Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
77-07 Ordinance
RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 77 -07 Passed 20 1 1 1 AN ORDINANCE PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO FOR A CHANGE OF TOWNSHIP LINES FOR THAT PORTION OF JEROME TOWNSHIP WHICH NOW LIES WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF DUBLIN, AND DECLARING AN EMERGENCY. WHEREAS, Dublin City Council, pursuant to previous recommendations of the Public Services Committee has adopted a policy whereby the boundaries of the City of Dublin shall be brought into a single township for the purpose of creating a uniform level of fire protection and emergency service within Dublin; and WHEREAS, on May 21, 2007 the Union County Commissioners approved the annexation petition of 1.479 acres, more or less, in Jerome Township, filed as a Regular Annexation Petition by Michael L. Close, agent for petitioners Robert W. and Elaine T. Horr, 8668 Hyland Croy Road, Plain City, Ohio 43064; and WHEREAS, the Ohio Revised Code Section 503.07 authorizes the Dublin City Council to petition the Board of County Commissioners of Franklin County to change the township boundaries within the municipal corporation; and WHEREAS, the procedure set forth above has been upheld by the Ohio Supreme Court in the case of the State, ex rel. City of Dublin v. Delaware County Board of Commissioners, 62 Ohio St.3d 55, 577 N.E.2d 1088; and WHEREAS, Washington Township has the largest area of township jurisdiction within the City of Dublin; and WHEREAS, Washington Township has fully equipped and staffed fire stations and can respond in the shortest period of time to fire and medical emergencies in the Jerome Township portion of the City of Dublin, thereby improving service and reducing risk to life and property. NOW, THEREFORE, BE IT ORDAINED by this Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1 . That the City of Dublin, Ohio, an Ohio Municipal Corporation, hereby petitions the Board of County Commissioners of Franklin County, Ohio, for a change of township lines of Jerome Township to remove the area included within the corporate limits of the City of Dublin, as shown on the attached Exhibit A, from Jerome Township and place it in Washington Township pursuant to the terms and provisions of the Ohio Revised Code Section 503.07 and related sections, and pursuant to the Ohio Supreme Court decision in the case of State, ex rel. City of Dublin v. Delaware County Board of Commissioners, which held that, "a Board of County commissions must comply with municipal petition for a change of township boundaries in order to make those boundaries conform to the limits of the municipality." 62 Ohio St.3d. 55, 557 N.E.2d 1088, (citing from case headnote). Section 2 . That the Clerk of Council is hereby authorized and directed to certify a copy of this Ordinance, together with a certified copy of the minutes of the meeting at which this Ordinance was adopted, showing its adoption by a vote of the majority of the members of the Dublin City Council, being the "legislative authority of such Municipal Corporation" as set forth in Ohio Revised Code Section 503.07, to the Board of County Commissioners of Franklin County, Ohio. RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 1 Ordinance No 1 C 77 -07 Passed Page 2, 20 Section 3 . That the City Law Director be, and hereby is, authorized and directed to present a certified copy of this Ordinance and a certified copy of the minutes of this meet- ing to the Board of County Commissioners of Franklin County, as a petition praying for such changes to the boundary lines of Jerome Township as set forth herein. Section 4 . That this Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare, and shall therefore take effect upon passage. Passed this 1 y - t day of Ql o�b -�� , 2007. Mayor - Presiding Officer Attest: (� 0_&alcx� Clerk of Council 1 SCHOTTENSTEIN ZOX &DUNW..,,, MEMORANDUM TO Dublin City Council