe L/L ~ 80131857 1' 79 t ~ ~~ E ~ Rl ~ ... DAD • • ~ sre Assoelotkn ~ , .~ P!D 27?-ooolse .l} Edevord~ Co/1 GornmunR/ea LLC 32.}88 Ae. 1. N. 2000D829019b493 P/D 274-0'00.700 Jay W. U88etl, troetee ~ Parcd 2 ~ 0781 Aa ,N. 20010??20DJ5905 PlD 27hG00286 Mafgorct .L LlBgetL TNatee Jay IK UBgett. ~ ?74-000309 7rvatss ~~ 000306 ~ Edwwds Golf Common/tbs LLC 1 ' P/D ?74-000344 lei ~ Dodd Noword Geose I P!O 27?-0000!9 a a ` , O EJdrti,8 pry oI OaWM OaP. Lhe pd X677-00 i l.N. 7 0 1 0 81022 OCT 0 3 2005 Franklin County Engineer peen C. Ringle, P.E.,PS. ,\\II 400• tioo' . CRAPH/C 5~4LE (lN fFET~ . LOCp T/ON MAP NOi TD SCACE / \ =L Office of the City Manager CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manage~a..,..~._ ~5 • ~- Date: February 15, 2006 Initiated By: Daniel D. Bird, FAICP Director of Land Use and Long Range Planning ,~~1,~~ Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range Planning Re: Ordinance 5-06 - An Ordinance to Accept an Annexation of 71.3 Acres, More or Less, in Washington Township, Franklin County to the City of Dublin (Liggett and Buck-Case 05-120Annez) Summary This proposed annexation is for 71.3 acres, including 67.71 acres of farm land and 3.59 acres of right-of--way. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide resolutions stating what services the municipality will provide and 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 67-OS and 68-OS were passed by City Council on October 17, 2005. 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 71.3 acres. This hearing took place on November 15, 2005 and the Commissioners passed Resolution 904-OS which approved the annexation. A copy of the resolution is attached. Per Ohio Revised Code, the City shall accept or reject the annexation petition by ordinance or resolution at City Council's first regular meeting sixty days after the City Clerk receives record of the county resolution. If approved, Ordinance OS-06 will be in effect and the property will be incorporated into the City of Dublin after 30 days. 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 Ordinance OS-06 accepting the annexation of 71.3 acres, more or less, in Washington Township, Franklin County to the City of Dublin. Office of the City Manager CITY OF DUBLIlV_ 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manager~~~-~- ~~ ~ Date: February 1, 2006 /~~ Initiated By: Daniel D. Bird, FAICP Director of Land Use and Long Range Planning~~'~~„` Gary P. Gunderman, AICP Assistant Director of band Use and Long~~~~l~ Planning Re: Ordinance 05-06 - An Ordinance to accept an annexation of 71.3 acres, more or less, in Washington Township, Franklin County to the City of Dublin (Liggett and Buck - Case OS-120Annex) Summary This proposed annexation is for 71.3 acres, including 67.71 acres of farm land and 3.59 acres of right-of--way. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide resolutions stating what services the municipality will provide and 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 67-OS and 68-OS were passed by City Council on October 17, 2005. 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 71.3 acres. This hearing took place on November 15, 2005 and the Commissioners passed Resolution 904-OS which approved the annexation. A copy of the resolution is attached. 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 OS-06 will allow the annexation petition to be accepted or rejected within that time, as the second reading will be at the February 21, 2006 Council meeting. After the required thirty days, Ordinance OS-06 will be in effect and the property will be incorporated into 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. Staff recommends approval of Ordinance OS-06 accepting the annexation of 71.3 acres, more or less, in Washington Township, Franklin County to the City of Dublin. CITY OF DUBLIN.. Du61in Gtr Council 5200 Emerald Parkway "°41in, Oha 43017-1006 P /TDD:614-410-4400 Fax: 614-761-6590 Web Site: www.dublin.oh.us Mayor Marilee Chinnici-Zuercher Wce Mayor Timothy A. lecklider Cathy A. Baring Michael H. Keenan Thomas M. McCash John G. Reiner Amy J. Salay Clerk of Council Anne (. Clarke November 30, 2005 Tammy Noble Franklin County Development Department 280 E. Broad Street, Room 202 Columbus, OH 43215-6304 RE: 71.3+-acre Expedited Type 2 annexation petition from Washington Township to the City of Dublin (Petitioners: Jay W. Liggett, et al.) Dear Ms. Noble: On November 30, 2005 we received the transcript of the County Commissioners' hearing regarding the above-referenced annexation. Per state statute, following the expiration of 60 days, this annexation will be scheduled for first reading at Dublin City Council on Monday, February 6, 2006. Please contact me if you need additional information. Sincerely, Anne C. Clarke Clerk of Council c: Jackson B. Reynolds, III, Agent for Petitioners Gary Gunderman, Asst. Planning Director, City of Dublin Barb Cox, Asst. Director of Engineering, City of Dublin J. Corey Colombo, Asst. Law Director, City of Dublin November 15, 2005 RESOLUTION NUMBER 904-05 REVIEW OF PETITION TO ANNEX 71.3 +/- ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY JAY LIGGETT, AND CHARLES AND STEVEN BUCK. CASE #ANX-EXP2-38-OS WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that Jay Liggett, Charles Buck, and Steven Buck filed on October 4, 2005 and solicited to and/or been heard by all persons in support of or against the granting of the Expedited 2 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 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 shares 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 ordinances # 67-05, passed on October 17, 2005, by the City of Dublin Council. Therefore, upon the motion of Commissioner Brooks seconded by Commissioner Stokes BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, 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: :, ,~ MARY J ROY, PRE ENT ' ~. `2l/ ~r DEWEY R. TOKES P ULA BROOKS BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: MARY JO KILROY, PRESIDENT 3 ti ~,- ~.~ /r,~,~;w~... ~ehy 1 1~ ~~`~ EWEY R. STOKES i°,! :r"-` ca .~ ~ i.saO..~~./r^{s~z~,F~/ ~ ~v//////~''~f1U~~(/'3J'~//(} (l ~.