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HomeMy WebLinkAboutResolution 34-25RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No..34-25 Passed , INDICATING WHAT SERVICES THE CITY OF DUBLIN WILL PROVIDE TO 79.0+ ACRES OF LAND, MORE OR LESS, FOR THE ANNEXATION KNOWN AS THE MADISON COUNTY ANNEXATION FILED BY THADDEUS M. BOGGS, AGENT FOR THE PETITIONERS WHEREAS, Thaddeus M. Boggs, agent for the petitioners, has filed a petition with the Madison County Commissioners for the regular annexation of 79.0 acres of land, more or less, the description and map of which are attached hereto as Exhibits A and B, respectively; and WHEREAS, Thaddeus M. Boggs, as agent for the petitioners, delivered to the Clerk of the Dublin City Council the notice of the filing of the annexation petition with the Board of County Commissioners of Madison County and its clerk on April 14, 2025, the hearing of which shall occur on June 17, 2025; and WHEREAS, the Ohio Revised Code requires that at least 20 days prior to the annexation hearing for a regular annexation, the City Council shall, by resolution, adopt a statement as to what services, if any, the City will provide and an approximate date by which it will provide them to the territory proposed for annexation, upon annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, _ *]_ of the elected members concurring, that: Section 1. That upon annexation to the City of Dublin of the 79.0+ acres more or less as delineated on the attached Exhibits A and B, the City will provide the following services by the approximate date indicated as to each, provided all necessary lines, hydrants, and other apparatus are installed by the property owner as required by the City and said services shall be provided under the same conditions and same costs as they are provided to other residents in the City of Dublin: (a) Water — approximately 2030 based on the City of Dublin’s Capital Improvements Program and the upgrade and extension of water lines to the annexed territory; (b) Sanitary Sewer - approximately 2030 based on the City of Dublin’s Capital Improvements Program and the upgrade and extension of sewer lines to the annexed territory; (c) Refuse — upon effective date of acceptance of annexation; (d) Police — upon effective date of acceptance of annexation; (e) Fire — upon completion of a boundary adjustment provision upon annexation, fire services will be provided by Washington Township; (e) Road maintenance — upon effective date of acceptance of annexation; if a street or highway will be divided or segmented by the boundary line between the township and the municipal corporation as to create a road maintenance problem, the City agrees to assume the maintenance of that specific segment of street or highway adjacent to the annexed property to correct the problem. Section 2. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Resolution were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Section 121.22 of the Revised Code. Section 3. That the Clerk of Council shall prepare and furnish to the agent for the petitioners a certified copy of this Resolution to be filed with the Madison County Board of County Commissioners at least 20 days prior to the annexation hearing currently set for June 17, 2025. Section 4. That this Resolution shall take effect and be in force from and after the earliest date allowed by law. RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No, 75. PASSCO 55 5 Passed this 19" day of May, 2025 NA—-2>— Mayor — Presiding Officer To: Members of Dublin City Council From: Megan D. O’Callaghan, City Manager Date: May 13, 2025 Initiated By: Phillip K. Hartmann, Assistant Law Director Thaddeus M. Boggs, Assistant Law Director Re: Resolution 34-25 – A Resolution Indicating What Services the City of Dublin Will Provide to 79.0 +/- Acres of Land, More or Less, for the Annexation Known as the Madison County Annexation Filed by Thaddeus M. Boggs, Agent for the Petitioner Background The City of Dublin, through its appointed agent, Assistant Law Director Boggs, submitted a petition for regular annexation to the Madison County Board of County Commissioners on April 3, 2025. The annexation hearing is scheduled for June 17, 2025. The period between the formal filing of a regular annexation petition and the hearing requires several procedural steps including notice to all landowners being annexed (here, only the City of Dublin), adjacent landowners, and the township affected by the petition (here, Darby