Jane S. Brautigam, City Manager FROM Stephen J. Smith, Law Director DATE: September 13, 2007 RE: Ordinance Nos. 76 -07 and 77 -07 (The Horr Property) Boundary Adjustment Petitions INTRODUCTION Robert and Elaine Horr ( "the Horrs ") are the owners of 1.479± acres of land located on the east side of Hyland -Croy Road (8668 Hyland -Croy Road) in Jerome Township ( "the Property"). The Horrs, through their attorney Michael Close, approached the City of Dublin ( "City ") with their desire to annex the property to the City in order to obtain municipal services. On March 5, 2007, attorney Michael Close filed a Majority Owner annexation petition with the Union County Commissioners on behalf of the Horrs, which was ultimately approved by the Commissioners. Prior to acceptance of the annexation, the City staff, including the Law Department, met with the Horrs to negotiate a Pre - Annexation Agreement. The Pre - Annexation Agreement was approved by City Council on August 6, 2007 (Resolution 54-07) and City Council accepted the annexation on August 20, 2007 (Ordinance 53 -07). The Law Department now requests the authority to petition the Union County Commissioners and the Franklin County Commissioners for a township boundary adjustment in order to remove the Horr Property from Jerome Township and place it into Washington Township. BOUNDARY ADJUSTMENT PETITION: The City has a policy of ensuring that all City territory is part of Washington Township. This policy is based on the fact that the City and Washington Township have a long- standing relationship for provision of public services, including police, fire and EMS protection. Therefore, after annexation of a parcel in Jerome or Concord Township, the City, through the Law Department, files a petition with the applicable Board of County Commissioners ( "Board") to adjust the township boundaries in order to place the annexed parcel in Washington Township. Ohio Revised Code ( "R.C. ") Section 503.07provides the authority for the City to file the petition and the County Commissioners to approve the petition. A boundary adjustment petition must be submitted to each Board of County Commissioners whose counties will be affected when the boundary adjustment crosses county lines. In order to file such a boundary adjustment petition, a vote of the majority of the members of Council to petition the Board for a change of township lines is necessary. The Board, upon Memo to City Council re Township Boundary Adjustment September 13, 2007 Page Two presentation of such petition, with the proceedings of the City Council authenticated, at a regular or adjourned session, shall change the boundaries of the township. The Horr property annexation will be effective on September 19, 2007. The City can then proceed to petition the Franklin County Commissioners and the Union County Commissioners for a change in township boundary lines pursuant to R.C. §503.07. The Law Department will file the petition after passage of Ordinances 76 -07 and 77 -07. CONCLUSION AND RECOMMENDATION: The Law Department recommends approval of Ordinance Nos. 76 -07 and 77 -07 at the second reading/public hearing on October 1, 2007. May 21, 2007 UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040 -1526 (937) 645 -3012 FAX (937) 645 -3002 TOM McCARTHY GARY LEE CHARLES HALL REBECCA ROUSH CAROL SCHEIDERER Clerk Asst. Clerk CERTIFICATION: I, Rebecca Roush, Clerk of the Board of Union County Commissioners, hereby certify that the within contained copies are true and exact copies of all proceedings: i.e., Petition for Annexation, Vicinity Map, Property Owners List, Proof of Publications, Resolution of Services to be Provided; Statement from the County Engineer; and the Resolution granting the Annexation. Rebecca Roush, Clerk of the Board Union County Commissioners Cc: City of Dublin Village of Jerome Michael Close, Agent Co. Auditor Co. Engineer Co. Recorder File F M C��d 99 20 CLERK Of COUNCIL CITY Of DUBLIN UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040 -1526 (937) 645 -3012 FAX (937) 645 -3002 TOM MCCARTHY GARY LEE CHARLES HALL REBECCA ROUSH CAROL SCHEIDERER Clerk Asst. Clerk COMMISSIONERS JOURNAL 47 — PAGE 68 — MARCH 8.2007 RESOLUTION NO. 120-07 RE: RECEIVED PETITION FOR ANNEXATION TO THE CITY OF DUBLIN OF 1.479 ACRES, MORE OR LESS IN THE TOWNSHIP OF JEROME, UNION COUNTY. OHIO — MICHAEL L. CLOSE, ESQ. AGENT FOR THE PETMONERS — ROBERT W. AND ELAINE T. HORR — REGULAR ANNEXATION A motion was made by Tom McCarthy and seconded by Gary Lee to approve the following: WHEREAS, a petition for annexation was filed on Monday, March 5, 2007, naming Michael L. Close, Esq. Agent for the Petitioners, and praying for annexation to the City of Dublin, Township of Jerome, Union County, Ohio and WHEREAS, said petition represents real estate situated in the Township of Jerome, Union County, Ohio which is contiguous along 990 feet, more or less, or 53% is contiguous to the Cityof Dublin. There are two (2) owners of real estate. THEREFORE, BE IT RESOLVED, that said petition for annexation be and is hereby received, and pursuant to Section 709.02 of the Ohio Revised Code, shall be referred to the County Engineer for review and thereafter shall be heard on Monday, May 21, 2007 at 9:00 a.m. in the Commissioners Hearing Room, County Office Building, 233 West Sixth Street, Marysville, Ohio. A roll call vote resulted as follows: CC: City of Dublin Village of Jerome Michael Close, Agent Co. Auditor Charles Hall, Yea Gary Lee, Yea Tom McCarthy, Yea Co. Engineer Co. Recorder File PETITION FOR MAJORITY -OWNER ANNEXATION (PURSUANT TO R. C. SECTION 709.02, ET. SEQ.) TO THE CITY OF DUBLIN OF 1.479 ACRES, MORE OR LESS IN THE TOWNSHIP OF JEROME F� TO THE BOARD OF COUNTY COMMISSIONERS MAR ` S 20 0I OF UNION COUNTY, OHIO III u't Gaut t � C arm�s s io The undersigned, petitioners in the premises, and being ALL OWNERS OF REAL ESTATE in the territory described, consisting of 1.479 acres, more or less, with a total perimeter boundary of 1,859 feet, more or less, in the Township of Jerome, which area is contiguous along 990 feet, more or less, or 53% 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 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 are within the territory so prayed to be annexed TWO (2) OWNERS OF REAL ESTATE. Michael L. Close, Esq., Wiles Boyle Burkholder & Bringardner Co., LPA, whose address is 300 Spruce Street, 15t Floor, Columbus, Ohio 43215, is hereby appointed agent for the undersigned Petitioners, as required by Section 709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendment and/or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the Union County Engineer in his examination of an amended plat and description to the Board of Commissioners on, before, or after the date set for hearing on this Petition. NAME ADDRESS DATE 1. A W 4 1 8668 Hyland Croy Road 7 Robert W. Horr Plain City, Ohio 43064 2. u. 8668 Hyland Croy Road c� 7 Elaine T. Horr Plain City, Ohio 43064 #166697 ......................... ANNEXATION OF 1.479ACRES IN JEROME TOWNSHIP, UNION COUNTY TO CITY OF DUBLIN Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey No. 2925, and being all of 1.500 acre tract (Parcel Number 200-000600) currently owned by Robert W. & Elaine T. Horr as recorded in Official Record 343, Page 408, and being more particularly described as follows: Beginning in the east line of Hyland Croy Drive and Dublin Corporation Line (Ordinance No. 7601, dated 7/23/01) in the south line of said 1.500 acre tract and the north line of a 8.000 acre tract currently owned by Norman I. & Josephine Malik as recorded in Deed Book 340, Page 640, in the centerline of Hyland -Croy Road (C.R. 2D); Thence North 11° 56' 27" West 30.11 feet, along the east line of Hyland -Croy Road, and north line of said 1.500 acre tract and the southline of a 2.009 acre tract currently owned by Sabra L. & William Minyard as recorded in Deed Book 69, Page 189; Thence