- ~ Y IVY /LM~~~~V -+ PAULA BROOKS ER ---------~ ,.. r~ BOARD OF COUNTY COMMISSIONERS FRAIVI~LIN COUNTY, OHIO TJN c: Journal Development Department 1 SMITH sc HALE HARRISON W. SMITH, JR. BEN W. HALE, JR. ATTORNEYS AND COUNSELORS AT LAW JEFFREY L. BROWN 37 WEST BROAD STREET GLEN A. DUGGER JACKSON B. REYNOLDS, 111 COLUMBUS, OHIO 43 Z 15-4199 NICHOLAS C. CAVALARIS DAVID L. HODGE 6 1 4/ 2 2 1- 4 2 5 5 AARON L. UNDERHILL October 18, 2005 The Franklin County Board of County Commissioners c/o Franklin County Development Department 280 East Broad Street, Room 202 Columbus, OH 43215 RE: 71.3 ± acre annexation to the City of Dublin -filing materials Dear Commissioners: HARRISON W. SMITH 1900-1978 I, on behalf of the petitioners, for the annexation of 71.3 ± acres from Washington Township to the City of Dublin I hereby file the following documents in accordance with Section 709.023 of the Ohio Revised Code: 1. Affidavit of Filing Petition with Township Clerk(s) 2. Affidavit of Filing Petition with Council Clerk 3. Affidavit of Notice to Surrounding Property Owners 4. Service Resolution # 67-OS from the Dublin City Council It should be noted that the Service Resolution was filed with the Board of County Commissioners by the 20th day after the filing of the annexation petition with your office thereby meeting the timing requirements of Section 709.023 of the Ohio Revised Code. I look forward to meeting with the Commissioners to review the submitted documents for the annexation to the City of Dublin as required under Section 709.023(E). If you have any questions please give me a call. ery ruiy ours, ~` Ickson B. Reynolds, JBR%j th Enclosure F:docs\s&hannex\2005\edwards-liggett-fcddanx.ltr (10/18/05) jth AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION WITH MUNICIPAL COUNCIL CLERK STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 71.3 ± acres, more or less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 4"` day of October, 2005. A copy of the Annexation Petition, map and legal description was served personally on the Council Clerk of Dublin on 4th day of October, 2005 by the affiant. Said personal service on the Dublin Council Clerk was done within five (5) days of the filing the Annexation Petition with the Franklin County Board of County Commissioners according to Ohio Revised Code Section 709.023. Further Affiant Sayeth Naught. r Sworn to b me and sign 'n n rese ce; a Notary P blic in and for said State and County on this --~~ day of , 20~. JENNIFER T. HUETTE Notary PubNo, State of Ohio My Commission Expires 04-25-09 F:docs\s&hannex\2005\edwards-Liggett-anxpet-mun.aff (10/18/05) jth ~~~ ° ~r~l NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clarke, Council Clerk City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 4th day of October, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 71.3 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: l ~ ~~ ~ l ~ ~ Harrison W. Smith, Jr. ~~ Agent for Petitioners RECEIPT OF THE AFORMENTIONED D CUMENT(S) IS HEREBY ACKN~QWLEDGED THIS ~'~ day of Q~fi~ ~~. Y , 20 Ou CLERK' S OFFICE F:docs\s&hannex\2005\clarke-liggett.not (10/3/05) jth AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION WITH TOWNSHIP CLERK STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 71.3 ± acres, more or less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 4m day of October, 2005. A copy of the Annexation Petition, map and legal description was served personally on the Township Clerk of Washington Township on 4th day of October, 2005 by the affiant. Said personal service on the Washington Township Clerk was done within five (5) days of the filing the Annexation Petition with the Franklin County Board of County Commissioners according to Ohio Revised Code Section 709.023. Further Affiant Sayeth Naught. ~ ////ee ame ~iClGy vt l ~101~/~ ySworn to b~f ~e any sign 'n pres nce; a Notary Pyblic in and for said State and Count on this da of ~ ~ , 20 „~...... so~pR1AL S°•• S ~,s i z• s „~~ OF p~~p JENNIFER T. HUETTE Notary PuDNc State of Ohio My Commission ~res 0425-09 F:docs\s&hannex\2005\edwards-liggett-anxpet-twp.aff (10/18/15) jth ~wr ~ ~ `l~ lL NOTICE OF FILING OF ANNEXATION PETITION TO: Joyce Robinson, Township Clerk Washington Township 5965 Wilcox Place, Suite B Dublin, Ohio 43016 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 4"' day of October, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 71.3 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: ~~l 6 ~~ arrison W. Smith, Jr. J~'~ Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~ ~~ day of ~ 0 6~~- , 20 b5~ CLE FICE F:docs~.s&hannex~2005~robinson-liggett.not (10/3/05) jth AFFIDAVIT OF NOTICE TO SURROUNDING PROPERTY OF FILING OF ANNEXATION PETITION STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 71.3 acres, more or less, in Washington Township to be annexed to City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 4th day of October, 2005. A copy of the Annexation Petition, map and legal description was mailed by First Class U.S. Mail on 4th day of October, 2005 to each of the surrounding property owners shown on the attached sheet within five (5) days of the filing of the Annexation Petition as required in Section 709.023 of the Ohio Revised Code. Further Affiant Sayeth Naught. ySworn to me any si y res nce; a Notarblic in and for said State and Count on this ~ da of , 20 •~PFtiAI S+• ~° ~ ~ ,fENNIFER T. HUETTE } ~ My C~miss on'E~es 04-25.09 ~~TgTF Q F O~:"Of ; F:docs\s&hannex\2005\edwards-Liggett-anxpet-prop.aff (10/18/05) jth HARRISON W. SMITH, JR. BEN W. HALE, JR. JEFFREY L. BROWN GLEN A. DUGGER JACKSON B. REYNOLDS, III NICHOLAS C. CAVALARIS DAVID L. HODGE AARON L. UNDERHILL October 4, 2005 The Board of County Commissioners of Franklin County c/o Franklin County Development Department 280 East Broad Street, Room 202 Columbus, Ohio 43215 RE: 71.3 ± acres Annexation Petition from Washington Township to the City of Dublin Dear Commissioners: I am filing a petition for annexation of 71.3 ± acres from Washington Township to the City of Dublin on behalf of Jay W. Liggett, et al. on October 4, 2005. I, on behalf of the petitioners, am requesting consideration of the annexation petition under Section 709.023 of the Ohio Revised Code, or as more commonly known, Expedited Type 2. There is 100% signature rate of property owners and all the requirements under the applicable sections of the Ohio Revised Code have been or will be satisfied by the dates required under the new law. I will forward to the Clerk the necessary documentation prior to your review and should there be any questions prior to our scheduled meeting, please give me a call. JBR/jth SMITH Sc HALE ATTORNEYS AND COUNSELORS AT LAW 37 WEST BROAD STREET COLUMBUS, OHIO 43215-4199 HARRISON W. SMITH 1900-19 7 8 V ~ ~ ~ 1.7 NOV 3 0 2.005 CLERit Of COUhCiI CITY Of CUBUN _,,. 