Township). Those notifications have been sent and proof of the same filed with the County Commissioners as required. The remaining procedural step requires the City to adopt a resolution outlining the services the City will provide the annexed land along with an approximate date by which those services will be provided. This resolution must be filed with the County Commissioners at least 20 days prior to the annexation hearing which means the deadline for filing is May 27, 2025. Resolution 34-25 specifies these services: (a) Water – approximately 2030 based on the City of Dublin’s Capital Improvements Program and the upgrade and extension of water lines to the annexed territory; (b) Sanitary Sewer - approximately 2030 based on the City of Dublin’s Capital Improvements Program and the upgrade and extension of sewer lines to the annexed territory; (c) Refuse – upon effective date of acceptance of annexation; (d) Police – upon effective date of acceptance of annexation; (e) Fire – upon completion of a boundary adjustment provision upon annexation, fire services will be provided by Washington Township; (e) Road maintenance – upon effective date of acceptance of annexation; if a street or highway will be divided or segmented by the boundary line between the township and the municipal corporation as to create a road maintenance problem, the City agrees to assume the maintenance of that specific segment of street or highway adjacent to the annexed property to correct the problem. Police, Refuse, and Road maintenance responsibilities will begin on the date the annexation is effective (at some point this fall depending on final Madison County approval and City acceptance). Upon annexation, City staff and the Law Department will initiate a boundary adjustment so that Washington Township Fire can provide fire services to the territory. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo Resolution 34-25 – A Resolution Indicating What Services the City of Dublin Will Provide to 79.0 +/- Acres of Land, More or Less, for the Annexation Known as the Madison County Annexation Filed by Thaddeus M. Boggs, Agent for the Petitioner May 5, 2025 Page 2 of 2 The estimated date for provision of water and sanitary sewer services is based off the City’s Capital Improvements Program and the upgrades to the lines that will be required for these properties. There will also need to be further discussions with the City of Columbus to amend our agreements to provide services to this area. The Ohio Revised Code does not require services to be provided within a specified time frame, only an approximate date by which such services will be provided. This proposal meets that requirement and we will provide affidavits and testimony at the annexation hearing to explain the delay if needed. The fact that the land being annexed is owned solely by the City of Dublin should eliminate concern from the County Commissioners. Recommendation Staff recommends approval of Resolution 34-25 – A Resolution Indicating What Services the City of Dublin Will Provide to 79.0 +/- Acres of Land, More or Less, for the Annexation Known as the Madison County Annexation Filed by Thaddeus M. Boggs, Agent for the Petitioner such that it can be filed with the Madison County Board of County Commissioners prior to the May 27, 2025 deadline. RECEIVED ~ TOS APR 17 2025 rook odd Clerk of Council ATTORNEYS City of Dublin Thaddeus M. Boggs Partner 614.559.7293 (t) 614.464.1737 (6) tboggs@fbtlaw.com April 10, 2025 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Jenny Delgado Clerk of Council City of Dublin 5555 Perimeter Drive Dublin, Ohio 43017 Re: City of Dublin Regular Annexation Petition +/- 79.0 Acres Dear Clerk Delgado: This letter has been sent to you in your capacity as Clerk of Council for the City of Dublin, Ohio. A petition for annexation into the City of Dublin of +/- 79.0 acres located in Darby Township, Madison County Auditor Parcel Nos. 02-00300.000 and 02-00172.000, has been filed with the Madison County Board of County Commissioners pursuant to Section 709.02 of the Ohio Revised Code. The petition was filed in Madison County at the county office building at or around 12:00 PM on April 2, 2025. Pursuant to Madison County Commissioners’ Resolution No. 246-25 adopted on April 8, 2025, the hearing on the petition will be held in the Madison County office building, located at 1 North Main Street, London, Ohio, 43140, on June 17, 2025, at 10:00 AM. A complete copy of the annexation petition, with