North 82° 58' 33" East 456.81 feet, in a north line of said 1.500 acre tract and the south line of said 2.009 acre tract, to a point being a southwesterly corner of said 1.500 acre tract and the southeast corner of said 2.009 acre tract; Thence North 07° 01' 27" West 282.22 feet, in the west line of said 1.500 acre tract and the east line of said 2.009 acre tract and of a 1 293 acre tract currently owned by Katina Spanos as recorded in Deed Book 235, Page 122, to a point in the south line of a 32.129 acre tract currently owned by Tartan Development Company West LLC as recorded in Official Record 538, Page 421, and being the northwest corner of said 1.500 acre tract and the northeast corner of said 1.293 acre tract; Thence North 84° 17' 00" East 163.65 feet, in the north line of said 1.500 acre tractand the south line of said 32.129 acre tract, being in the line of said City of Dublin Corporation, to a point being the northeast corner of said 1.500 acre tract and the northwest corner of said 8.000 acre tract; Thence South 07° 01' 27" East 308.48 feet, in a east line of said 1 500 acre tract and the west line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to a point being a southeast corner of said 1 500 acre tract and the a northwesterly corner of said 8.000 acre tract Thence South 82° 58' 33" West 617.84 feet, in a south line of said 1.500 acre tract and the north line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning, containing 1.479 acres, of which 990 feet (58 %) is contiguous with the existing corporation line out of the total 1859 feet of the existing territory to be annexed. This above described parcel does not create any islands of un - incorporation. Corporation lines referenced on are as follows: Ordinance No. T6 -01 is recorded in, Cfficial Record. This above description is for annexation purposes only and not to be used for transfer of property. 929BAN N EX.doc Y � p � O Q h c 0 J t W 40 CL N w oa Z O O J L) Ad . O M J _ � Q d o LLI 3 U O E Z o O O CL Z Q U N M 0 O W t� l R � o I o C O c n W 282.22' a o N 07 i 0 U U� V N q N C14 O t N C N C N O d 0 OQ�IL D U Y c M W NN _ O c Z � Y m 3 O °'Y[) z �o� N Q Z --i m LLJ D v W M 00 e o = N Q 0 V0 a J }Qz x � 01--�m Z t LLJ 0: 3 3 vo � lie 0 � _ �� eN Ci U (n LL. sv •^�$ goo P F- Q O hm g^ c W O,- - Q a zf 21 Z 0- w I ` ` Q m Q w / 7. mo N��27•W CR• ZD� w d JDroy Rd. 2 a cn Hy �an W F' 2 elf C-) u°oM < :3�gMOg (L r N -j ' d a i i z 0 to _onn 1 $ Z U) r l t ic. L ' C Q L LJ 0 ,r 2 L LJ S / � � j 3 (�Z�3WW Z�v LLJ O n Ry Ro O j W LL. 0 m N W ' 4 0 i 0z a4 00 p L a-, 0 0 C °o (n m w z r N\ M O �y RO �� 4 Q Q Q II ma P N a (U $ O �� r` `C7 O ° 3 N z I z cn a 4) o C o a Wd ZL l7, 4 L OOZ/ £Z /o'&�DAat{xauuy86Z6UOOZuosyeM p ' Robert & Elaine Horr Annexation List of Land Owners as Required by R.C. 709.02(D) List of Parcels within Annexation Area Robert & Elaine Horr 8668 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024056.000 List of Parcels Adiacent to Annexation Area City of Dublin Attn: Clerk of Council 5200 Emerald Parkway Dublin, Ohio 43017 Union Co. Parcel Nos. 17- 0024055.102 and 39- 0024040.163 2. Sabra & William Minyard 8698 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024038.000 3. Katina Spanos 8700 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024039.000 4. Norman & Josephine Malik 8640 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 39- 0024059.000 * R.C. 709.02(D) states: "At the time of filing the petition for annexation, the agent for the petitioners also shall file with the clerk of the board a list of all tracts, lots, or parcels in the territory proposed for annexation, and all tracts, lots, or parcels located adjacent to that territory or directly across the road from it when the road is adjacent to it, including the name and mailing address of the owner of each tract, lot, or parcel, and the permanent parcel number from the county auditor's permanent parcel numbering system established under section 