614/221-4255 V t my ours, kson B. Reynolds I F:docs\s&hannex\2005\board-liggett.ltr (10/3/05) jth EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023) TO THE City of Dublin OF 71.3 IN THE TOWNSHIP(S) OF ACRES MORE OR LESS Washington TO THE BOARD OF COUNTY COMMISSIONERS OF Franklin COUNTY, OHIO: C ~ i /~%S' ~. The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 71 ~ acres with a total perimeter boundary of 9.969 ;more or less, in the Township(s) of washington which area is contiguous along 2068' or 21 % 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 and that no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. In support of said Petition, your petitioners state that there is/are within the territory so prayed to be annexed three(3) OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), 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 the Petition and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County 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 THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS _~ y~ p ,~, ~ J W. Ligget ,d rustee L -._ Steven A. Buck, Trustee ~_r._.~ `~--~ s Charles Buck, Trustee ~ ~G G35' ~ ~yG~ ~~C.1/~//.jG y C~ '~~tir C3~ Page of ANNEXATION 71.3+/- ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA MILITARY SURVEY NUMBER 6953, BEING ALL OF THE 28.10 ACRE TRACT CONVEYED AS TRACT I, THE 4.07 ACRE TRACT CONVEYED AS TRACT II, AND THE 32.44 ACRE TRACT CONVEYED AS TRACT III TO JAY W. LIGGETT, TRUSTEE (3/4 INTEREST) BY DEEDS OF RECORD IN INSTRUMENT NUMBERS 200101260016924 AND 200108090183754, AND TO MARIANNA AND CHARLES W., CO-TRUSTEES AND CHARLES WILLIAM AND STEVEN A. BUCK, ALTERNATE SUCCESSOR TRUSTEES (1-4 INTEREST), PART OF THE 120.07 ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF COSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, IN A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 27-00, AND RECORDED IN INSTRUMENT NUMBER 200004270082022, AT A COMMON CORNER OF THE 32.488 ACRE TRACT CONVEYED TO EDWARDS GOLF COMMUNITIES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200009290198493 AND THE 0.162 ACRE TRACT CONVEYED AS PARCEL 2 TO JAY W. LIGGETT, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200102220035905; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 684 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE, TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 2360 FEET, ACROSS SAID COSGRAY ROAD, WITH THE SOUTHERLY LINE OF SAID 28.10 ACRE TRACT, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO THE SOUTHWESTERLY CORNER OF SAID 28.10 ACRE TRACT, BEING IN THE LINE COMMON TO SAID SURVEY NUMBER 6953 AND VIRGINIA MILITARY SURVEY NUMBER 14150-14400; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1292 FEET, WITH THE WESTERLY LINES OF SAID 28.10 AND 4.07 ACRE TRACTS, AND SAID SURVEY LINE, TO THE NORTHWESTERLY CORNER OF SAID 4.07 ACRE TRACT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 2304 FEET, WITH THE NORTHERLY LINES OF SAID 4.07 AND 32.44 ACRE TRACTS, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1254 FEET, WITH SAID WESTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE NORTHWESTERLY, A DISTANCE OF APPROXIMATELY 87 FEET, CONTINUING WITH SAID WESTERLY RIGHT-OF-WAY LINE, AND PARTLY WITH THE EXISTING CITY OF DUBLIN ANNEXATION 71.3+/- ACRES -2- CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 105-98, AND RECORDED IN INSTRUMENT NUMBER 199906160153555, TO A POINT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 61 FEET, ACROSS SAID COSGRAY ROAD, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE THEREOF, BEING A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 62-02, AND RECORDED IN INSTRUMENT NUMBER 200205290131857; THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 79 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, AND ACROSS SHIER-RINGS ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (62-02), TO A POINT; THENCE SOUTHERLY, A DISTANCE OF 1848 FEET, ACROSS SAID SHIER-RINGS ROAD, AND WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 71.3 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON & TILTON, INC. ,+,,~„~~~~.,,~,.~ .~ ~ JA S M. PEARSALL DATA r`~ PEF,f~S~LL REGISTERED SURVEYOR NO. 7840 - 740 ~ ~ JMP:tnw/Aug05 ; ~ G Lns'' • .... • • ~",~ 71_3 ac annex 51346.doc ''~,~ ~4NAL S `\.1`'\~~ PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER Jay W Liggett Charles W. Buck Steven A. Buck 6315 Meaghan Drive 5595 Brickstone Place 5175 Cosgray Road Dublin, OH 43016 Hilliard, OH 43026 Amilin, OH 43002 272-000174 272-000174 272-000174 SURROUNDING PROPERTY OWNERS David H Gease Edwards Golf Communities J W Liggett Jr 5713 Cosgray Road 495 S. High Street. Suite 150 6315 Meaghan Drive Dublin, OH 43016 Columbus, OH 43215 Dublin, OH 43016 272-000019 274-000334 274-000306 Margarett J Liggett TR J W Liggett Jr The Edwards Company 6315 Meaghan Drive 6315 Meaghan Drive Attn: Charlie Driscoll Dublin, OH 43016 Dublin, OH 43016 495 S. High Street, Suite 150 Columbus, OH 43215 274-000309 274-000296 274-000300 Rtephen M Kelly TR SR Associates City of Dublin o Dennis Thiergartner 6724 Perimeter Loop Road, Ste. 201 5200 Emerald Parkway 801 Chatterfield Drive Dublin, OH 43017 Dublin, OH 43017-1066 Dublin, OH 43017 272-000166 274-000660 274-001008 Lenore W Roose Subsidiary Development Corp. John R Jr & Anne B Hetrick 5830 Houchard Road c/o Denise Thompson Jewette 4013 Deer Lake Way Dublin, OH 43016 5987 Cosgray Road Columbus, OH 43204 Dublin, OH 43016 272-000557 272-000086 272-000558 Todd J Hemmert & Barry A Woods Freda Whitmer Denise A Winner $822 Houchard Road 8500 Carters Mill Road 5824 Houchard Road Dublin, OH 43016 Plain City, OH 43064 Dublin, OH 43016 272-000559 272-000560 272-000154 F:Docs/s&hlabels/2005/edwards-1 iggett.lbl (10/3/OS-ncp) Illilllllll Illllilllilllilllllll II~~IIIIII I Hatt 200003170052489 03l17l2000 Papac:6 FM :j30.00 11 :00fN1 Riohard B. M~lealf 720000035204 FranNl In County Rocord~r MLJL HRNEY MEMORANDUM OF TRUST This Memorandum pertains to the BUCK FAMILY TRUST AGREEMENT II and is prepared in accordance with Revised Code Section 5301.255. GRANTOR OF TRUST: Marianna B. Buck 5595 Brickstone Place Hilliard, Ohio 43026 CO-TRUSTEES OF TRUST: Marianna B. Buck and Charles W. Buck (') 5595 Brickstone Place Hilliard, Ohio 43026 ALTERNATE TRUSTEE: Charles W. Buck 5595 Brickstone Place Hilliard, Ohio 43026 ALTERNATE SUCCESSOR Charles William Buck TRUSTEES: 4814 Cantervrood Court Hilliard, Ohio 43026 Steven A. Buck 5175 Cosgray Road Amlin, Ohio 43002 DATE OF EXECUTION OF TRUST: January 4, 2000 NOTE: (*) Trustees are authorized to act independent of each other and with full authority. REAL ESTATE OWNED BY TRUST AND TITLED TO TRUSTEE: PARCEL 1 Situated in the State of Ohio, County of Franklin and Township of Washington: Being an undivided one-half interest Tract I, as described in Exhibit "A" attached hereto. Auditor's Parcel No. 272- I Sb Being an undivided one-quarter interest in Tract 2, Tract 3 and Te~ct 4, as described in Exhibit "A" attached hereto. Auditor's Parcel No. 272-103, 272-104 and 272-174 Recorded in Volume: 2 ~ 3 / 7 Qo~a ~~ POWERS OF TRUSTEE RELATIVE TO REAL ESTATE: The unrecorded Trust Agreement contains the following specific provisions relating to the acquisition, sale or encumbering of real property by the Trustee or the conveyance of real property by the Trustee: ARTICLE I. DURING THE LIFETIME OF THE GRANTOR The Grantor or arty other persons shall have the right ad power to assign, and distributed as part of the trust estate and subject to all the terms and conditions thereof transfer and deliver additional real and personal property to the Trustee or by Wilt to devise and bequeath additional real and personal property to the Trustee, to be held, managed, invested. ARTICLE IL AUTHORITY FOR THE TRUSTEE To sell at public or private sale, to gn;nt options to sell, to exchange, re-exchange or otherwise dispose of all or part of the property, real or personal, at any time belonging to the trial estate, upon such terms and conditions and for such considerations as said Trustee shall determine, and to execute and deliver all instruments of sale or conveyance necessary or desirable therefor. To invest any money in the trust estate in stocks, bonds, investment trusts, common trust funds and any other securities or property, real or personal, secured or unsecured, whether the obligations of individuals, corporations, trusts, associations, govemrnents, or otherwise, either within or outside the State of Ohio, as the Trustee shall deem advisable, without any limitation whatsoever as to the character of investment under any statute or rue of law now or hereafter enacted or existing regarding trust funds or investments by fiduciaries or otherwise. To make leases for any length of time whether longer or shorter than the duration of the trust herein, to commence at the present time or in the future; to extend any lease; or to grant options to lease or to renew any lease. To manage, improve, protect, exchange, mortgage, partition, contract to sell and sell on any reasonable term, convey with or without covenants or warranty, dedicate for public purposes, subdivide, or vacate for subdivision, make party wall contracts and agreements, grant easements or changes of kind, construct, remodel, after, repair, and maintain buildings, upon any real estate which may at any time be part of the trust estate. To sell, mortgage, or lease any real or personal property on any terms or conditions, and whether or not for a period beyond the duration of the trust, in whole or in part, at public or private sale, without approval of any court, and without liability upon any person dealing with the Trustee to see to the application of any or other property transferred to her, to exchange property for other property; to invest and reinvest in securities or property although of a kind or in an amount which ordinarily would not be considered suitable for a trust investment, intending hereby to authorize said Trustee to act in such manner as he should believe to be for the best interest of the trust funds. IlY WITNESS WHEREOF, Marianna B. Buck, Grantor and Trustee and Charles W. Buck, Trustee have executed this instrument on this ~~-`a y of /~l~,eesf , 2000. Signed And Acknowledged In The Presence OE ~~~w: ~J ~~~~ ` C:r ~- M 'anna B. Buck Grantor ~ r ~JOrTN L, `~~~~ . M 'anna B.~~Buck, Trustee Charles W. Buck, Trustee STATE OF OHIO COUNTY OF FRANKLIN, SS: Be it remembered that on this ~ day of 2000, before me, a notary public in and for said County and State, personally appeared Marianna B. Buck and Charles W. Buck, who acknowledged the signing of the foregoing Memorandum to be their free and voluntary act. NO P ~~ Lee Heney, .. Attorwy a;-taR ,.~i TIQS INSTRUMENT PREPARED BY JOHN L. HANEY, JR. 3544 MAIN STREET HII.LIARD, OffiO 43026 Being an undivided one-half interest in the followin 'rrr~c•r 1. sx1uF31T n i l~ 37 C 1 1 5ituat~d iu Ute Cvunty oC Pronklin, State of Ohio, Holt Township of lYoshington, ;utd boon<led and described as follows: tieing Lut No. 4 of an nmicnble partition made ntaong the Itcirs of Elnrnet Cosbrny, ~trrcoastrd, it t,eing a port of Survey No. 6953 Virglnin Alililary llislrict, tlnshington 'I'uronshi(~, Pr,+uitliu County, Uhio. licgiunin(; at n sluue nt the inierscctivtt of the center lines oC tlta Uublin nntl Union Cvuut)- Frye 'i'urupike and the frizzcll Rvnd; thence with the center 1(nc of snid Fri:..cll rout! N. 84° G, 2239:80 feet to a stone in the cost line of snit! Survey; tln,t+cc_with the cost !fete of said survey ~! 5° h', 638,2? feet to a slvne in the soutlt- trtst earner of Lut Nv. 3 'o[ his partition; thence with the S. line of said Lut Nn. ~ S. S~I' t1'. 