all attachments and documents accompanying the petition as-filed, is enclosed with this letter. Sincerely, <p by Thaddeus M. Boggs Frost Brown Todd Agent for Petitioner City of Dublin, Ohio Enclosures 0127219.0620173 4929-0657-0035v2 One Columbus, Suite 2300 | 10 West Broad Street | Columbus, OH 43215-3484 | 614.464.1211 | frostbrowntodd.com Offices in California, Colorado, Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, Texas, Washington, DC and West Virginia rod lodd ATTORNEYS Thaddeus M. (Thad) Boggs Partner 614.559.7293 (t) 614.464.1737 (f) tboggs@fbtlaw.com April 2, 2025 VIA OVERNIGHT MAIL AND ELECTRONIC MAIL Madison County Board of County Commissioners c/o Clerk Amy Rees 1 N. Main Street London, Ohio 43140 Email: commissioners@madison.oh.gov Re: — City of Dublin Regular Annexation Petition for +/- 79.0 Acres Dear Commissioners and Clerk Rees, Please find attached a Petition for Regular Annexation for +/- 79.0 Acres from Darby Township into the City of Dublin. The Petition includes a legal description and plat of the territory proposed to be annexed that have been pre-approved by the Madison County Engineer. It also includes a list of all parcels to be annexed and adjacent parcels. Please note that the +/- 79.0 acres proposed to be annexed includes 7.5 acres of New York Central Lines LLC territory in the final figure. This is railroad property located between the parcels owned by the City of Dublin. The petition does not include a signature from New York Central Lines LLC as an owner because, pursuant to R.C. 709.02(E), a railroad is not considered an owner for purposes of annexation. The City of Dublin looks forward to working with Madison County on the proposed annexation. Please let me know if you have any additional questions. Sincerely, Fb Thaddeus M. Boggs CC: Jesse J. Shamp, Frost Brown Todd One Columbus Center | 10 West Broad Street, Suite 2300 | Columbus, OH 43215 | 614.464.1211 Frost Brown Todd LLP | frostbrowntodd.com PETITION FOR REGULAR ANNEXATION (SECTION 709.02) TO THE CITY OF DUBLIN, OF 79.0 ACRES, MORE OR LESS, FROM DARBY TOWNSHIP, MADISON COUNTY TO THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, OHIO The undersigned, petitioners in the premises, and being THE SOLE OWNERS OF REAL ESTATE in the territory described, consisting of 79.0 acres, more or less, in the Township of Darby, which area is contiguous to the City of Dublin, do hereby pray that said territory be annexed to the City of Dublin, according to the statutes of the State of Ohio. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto as Exhibit “A” and “B” and made part hereof. In support of said Petition, the petitioner states that there are within the territory so prayed to be annexed Dae OWNER(S) OF REAL ESTATE. Thaddeus M. Boggs, whose address is 10 West Broad Street, Suite 2300, Columbus, Ohio 43215, is hereby appointed Agent for the undersigned petitioners as required by Ohio Revised Code section 709.02(C)(3). 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 MADISON County Engineer in his examination of an amended plat and description to the Board of Madison County Commissioners on, before, or after the date set for hearing on this Petition. PARCEL 02-00300.000 (PART PARCEL, +/- 52.8 ACRES) NAME DATE PARCEL 02-00172.000 (PART PARCEL, +/- 18.7 ACRES) NAME DATE legge nsaron 3)3\ 5 EXHIBITS Exhibit A= Legal Description Exhibit B= Annexation Plat Exhibit C= Parcel List tabbles” y es DGL Consulting Engineers, LLC Providing civil engineering solutions since 1926. Oli 0 CONSULTING ENGINEERS LEGAL DESCRIPTION Proposed Annexation of land from Darby Township, Madison County to the City of Dublin 79.0 Acres +/- Situated in the State of Ohio, County of Madison, Township of Darby, being within Virginia Military Survey No. 14150 and 7074, being part of that 19.911 acre tract described in deed to City of Dublin, Ohio, of record in Official Record 395, Page 1209, part of that tract described in deed to New York Central Lines LLC, of record in Official Record 106, Page 703, and part of that 53.2 acre tract described in deed to City of Dublin, Ohio, of record in Official Record 430, Page 2210- 2213, all being of record in the Recorder's Office, Madison County, Ohio and being further bounded and described as follows: Beginning, at an angle point of the existing City of Dublin Corporation Line as established by Ordinance Number 38-24 of record in Instrument Number 202503120024051 (as recorded in the Recorder's Office, Franklin