319.28 of the Revised Code for each tract, lot, or parcel. This list shall not be considered to be a part of the petition for annexation, and any error on the list shall not affect the validity of the petition. #166701 t STEVE A. STOLTE, PE /PS COUNTY ENGINEER ENVIRONMENTAL ENGINEER County Office Building 233 W. Sixth Street Marysville, Ohio 43040 (937) 645 -3018 *(800) 258 -8278 ext. 3018 *(inside Union County) Fax (937) 645 -3161 Email engineer @co.union. oh. us Website www.co.union.oh.us OFFICE HOURS 7:30 a.m. -- 5:00 p.m. MARYSVILLE OPERATIONS FACILITY 16400 County Home Road Marysville, Ohio 43040 (937) 645 -3017 Fax (937) 645 -3111 RICHWOOD OUTPOST 190 Beatty Avenue Richwood, Ohio 43344 JEFFREY A. STAUCH, PE /PS Assistant County Engineer MARY A. SAMPSEL, PE Assistant County Engineer Chief Building Official To: Board of Commissioners NAR Union County CammissionIs From: Mary Kirk, Mapping Manager 'AA e Date: March 19, 2007 Re: Revised Description for the Annexation to the City of Dublin (1.479 Ac.) — Horr property, along Hyland - Croy Rd. The description and plat (Rev. date March 14` 2007), for the above referenced annexation to the City of Dublin, was reviewed by this office. The following items were found: Annexation Description: Acceptable as per Union County Annexation Policy Annexation Plat: Acceptable as per Union County Annexation Policy If there are any questions about the above results please feel free to contact this office at anytime. COUNTY ENGINEER ENVIRONMENTAL ENGINEER BUILDING REGULATIONS PATRIDGE SURVEYORS & ENGINEERS LLC ANNEXATION OF 1.479ACRES IN JEROME TOWNSHIP,UNION COUNTY TO CITY OF DUBLIN Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey No. 2925, and being part of a 1.500 acre tract (Parcel Number 17 - 0024056.000, Map #137 -00-00- 040.000) currently owned by Robert W. & Elaine T. Horr as recorded in Official Record 343, Page 408, and being more particularly described as follows: Beginning in the east One of Hyland Croy Road (Co. Rd. 2D) and City of Dublin Corporation Li ne (Ordinance No. 76 -01, dated 7/23101) in the south line of said 1.500 acre tract and the north line of a 8.000 acre tract currently owned by Noman I. & Josephine Malik as recorded in Official Record 340, Page 640; Thence North 11 56' 27" West 30.11 feet, along the east line of Hyland -Croy Road, to a point in the north line of said 1.500 acre tract and the south line of a 2.009 acre tract currently owned by Sabra L. & William Minyard as recorded in Official Record 69, Page 189; Thence North 82 58' 33" East 456.81 feet, in a north line of said 1.500 acre tract and the south line of said 2.009 acre tract, to a pant marking the southwesterly comer of said 1.500 acre tract and the southeast comer of said 2.009 acre tract; Thence North 07° 01' 27" West 282.22 feet, in the west fine of said 1.500 acre tract and the east line of said 2.009 acre tract and of a 1.293 acre tract currently owned by Katina Spanos as recorded in Official Record 235, Page 122, to a point in the south line of a 2.442 acre tract currently owned by The City of Dublin (Reserve "W" of Tartan West Section 6, Pt. 3) as recorded in Official Record 700, Page 141, and being the northwest comer of said 1.500 acre tract and the northeast comer of said 1.293 acre tract and in the line of said City of Dublin Corporation; Thence North 84° 17' 00" East 163.65 feet, in the north line of said 1.500 acre tract and the south line of said 2.442 acre tract, being in the line of said City of Dublin Corporation, to a point being the northeast comer of said 1.500 acre tract and the northwest comer of said 8.000 acre tract; Thence South 07 01' 27" East 308.48 feet, in a east line of said 1.500 acre tract and the west line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, t o a pant being a southeast comer of said 1.500 acre tract and the a northwesterly corner of said 8.000 acre tract; Thence South 82 58' 33" West 617.84 feet, in a south One of said 