3Udl ft, tv n stvnc itt the ccuter of the llubiin and Union Cunuly Prue 'L'urn(~ike; the•ttce witlt the center of snid Tunzpike S. 6° E, G3U.4U feet to the (~ku•c of bel;iuuing, cuntniitiug 32. G5 '!'bitty-ltro untl six!}•-five lnuulredtlts ttt:res aC '.,~qtl. 2urecl Y#i-000150, .. ~7~- 5;n•e ant! liecupt the I~ullowing: FIRS'!' F:\C;I:!•'1'IUN: Flci:ij; Nai•1.'uf mil'\o, 4 of the Autlcable Partition oC tltc llarncl Cusgtay lands in St't"~~!' ~u. 02151, Virginia Military-Lands and befog one Here vat o[ the nurtht,est . ro:•tn•r of ;t J2.05 acre tract owned by Anna 1:. tS'oeruer and shown oC recurtl in ;~' 1)rt''( is"uk ~•IG. pal;c X119, Recorder's UfCicc, Ernuklin Cututty, Uhiu, and bcinl; j ~ r.:ur•• (:artit:ularly described as follows: .. •'} r ~" litrt~innintl at tltc nvrtlnrest t:orncr of the above mentioned 32.65 acre tract, trht~•h ~. is lur:rtetl in the center line of the Cosgtny !toad, thence with the t:urlh line a[ the r'' sui:l 12.01, acre tenet and the north line of Lvl Nv. 4, Nvrtlt 94° E. YU4 feet to un u•un (,i(,c (passing an iruu pipe ut 22.5 feet); thence on a line parallel to the t:urth litre Sottth g4° 1Y. 2UU feet to the center line of Cosgtny Itoatl (lmssitt(; tut • r• irua (pipe ut 1'i3 feel); thence with the center line of snid °oad. North G° h'. 213.9 ;, ..,'`'feet to thu place o[ beginning attd containing one acre, niore yr less. SI:CUt:ll IiSCL'1''1'IUN: lteiiib z pai•ticl o~l¢tid ies~t•ibcd it Public Itecord 07477106 in the Recortlcr's UCficc, cgnt•eycd to frnnk~tt Count} Caunuissivners, tv-wit: ])ring 1vc;U•:d in Virginia M1l(Iitnry Survey E953. nIsv being Port of that 32. G5 :tore tract un the north side of llberner temple Road ('fwp. ltd. 160) tts described in heed (look !57.3, F'nge 378 of the rccartls of snid count}•. nwrv particularly described tts follows: llcginninl; for t•eferencc nt n puiut in lCuct•ncr '1'etnpla 1{oac! ('['wp. Rtl. 1GU) being 30.00 ft:vt cost of the cenlcr(inc oC Cosgtny Itv:ul (Co. Rd. 39) un the (;raulur s southerly line. tl:e uvrhtcrl}' 1(ne of snit! Shuukuh 11, f;uoxukan:nti's. 13.1.75 Acre '!'tact, llced Uook 3650. Yngc 765, 'l'llli 'l'ItUI: PUIN'1' OF itF.CltiNING: 'thence with' the easterly margin of Cusgray Itvad (Cu. Rd. 39), N ;I°09'18"t'•', 3U,Ull fact to n point; Thence lettvhtit tlrc ensterly~ nuu•gin of Cot:(trnj• Ituad (Cu. till. 3P) and ct•ussing tTte groitttir's tract N' 8U°•12'20"E, 1650.,1 ft•ct to a point of tangency; 'Cht:nec with n curve to the right, having n radius uC ' 302.53 feet, n lunK churl v[ 134,80 feet. S 8G°2G'UI"ls, lu n paint un the cut•t•c: • 'l'ht:nct: witltlthc I;t•antor's svutht:rly line the northerly line of Shvukuh 13. F;uuze- '•" kanani's, 114.75 ,\cre 't'enet, Deed !look 3650, pu(;e 765 turd the centerline nC <<, '.:ur•t•nr;t• '1'cntple ltv:nl ('1'-•t(,. Rd. lGU) 5 8U~ 4'L"L0"1Y, [787. BU fret tt, 'Gill: '['ItU1i R Pp(N't' UI' l3L•'GINNN(NG, cvntuitting I.2U2 avre Wrote or less, tchich the (~tesent road occupies O.6U9 at~rs more or less: f" 'i'i~c Grautur reserves the tight of ingrCSS nod egress to oral trout the residual „rc;t,. 'Che nbuve description +vtts prepnretl by Uwen L3, lleu+icl, !te(islcrcd _Survt:yor Nu. •~ 0!•15, itt tlpril, lU85 from Iliglnvay Construction Plnus by the i'rnnklitt Cuutily .~ L•'uginecrin6 Uepartn+ant and is based on field surveys and existing records. TRACT 2- Being an Undivided one-Quarter (1/4) interest in the following property: Sihratcd in the 'Comity of t'rnnklin. in the State of Qhio aad in the 'f'otvnship ul' VCn,hint;tun• :uul buundecl ruts! dcStriL•cd us follows: 1lcing Lot dumber S:~ (G) us set ofC and.:tssigned to Elizut;elh Eioski• min the case of Flora A. >larshall vs. Joseph Corgray, r; a]:, No. 917G3 .a the Court of Comrson Pleas of Franklin County, Ohiu, being Lot \o, ° of the sub- divitiiun of ttte 11ume:aeud oC Joseph Cosgray, ducct+sed, bonndcd and described as Cullotex: Ifc•inl; a purl uC Surv~ ;:~t, 6953 \!irginia !,lilitary Lands, beginning nt a limcstonr in the txntcr of the Dutilirr xnd hnian County Frcc Yurnpike, forth hest corner oC Lot ;:o. 1 of the cubdisi~iun of the old hor.:estt•sd of ti+r. said Joseph Cesgr;t}•: thence v:ith said. pike \ot•th 6° •15' tV. 667. GU ft. to x lirtestonc in the Southeast corner cC Lot 3 of said subdivision; thence with the South lint of said Lot \o. 3.5outh 80° 37' l~. 2331.78 feet to a stake in tltc west lice of s;+id horrestcad, being•thc south zest corner of Lot \o. 3; thence with the wc~~t ~ line of said hand S. Utr' d0' F,xst 663.G1 feet to r: stake iu the north :vest ~' • corner of said Lot- ~o, i; thence wiih the nort6~ line cC Lot ;:o. 1,'%ht)° 37' E. •1•• ; ~' '-'1x''.77 ft, to the place of beginning, rind containinyr ''33,6 r,cres" c>:c:•pt 1.43 ~:•,. ~:,•, acres sotci by George Cosgray to the Toledo tt Ohio Centre( ituilrm~ct Con;pony. r •:. <.:> ~ fur a right oC way by deed dntec April 7. 1891, ;+nd recot•dcel in Recorder's J Uffic~• ~f Cranklin Co+;nty. Ohio, in b. B, 245, peg.: 587, and except 4.U7 acres =, 7. sulci :,y tC;Riam H. Gr;+ham, executor of the estate of George Cosgr,+}•, dc•ccaserl, • to ~tarthn .;. Gcarv, by deed duti•d Docembcr [7th, .1909, and rcc:orclcci in the • .. Itecurdcr's OfCicc, 1'rnnktin Cotutt}•, Ohio. in ll; l3. 497. pal;c u0, and leaving in paid .'urccl \'o. G, •'?8.10 acres -;ore or less. !acre; So, ?7^_-174• TRACT 3- Being an Undivided ;One-Quar=t:er ~(1/4) :interest in the following property: I)eing n tract oC l+ntd situated in the township. county cold st+Ye ;+foresaid nr.d bring. n,pnrl of Survey- \+o. G053 V,',I. Lur+t! and a part of Lot No. 2. assigned to George Cosgra•y, Sr., in the, subdivision o[ fhc Numcs;cod of ,Ios• p;t Cosgra}•, dcceasc•d. . . ' ttrginning ul Utc S,tt°. cornr:r nf.Lot tin. 1 of s:ri,! s;;hcli~•:n.u't: (!care I:nst ;c, •` the right-of-way of ta'r'"Colcrlu t. Ohio Central Itail ttuac! i'on1>nrty: thence Leith the •vest t>,nc of said right-ul'-wa}• South about ?;; rods to an :utglc in s;+id right-oC-wny; Ihenue.E;rst with quid t•ilrht-of-way about l; fc••t; thence Soutt+ tvilh the sums right-oC-way to the Yorth lir+c oC Lut Xu. 1 in lt+e ;;fnrca;Lid s•tb- divisiun of the llomestci+d of Joseph Cosgi•ny. dcrc:+scd; titenc•c it'est :with tiaicl `nrth line oC Lot No:.l to the' East line of John F:verSOic's hn:d: thence with ,said line Not•th to t:•te beginning: containing 4 I/ l5 acres of land. more nr Icxx, :utd me the same premises that h'illinm 11, Crahum, ns I_sccutor of the c~L•,tc of • George Cost,*ray, Sr., dece;tsed, con~•cycd l0 11;u•thn Gcxry by DCCd rf:+tecl ~. Duccr:+bcr 17th. 1SG9, ~• ~ -. R TRACT 4 - Being an Undivided One-Quarter (1/4) interest in the following property: i Situ:,tul in the Count}' u` f'rnaklin Sv~te oP Ohio nod Township of lt'::!iir:gton: licu;g .i lrcrt r;f 5urvev \o. 6J53 t•'.