County, Ohio); Thence South 00°58'36” East, a distance of 3735.40 feet, with the existing City of Dublin Corporation line, also being the Franklin County/Madison County line; Thence North 42°52'04” West, a distance of 1305.90 feet, leaving the existing City of Dublin Corporation line, with the common line of said 53.2 acre tract and that 246.82 acre tract described in deed to Marks Family Corporation, of record in Official Record 249, Page 330 and the 251.883 acre tract described in deed to William C. Moler through Official Record 384, Page 2494, to a common corner of said 53.2 acre tract and 251.883 acre tract; Thence South 58°26'10" West, a distance of 89.75 feet, with the common of said 53.2 acre tract and said 251.883 acre tract, to a common comer of said 53.2 acre tract and 251.883 acre tract; Thence North 30°55'50" West, a distance of 1811.26 feet, with the common of said 53.2 acre tract and said 251.883 acre tract, to a point in the south right of way line of Plain City — Dublin Road (State Route 161); Thence North 50°10'10” East, a distance of 496.03 feet, with the south right of way line of said Plain City — Dublin Road, to a point in the common line of said 53.2 acre tract and that 11.41 acre tract described in deed to Carter-Jones Lumber Company, of record in Official Record 161, Page 73, Official Record 161, Page 145 and Official Record 161, Page 380; Thence South 33°37'50” East, a distance of 624.75 feet, with the common line of said 53.2 acre tract and said 11.41 acre tract, to a common corner of said 53.2 acre tract and said 11.41 acre tract; Thence North 65°31'10" East, a distance of 711.00 feet, with the common line of said 53.2 acre tract and said 11.41 acre tract, to a common corner of said 53.2 acre tract and said 11.41 acre tract, also being a point in the west line of said 5.04 acre tract, 5940 Venture Drive, Suite D | Dublin, Ohio 43017 | 614.356.7150 | www.dgl-Itd.com EXHIBIT Annexation to City of Dublin Page 2 Thence North 39°17'16" West, a distance of 814.60 feet, with the common line of said 5.04 acre tract and said 11.41 acre tract, to a point in the south right of way line of said Plain City — Dublin Road; Thence North 48°37'23” East, a distance of 320.52 feet, with the south right of way line of said Plain City — Dublin Road, to a point of curvature; Thence with the arc of a curve to the right having a radius of 1392.39 feet, a delta angle of 33°41'15", an arc length of 818.67 feet, a chord bearing of North 65°21'22" East and a chord distance of 806.93 feet, to the TRUE POINT OF BEGINNING, containing 79.0 acres of land more or less. The above annexation contains a total perimeter of 10727.88 feet, length of contiguity of 3735.40 feet with 35 percent of total contiguity. The above legal description is based on record information obtained from the Recorders’, Engineer and Auditor Office of Madison County, Ohio and is not intended for the use of real property. NOTE: The bearings in this legal description are based on the bearings shown the deed to the City of Dublin, of record in Instrument Number 202207200106013 being of record in the Recorder's Office, Franklin County, Ohio. N ce yy 03/20/2025 Date: Mark Alan Smith, PS Ohio Professional Surveyor #8232 DGL Consulting Engineers, LLC wwyw.dgl-itd.com EXHIBIT tabbies" o> Peces\OAT Wedaan dy 8. PROPOSED ANNEXATION OF 79.0 ACRES+/- F FROM: DARBY TOWNSHIP, MADISON COUNTY a TO: CITY OF DUBLIN o 3 9.08 ory oF gaan, aasHNG'ON Tos? “ee = —_ ee nS SE — eee pees 4 - Gra tomene y . TT eras i ustSent CONT, 0-0 Ey x oe : A were 2 QED AGES 47-70 BE ANEED) e Wt a g g (a0 eats 935 eon) e sw ‘es on iS age, ~|2) sae at i we Ht oe Prtey 2508 , ¢ Pa 5 a és 3 § |Z Curve Table PRFAPPROYED R10 Gonea pasta] ate | cerdeearng | or teat] era TANCIALON z ilk a_ [os [rawp awww | xem [oer Sof PLAT m3s2 |B Daee Z CONTIGUITY NOTE: NOTE: ars TOTAL PERIUETER 10727.88 FEET aS 'EXIGBT AAS FREPARED [ROW RECCRD \NFORWALOY wos |< Tener oF ccrmourry 393840 FEET FROW THE VADSON COUNTY ENGINEER, RECORDER AND 6228 PERCENT OF CONTGUITY 35. PERCENT AUDITOR OFFICE. THE EXHIBIT 1S NOT INTENDED FOR THE 832 | TRANSFER OF REAL PROPERTY ba a uw 22s a ey es ess 2 a BASIS_OF BEAR NGS: o**2 |9 SESTNG) CIN OP OUD (CORPORATON't Tre BEARNGS S+OHN WEREON ARE BASED ON THE RECORE or z S ‘i PATON UN BEARINGS SHOAN IN THE CITY BLN DEED OF RECORD] 3 ACTON CORFORAT ON BE 8 INSTRUVENT 20220720010€013, RECORDERS CFFCE, & la casio cemtenune FRANKLIN COUNTY, OHO la = ——assirie parce. une aI THEREBY STATE THAT THE INFORWATION, COURSES