1.500 acre tract and the north line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning, containing 1.479 acres of which 990 feet (58 0 /6) is contiguous with the existing corporation line out of the total 1859 feet of the existing territory to be annexed. This above describ ed parcel does not create any islands of un -incorporation. Corporation lines referenced on are as follows: Ordinance No. 76 -01 is recorded in Official Record. This above description is for annexation purposes only and not to be used for transfer of prope rty. 929BANNEXrev.doc Page 1 of 1 R b cca Rou h From: Corey Colombo Uccolombo @wileslaw.com] S nt: Monday, March 19, 2007 11:44 AM To: Rebecca Roush Subject: Horr update Rebecca - Thank you for your mailing. I spoke to Brad Patridge of the Surveying Company. He confirmed that he made changes to the plat map and legal description based upon the Engineer's recommendations. I am forwarding the revised documents to you (please see attached) in case you have not received them yet. The Agent's affidavit and proof of service were sent by certified mail today. Also, could you let me know which Union County newspapers satisfy the publication requirement? Thank you! Corey J. Corey Colombo, Esq. Wiles Boyle Burkholder & Bringardner Co., L.P.A. 300 Spruce Street Columbus, Ohio 43215 -1173 Tel: (614) 340 -7436 Fax: (614) 221-5692 Email: Iccolombo(cilwilesla PRIVILEGE AND CONFIDENTIALITY NOTICE NOTICE: This message is intended only for use by the named addressee and may contain privileged and/or confidential information. If you are not the named addressee you should not disseminate, copy or take any action in reliance on it. If you have received this message in error please notify the sender and delete this message and any attachments accompanying it immediately. Thank you. IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this email, including attachments, is not intended or written by Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. 3/19/2007 PATRIDGE SURVEYORS & ENGINEERS LLO ANNEXATION OF 1.479ACRES IN JEROME TOWNSHIP,UNION COUNTY TO CITY OF DUBLIN Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey No. 2925, and being part of a 1.500 acre tract (Parcel Number 17 - 0024056.000, Map #137- 00 -00- 040.000) currently owned by Robert W. & Elaine T. Horr as recorded in Official Record 343, Page 408, and being more particularly described as follows: Beginning in the east line of Hyland Croy Road (Co. Rd. 2D) and City of Dublin Corporation Li ne (Ordinance No. 76 -01, dated 7/23101) in the south line of said 1.500 acre tract and the north line of a 8.000 acre tract currently owned by Noman I. & Josephine Malik as recorded in Official Record 340, Page 640; Thence North 11 56' 27" West 30.11 feet, along the east line of Hyland -Croy Road, to a point in the north line of said 1.500 acre tract and the south line of a 2.009 acre tract currently owned by Sabra L. & William Minyard as recorded in Official Record 69, Page 189; Thence North 82° 58' 33" East 456.81 feet, in a north line of said 1.500 acre tract and the south line of said 2.009 acre tract, to a point marking the southwesterly corner of said 1.500 acre tract and the southeast corner of said 2.009 acre tract; Thence North 07° 01' 27" West 282.22 feet, in the west line of said 1.500 acre tract and the east line of said 2.009 acre tract and of a 1.293 acre tract currently owned by Katina Spanos as recorded in Official Record 235, Page 122, to a point in the south line of a 2.442 acre tract currently owned by The City of Dublin (Reserve "W" of Tartan West Section 6, Pt. 3) as recorded in Official Record 700, Page 141, and being the northwest comer of said 1.500 acre tract and the northeast comer of said 1.293 acre tract and in the line of said City of Dublin Corporation; Thence North 84 17' 00" East 163.65 feet, in the north line of said 1.500 acre tract and the south line of said 2.442 acre tract, being in the line of said City of