\(. 4and: beginning at a boulder stone in *he J. H, corner r,f the H.irac Fca•::r of Joseph Cosgruy, dcrcuscd• .end suh~c!l:idrd anion;; the heirs of sui: Joseph Cosgruy. deceased. anct in the ~'r:r:,rr of the i)rcblir. nnr! Grion County Prcc Pike; thenc•c with the renter of said !''!:c \. (i° •; 5' lti. ;13.0•t pile; w a limestone in said pike ;hc S.E. corner to :.c•I \u. :? of s;rid s:.b-clitaion; tr:cncc with the south line of sa9d Lot Vo. 3 ~• y~-° J?' t1'. 1.11.38 poles to ;i stake in the ttiesi tine of suict fr::r,; thence with the ttiost line thereof E,. 6°'dQ' E. 38.Oa pules to a boulder s;onc~ in the soc!hwrst corner ri sni~1 .lu,~ph Cosgray land and the ~, lY. corrcr irf Juhr. Crurrcr land; thenc•c with flee forth hne of s:.ir! Crurrcr land \, ii2^ 1;' E:.st 141.a•i ;+oles to the begirrniu>,~, rontainln;* 'f hirty-three :end ri; lU acr~:s of I:u'ul ur.d boiug the youth p:u t of .e trurL of !Ibz, acres of load eorn•c)•cc! to •losr;,tr t'ua!::r~: hp tYllli:rm 1.. Crn•c~• and others by dcecc. chrted .lone 10. !&aS. ;lw•~t•'; c•~~eptin~; and rr)servin~ from the foregoing desariFtioh ;:Il th:,t l,:,rt Itrretnturr convc~'ec! :rs a r:~ht-al'-way to the fuledo s Qlr.o Centr;~! It:cil Itond CnsG,an~•. t.cavint; 3^_.•1•t r~rrea. • } ~ ,' ~;. r • i. . 1 _` l CITY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 Memo To: Members of City Council t 1_ _ From: Jane S. Brautigam, City Manager ~.J~~-'-- 5 ~~1~'~^~"i'`~'°'~"'~ Date: October 12, 2005 ., Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer ( ~~ Daniel D. Bird, FAICP, Director of Land Use and Long Range P Gary P. Gunderman, AICP Assistant Director of Land Use and L Planning Summary Barbara A. Cox, P.E., Assistant Director ofEngineering - Development~j,,7-- Stephen J. Smith, Director of Law Re: Resolution No. 67-OS - A Resolution Adopting a Statement of Services for a Proposed Annexation of 71.3 acres, More or Less, from Washington Township, Franklin County, to the City of Dublin, Ohio. Resolution No. 68-OS - A Resolution Adopting A Statement Regarding Possible Incompatible Land Uses And Zoning Buffer for a Proposed Annexation Of 71.3 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. On October 4, 2005, attorney/agent Harrison W. Smith Jr. filed an annexation petition, on behalf of Petitioners Jay W. Liggett, and Steven A and Charles W. Buck with the Franklin County Commissioners. The petition is for 71.3 f acres of land, located on the west side of Cosgray Road 1167 feet south of Shier Rings Road in Washington Township, which is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited Two" annexation method. Under this process the City must first, within twenty days after the petition is filed, adopt an ordinance or resolution relating to municipal services. Second, within twenty days after the petition is filed, the City must adopt an ordinance or resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is currently subject to either county or township zoning. Resolutions Nos. 67-OS and 68-OS have been prepared for these purposes and for your consideration. Memo to Members of City until RE: Annexation of 71.3 +,- Acres -Liggett/Buck August 10, 2005 Page 2 of 3 The Franklin County Commissioners will grant the proposed annexation, without a hearing, if neither the municipality nor the township object to the annexation by ordinance or resolution within twenty-five days of the petition being filed. If neither the municipality nor the township object, the commissioners must grant the proposed annexation without a hearing, if certain criteria in R.C. 709.023 have been established. This proposed annexation is for 71.3 + acres including pieces of the right-of--way of Cosgray Road extended past the frontage of the annexation. Background ZONING and COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SR Suburban Residential District and R-SRR Semi-Rural Residential District, which allows agricultural and single-family dwellings on a minimum of 2 acres and 5 acres respectively. Upon annexation, the property will be automatically zoned R-Rural, 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: undeveloped property to the north and west and existing large lot single family homes to the south and east. FUTURE DEVELOPMENT This area was shown on the plan that was presented by the Edwards Land Co. which showed Single Family Residential in this area. Until the City takes action on the annexation no land use planning for this area will be considered. The existing farmstead and out buildings will probably be demolished as new development takes place. 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 3.25 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 communications 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 2 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. Memo to Members of City Council RE: Annexation of 71.3 +/- Acres -Liggett/Buck August 10, 2005 Page 3 of 3 • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. 