AND [RUE Madsondug| PROPOSED AREA TO BE AMNOED QISTANGES AS SHOWN ARE CORRECT TO THE BEST OF MY [oaHo 24023-4 Lx ea Wi su Sa (2. issueo: 03/29/2035 (“4 Ke = asconees Tac aa ome —| ANNEX SH PROFESGIRAL SURVEYOR NO. 8232 EXHIBIT & iC EXHIBIT C Parcels with territory being annexed Owner’s Name Owner’s Mailing Address of Parcel Permanent Address Parcel No. CITY OF DUBLIN 5555 PERIMETER DR, DUBLIN, OHIO 43017 161 10175 STATE ROUTE 02-00300.000 CITY OF DUBLIN 5555 PERIMETER DR, DUBLIN, OHIO 43017 STATE ROUTE 161 02-00172.000 NEW YORK 10320 NE STATE 02-00316.002 CENTRAL LINES ROUTE 161 LLC Adjacent Parcels Owner’s Name Owner’s Mailing Address | Address of Permanent Parcel Parcel No. MADISON GATEWAY | 2 EASTON OVAL, STE 10045 STATE | 02-00328.000 LLC 510, COLUMBUS, OH ROUTE 161 43219 KILE LAND HOLDING | 2 EASTON OVAL, STIE | STATE 02-00139.000 LLC 510, COLUMBUS, OH ROUTE 161 43219 CARTER JONES 601 TALLMADGE 10271 STATE | 02-00043.000 LUMBER CO. ROAD, KENT, OH 44240 | ROUTE 161 MARKS FAMILY 455 CARRIAGE DRIVE, | 9675 IAMS 02-00164.000 CORP C/O ERMA PLAIN CITY, OH 43064 ROAD BEACH Y AGENT P&M REAL ESTATE 9360 HORSESHOE 10310 STATE | 02-00134.000 INVESTORS STREET, PLAIN CITY, ROUTE 161 OH 43064 HERITAGE PO BOX 369, 364 10330 STATE | 02-00205.000 COOPERATIVE INC. LISBON ST, CANFIELD, | ROUTE 161 OH 44406 SARA CONSTANCE 11010 KILE WARNER 11010 KILE 02-0025 1.000 SAMMARTINO ROAD, PLAIN CITY, OH | WARNER 43064 ROAD JUDY Kk. BITTINGER 10386 STATE ROUTE SR 161 02-00251.001 161 E, PLAIN CITY, OH : 43064 JUDY K. BITTINGER 10386 STATE ROUTE 10386 STATE | 02-00033.000 161 E, PLAIN CITY, OH | ROUTE 161E 43064 OH 44406 ETHAN M. 10374 STATE ROUTE 10374 STATE | 02-00039.000 BUTTERFIELD 161, PLAIN CITY, OH ROUTE 161 43064 DARBY PARTNERS 225 JOHN H. 10366 STATE | 02-00038.000 LLC MCCONNELL BLVD, ROUTE 161 APT 1001, COLUMBUS, OH 43215 HERITAGE PO BOX 369, 364 NOT ON 02-00265.000 COOPERATIVE INC LISBON ST, CANFIELD, | FILE OH 44406 HERITAGE PO BOX 369, 364 10330 STATE | 02-00264.000 COOPERATIVE INC. LISBON ST, CANFIELD, | ROUTE 161 OH 44406 HERITAGE PO BOX 369, 364 STATE 02-00263.000 COOPERATIVE INC. LISBON ST, CANFIELD, | ROUTE 161 0127219.0620173 4893-1311-1017v2 Board of Madison County Commissioners Resolution No. 246-25 Presented by Amy Rees, Commission Clerk A Resolution Accepting a Regular Annexation Petition for Approximately 79.0 Acres from Darby Township to the City of Dublin WHEREAS, on April 2, 2025, the Madison County Board of Commissioners received a Regular Annexation Petition filed by agent Thaddeus M. Boggs, on behalf of the City of Dublin, requesting the annexation of approximately 79.0 acres of land from Darby Township to the City of Dublin, Madison County, Ohio; and WHEREAS, the petition was filed in accordance with Ohio Revised Code Section 709.02 and includes the required legal description, annexation plat, and list of affected parcels, including railroad property consistent with ORC 709.02(E); and WHEREAS, the legal description and plat of the proposed annexation have been reviewed and pre-approved by the Madison County Engineer; and WHEREAS, pursuant to Ohio Revised Code Section 709.031, the Board of County Commissioners is required to set a date for a public hearing to consider the petition and provide statutory notice to all required parties; and WHEREAS, the Board wishes to formally acknowledge receipt of the annexation petition and place it on the public record, while reserving its authority to render a final decision following the required public hearing and review process; NOW, THEREFORE, BE IT RESOLVED by the Board of Madison Commissioners that the Regular Annexation Petition for approximately 79.0 acres from Darby Township to the City of Dublin is hereby accepted for journalization. This resolution shall not be construed as an approval or denial of the annexation petition, but solely as an administrative act acknowledging receipt and initiating the statutory review process in accordance with Ohio law. This resolution shall be effective immediately upon approval. Dated this 8th day of April, 2025. ris Wallace, President Madison County Board of Commissioners Vote: Xenikis y , Wallace y , Shea ¥ |, Amy Rees, the duly qualified and acting Clerk of the Board of Madison County Commissioners, located in Madison County, Ohio, do hereby certify that the foregoing is a true and complete copy of certain proceedings taken by the Madison County Commissioners of said Madison County, Ohio at a regular meeting held on the 8th day of April, 2025.