Dublin Corporation, to a point being the northeast corner of said 1.500 acre tract and the northwest corner of said 8.000 acre tract; Thence South 07 01' 27" East 308.48 feet, in a east line of said 1.500 acre tract and the west line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, t o a point being a southeast comer of said 1.500 acre tract and the a northwesterly comer of said 8.000 acre tract; Thence South 82° 58' 33" West 617.84 feet, in a south line of said 1.500 acre tract and the north line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning, containing 1.479 acres of which 990 feet (58 %) is contiguous with the existing corporation line out of the total 1859 feet of the existing territory to be annexed. This above describ ed parcel does not create any islands of un - incorporation. Corporation lines referenced on are as follows: Ordinance No. 76 -01 is recorded in Official Record. This above description is for annexation purposes only and not to be used for transfer of prope rty. 9298ANNEXrev.doc � � ƒ 0- ,lie O % � ` ^ ■%% x �o x z «� 2 e J § om I5' §� °\ E /} %$R 62. 2 a_ ■0� ...... ® ®® � , a t ;m <� � . # � ��` � ■ 2 /k2 § | |\ 1` § §t k $ \ ~ t 0 % o� Q X 20 >2: . o2�m $� e - b z 3t � U LL. %� �/ Q LL. � � W � 0: ` �{ z!�uwL / z � � � x - R■ m 0_A� 3 « w gn d_Cfoy % 2 § 2�I ' , �i i I � o : $§i\ �z z C L � °� ~ A j§ W J■ % ■3 0 O k k$ ° § �o 2 k�� 0 2$ � @ 2 \ N;K ■� /$ kR - .0kk k © a K| zk O 0 , o 2 w= CID ,m_&'BMP ___6ZMm_Pv3X 0 300 Spruce Street, Floor One Columbus, Ohio 43215 -1173 Telephone: 614/221 -5216 Facsimile. 614/221 -5692 www wileslaw.com VIA CERTIFIED MAIL Union County Commissioners Attn: Rebecca Roush, Clerk 233 West 6` Street Marysville, Ohio 43030 jccolombonwileslaw.com May 9, 2007 Re: Annexation Petition for Robert and Elaine Horr Dear Rebecca: MAY 7 (J 2001 Union County Commissioners Enclosed is the proof of publication of the legal notice for the annexation hearing to be held on May 21, 2007. This proof is being submitted to you pursuant to R.C. 709.03(B)(3). This section requires a petitioner to publish a legal notice one (1) time only at least seven (7) days before the hearing. Thank you! Very truly yours, to J. Corey Colombo Enclosure: as stated. cc: Robert and Elaine Horr (via e -mail) #172396 WILES,BOYLE, JAMES W WHEELER DALE DCOOK KHOLDER KERRYTBOYLE (1906199) AND ORIDA BURKHOLDER( JAMES M WILES MARY TEN EYCK TAYLOR J COREY COLOMBO THOMAS A DOUCHER — ADMITTED IN OHIO, , MARK J SHERIFF JAY B EGGSPUEHLFR" CHRISTOPHER G PHILLIPS (1908 -1991) NEW YORK AND THE k THOMAS E BOYLE EUGENE L HOLLINS LAUREN S BRILL DISTRICT OF COLUMBIA BRINGARDN MICHAEL L CLOSE' WILLIAM B BENSON NEIL C SANDER — ADMITTED IN OHIO AND PA Co, LPA RICHARD D BRINGARDNER SAMUEL M PIPINO"' JENNIFER B CASTO ATTORNEYS AT LAW DANIEL E BRINGARDNER C WILLIAM KLAUSMAN STEVEN P ELLIOTT JAMES M HUGHES 300 Spruce Street, Floor One Columbus, Ohio 43215 -1173 Telephone: 614/221 -5216 Facsimile. 614/221 -5692 www wileslaw.com VIA CERTIFIED MAIL Union County Commissioners Attn: Rebecca Roush, Clerk 233 West 6` Street Marysville, Ohio 43030 jccolombonwileslaw.com May 9, 2007 Re: Annexation Petition for Robert and Elaine Horr Dear Rebecca: MAY 7 (J 2001 Union County Commissioners Enclosed is the proof of publication of the legal notice for the annexation hearing to be held on May 21, 2007. This proof is being submitted to you pursuant to R.C. 709.03(B)(3). This section requires a petitioner to publish a legal notice one (1) time only at least seven (7) days before the hearing. Thank you! Very truly yours, to J. Corey Colombo Enclosure: as stated. cc: Robert and Elaine Horr (via e -mail) #172396 S ATE O- OHIO, City of Marysville, ss. Union County. P Ide nally appeared before me and solemn oath, that the - -- -- Ac V k=� - - -- a copy of whl is hereto attached, was published for____ consecutive weeks on and next after__ - - -, 20C A, in The Marysville Journal- Tribune, a newspaper of general circulation in the