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 property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision across Cosgray Road. A waterline will have to be extended to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is located within the tributary area of the both the Cramer Trunk Sewer (east side of the railroad) and the Upper Scioto West Subtnmk sewer (west side of the railroad). Sewer will have to be extended to serve this site. • STORMWATER MANAGEMENT AND FLOODPLAIN This property is located both inside and outside watersheds as defined by the Stormwater Master Plan. The portion of the property east of the railroad tracks drains to both the Cosgray Creek and the South Fork of Indian Run. The property in this area drains to the north and to the east. The western portion (on the west side of the railroad tracks) drains to the west and south towards the Hayden Run. This property is located outside the FEMA designated floodplain for the Cosgray Creek and South Fork of Indian Run. • ROADS AND STREETS The primary road serving this acreage is Cosgray Road, which is classified as a scenic major arterial on the Thoroughfare Plan. Cosgray Road is required to have 100 feet of right-of--way according to the Thoroughfare Plan. If the City of Dublin plans to extend the four-lane divided roadway, additional right-of--way will be needed from this property. Any new roads or streets, within a proposed development, which would be dedicated to the City, would be maintained to the same degree and extent that these public facilities are maintained in areas with similar land use and population. 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 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 71.3 f acres. RECORD OF RESOLUTIONS 67-05 Resolution No. Passed 20 A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 71.3 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN. WHEREAS, an Expedited Type II annexation petition for 71.3 acres, more or less, from Washington Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on October 4, 2005 by Harrison W, Smith, Jr., Agent for Petitioners, Jay W, Liggett, 6315 Meaghan Drive, Dublin, Ohio 43016; Charles W. Buck, 5595 Brickstone Place, Hilliard, Ohio 43026; and Steven A. Buck, 5176 Cosgray Road, Amlin, Ohio 43002; and WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the legislative 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. 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 71.3 acres, more or less in Washington Township, Franklin County upon the annexation of the area to the City of Dublin, Ohio: Police. The City of Dublin has ftve police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 3.25 driving miles from the Justice Center, the Division of Police headquarters. The annexation area will be fully served with police and communications services at the same or similar level now being provided to other areas of the City with similar land use and population. Fire and EMS. The City of Dublin will provide, cause to provide, or contract with Washington Township to provide fire protection and EMS services to this area of Dublin at the same or similar level now being provided to other areas of the City with similar ]and use and population. The closest Washington Township station is less than two miles away on Shier- Rings Road. Solid Waste Collection. Residential refuse collection services are contracted by the City and are currently provided at no additional charge. Street Maintenance. The City's Streets and Utilities Division provides excellent service in the area of street and road maintenance. The City will maintain Cosgray Road in the area of this annexation and will do so at the same levels as other similar streets in the City. Section 2. The City has Water and Sanitary Sewer Service Agreements with the City of Columbus, and the subject property is within the exclusive service area of the RECORD OF RESOLUTIONS Resolution No. 67-05 Pnssed Page 2 20 agreements. Conditioned upon the ability of the City of Columbus to provide water supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public water distribution and sanitary sewer collection systems exist in this area to serve this property. The water distribution and sanitary sewer and wastewater collection will be available to this site within approximately five years. The remainder of the services will be available immediately upon annexation. Section 3. This resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. Passed this ~ ~h day of ~J~~'~) 6 ~!/~ , 2005. Mayor -Presiding Officer ATTEST ~~L~ ~ ~~~E~~r Clerk of Council RECORD OF RESOLUTIONS Resolution No 68-OS Passed 2U A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 71.3 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. WHEREAS, a petition for an Expedited II method of annexation of 71.3 acres, more or less, from Washington Township, Franklin County was filed in the offices of the Board of County Commissioners of Franklin County, Ohio on October 4, 2005 by Harrison W. Smith, Jr., agent for Petitioners Jay W. Liggett, 6315 Meaghan Drive, Dublin, Ohio 43016; Charles W. Buck, 5595 Brickstone Place, Hilliard, Ohio 43026; and Steven A. Buck, 5176 Cosgray Road, Amlin, Ohio 43002; and 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 territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and 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) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation deterniines are clearly incompatible with the uses permitted under current 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 territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and 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 WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed temtory be automatically rezoned to R-Rural District subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to the north and west, and a portion to the south and east are unincorporated territory. 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 adopts the following statement for the 71,3 acres, more or less, in Washington Township, Franklin County: Should the territory (a) be annexed and (b) subsequently become subject to zoning pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses in the annexed territory that Dublin City RECORD OF RESOLUTIONS Re.mlulion Nn Pa e 2 68-0$ Passed g 2v Council deternlines are clearly incompatible with the uses permitted under current 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 temtory 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. Section 2. This resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this ~7~ day of ~2,~.br1/" , 200$. _ C~ Mayor -Presiding Officer ATTEST: Clerk of Council NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clarke, Council Clerk City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 4~' day of October, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 71.3 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: `~ ~~ ~ l Harrison W. Smith, Jr. ~~ Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~ ~ day of ~ ~l'o ~ G ~ , 20~ CLERK' S OFFICE F:docs\s&hannex\2005\clarke-liggett.not (10/3105) jth -. T i iTkLr 9'7.x:.=]`!. ~1~-. '_ -. ~ rl. EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023) TO THE City of Dublin OF 71.3 IN THE TOWNSHIP(S) OF ACRES MORE OR LESS 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 hereinafter described, consisting of ~~_3 acres with a total perimeter boundary of 9.969', more or less, in the Township(s) of Washington which area is contiguous along 2068' or 21 % 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 and that no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. In support of said Petition, your petitioners state that there is/are within the territory so prayed to be annexed three (3) OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), 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 the Petition and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County 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 THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS `4 J W. Ligget` ,+ rustee Steven A. Buck, Trustee :...~~J Ly t,.r /! ~ Charles Buck, Trustee Page of ~~ ~~ ANNEXATION 71.3+/- ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA MILITARY SURVEY NUMBER 6953, BEING ALL OF THE 28.10 ACRE TRACT CONVEYED AS TRACT I, THE 4.07 ACRE TRACT CONVEYED AS TRACT II, AND THE 32.44 ACRE TRACT CONVEYED AS TRACT III TO JAY W. LIGGETT, TRUSTEE (3/4 INTEREST) BY DEEDS OF RECORD IN INSTRUMENT NUMBERS 200101260016924 AND 200108090183754, AND TO MARIANNA AND CHARLES W., CO-TRUSTEES AND CHARLES WILLIAM AND STEVEN A. BUCK, ALTERNATE SUCCESSOR TRUSTEES (1-4 INTEREST), PART OF THE 120.07 ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF COSGRAY ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, IN A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 27-00, AND RECORDED IN INSTRUMENT NUMBER 200004270082022, AT A COMMON CORNER OF THE 32.488 ACRE TRACT CONVEYED TO EDWARDS GOLF COMMUNITIES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200009290198493 AND THE 0.162 ACRE TRACT CONVEYED AS PARCEL 2 TO JAY W. LIGGETT, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200102220035905; THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 684 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE, TO A POINT; THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 2360 FEET, ACROSS SAID COSGRAY ROAD, WITH THE SOUTHERLY LINE OF SAID 28.10 ACRE TRACT, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO THE SOUTHWESTERLY CORNER OF SAID 28.10 ACRE TRACT, BEING IN THE LINE COMMON TO SAID SURVEY NUMBER 6953 AND VIRGINIA MILITARY SURVEY NUMBER 14150-14400; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1292 FEET, WITH THE WESTERLY LINES OF SAID 28.10 AND 4.07 ACRE TRACTS, AND SAID SURVEY LINE, TO THE NORTHWESTERLY CORNER OF SAID 4.07 ACRE TRACT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 2304 FEET, WITH THE NORTHERLY LINES OF SAID 4.07 AND 32.44 ACRE TRACTS, AND PARTLY ACROSS SAID 120.07 ACRE TRACT, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 1254 FEET, WITH SAID WESTERLY RIGHT-OF-WAY LINE, TO A POINT; THENCE NORTHWESTERLY, A DISTANCE OF APPROXIMATELY 87 FEET, CONTINUING WITH SAID WESTERLY RIGHT-OF-WAY LINE, AND PARTLY WITH THE EXISTING CITY OF DUBLIN ANNEXATION 71.3+/- ACRES -2- CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 105-98, AND RECORDED IN INSTRUMENT NUMBER 199906160153555, TO A POINT; THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 61 FEET, ACROSS SAID COSGRAY ROAD, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE THEREOF, BEING A WESTERLY LINE OF THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED IN ORDINANCE NUMBER 62-02, AND RECORDED IN INSTRUMENT NUMBER 200205290131857; THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 79 FEET, WITH SAID EASTERLY RIGHT-OF-WAY LINE, AND ACROSS SHIER-RINGS ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (62-02), TO A POINT; THENCE SOUTHERLY, A DISTANCE OF 1848 FEET, ACROSS SAID SHIER-RINGS ROAD, AND WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, AND PARTLY WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 71.3 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON & TILTON, INC. ,.~~~""'~'~~F.: ,~ JA S M. PEARSALL DATA PEA~RSALL REGISTERED SURVEYOR NO. 7840 ~ -^ ~~. ~ S~0 :` ~ ~.r •. ~ ~;gTEC~~•~' G~ 'mss' ~` ~'•• .... n\ JMP:tnw/Aug05 J ~` >> ~~orr~~ s~,~ 71 3 ac annex 51346.doc '~~,,~ ' ~ ~ 11„ ~ ~~`''~: PROPERTY OWNER PROPERTY OWNER Jay W Liggett Charles W. Buck 6315 Meaghan Drive 5595 Brickstone Place Dublin, OH 43016 Hilliard, OH 43026 272-000174 272-000174 SURROUNDING PROPERTY OWNERS David H Gease Edwards Golf Communities 5713 Cosgray Road 495 S. High Street. Suite 150 Dublin, OH 43016 Columbus, OH 43215 272-000019 274-000334 Margarett J Liggett TR J W Liggett Jr 6315 Meaghan Drive 6315 Meaghan Drive Dublin, OH 43016 Dublin, OH 43016 274-000309 274-000296 Stephen M Kelly TR c/o Dennis Thiergartner 5801 Chatterfield Drive Dublin, OH 43017 272-000166 Lenore W Roose 5830 Houchard Road Dublin, OH 43016 272-000557 Todd J Hemrnert & Denise A Winner 5824 Houchard Road Dublin, OH 43016 272-000559 PROPERTY GWNER Steven A. Buck 5175 Cosgray Road Amilin, OH 43002 272-000174 J W Liggett Jr 6315 Meaghan Drive Dublin, OH 43016 274-000306 The Edwards Company Attn: Charlie Driscoll 495 S. High Street, Suite 150 Columbus, OH 43215 274-000300 SR Associates City of Dublin 6724 Perimeter Loop Road, Ste. 201 5200 Emerald Parkway Dublin, OH 43017 Dublin, OH 43017-1066 274-000660 274-001008 Subsidiary Development Corp. c!o Denise Thompson Jewette 5987 Cosgray Road Dublin, OH 43016 272-000086 John R Jr & Anne B Hetrick 4013 Deer Lake Way Columbus, OH 43204 272-000558 Barry A Woods 5822 Houchard Road Dublin, OH 43016 272-000560 Freda Whitmer 8500 Carters Mill Road Plain City, OH =13064 272-00014 F: Docs/s&hlabel s/2005/edwards-1 iggett.lb I (10/3/OS-ncp)