Cit of Marysville and Union County. -- - - -- -, - -- worn to before me and signed in my presence this_-- day of_l Yv- _ A. D. 20 _ D A -. My commission expires_ -___ Printer's Fees, $ _ _ I ffl i i LEGAL NOTICE Notice is hereby given that a peti- tion signed by a majority of the owners of real estate in 'the terri- tory hereinafter described, ad- dressed to the Board of County, Commissioners of Union County, Ohio, was filed with'the Board, f County Commissioners to anndxj the following described tertitory to the City of Dublin, Ohio, de-_ scribed as follows: Situated in the State of Ohio; County of Union, Township of Jerome,, Virginia Military Survey No. 2925, and being part of a 1.500 acre tract (Parcel NAmber 17- 0024056.000, Map #137-00- 00- 040.000) currently owned, by Robert W. & Elaine T. Hoff as.re- corded in Official Record 343, Page 408, and being more'partic- ularly described as follows: Beginning in the east line of Hy- land -Croy Road (Co. Rd. 2b) and City of Dublin Corporation Line (Ordinance No. 76 -01 "ted 7/23/01) in the south line of, 1.500 acre tract and the north line of a 8.000 acre tract currently owned by Norman I. & Josepl�ine, Malik as recorded in Offrcha Re- cord 340, Page.640; Thence North 11 degrees 56',27" West 30.11 feet, along' the . east line of Hyland -Croy Road, to a point in the north line of said 1.500 acre tract and the south line of a 2.009 acre tract currentlyy, owned by Sabra L. & William Minyard as recorded in Official Record 69, Page 189; Thence North 82 degrees 58' 33" East 456.81 feet, in a north line of said 1.500 acre tract and the south line , of said 2.009 acre tract, to a point marking the southwesterly comer of said 1.500 acre tract and the southeast comer of said 2.009 acre tract; Thence North 07 degrees 01' 27" West 282.22 feet, in the west line of said 1.500 acre tract and the east line of said 2.009 acre tract and of a 1.293 acre tract currently owned by Katina Spanos as re- corded in Official Record 235, Page 122, to a point in the south line of a 2.442 acre tract currently, owned by City of Dublin (Re- serve "W" of Tartan West Section 6, Pt. 3) as recorded in Official Record 700, Page 141, and being the northwest comer of said 1.500 acre tract and the northeast comer of said 1.293 acre tract and in the line of said City of Dublin Corpo- ration; Thence North 84 degrees 17' 00" East 163.65 feet, in the -north line of said 1.500 acre tract and the south line of said 2.442 acre tract, being in the line of said City of Dublin Corporation, to a point be- ing the northeast comer of said 1.500 acre tract and the northwest corner of said 8.000 acitlnlct Thence South 07 degrees 01' 27" East 308.48 feet, in a east line Of said 1.500 acre tract and the w0t line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to a point being a southeast cornet of said ' 1.500 acre tract and the a northwesterly corner of said 8.000 acre tract; Thence South 82 degrees 5$' 33" West 617.84 feet, in a south line of said 1.500 acre tract and the north line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning, containing IA79 acres, of which 990 feet* (58%) js contiguous with the existing cor- poration line out of the total 18$,9 feet of the existing territory to be annexed. This above described parcel does not create any islands of un- incorporation. Corporation lines referenced on are as follows: Ordinance No. 76-0 1 is rec6rd64 in Official Record. Michael L. Close, Esq., 300 Spruce Street, Floor One, Colum- bus, Ohio, 43215, is to act as.the agent for the petitioners. The peti- tion contains an accurate rnap.and plat of the territory to'be=angexed. The petition shall be Iregrd on Monday, May 21'2007, if- a.m., or as soon thereafter as the hearing can begin - before °-the Board of County Commissioners of Union County, in the f,9m6s - sioners Hearing Room, County Office Building, 233 West Sixth Street, Marysville, Ohio. Michael L. Close Petitioners' Agent 05 -05 -1S CITY OF DUBLIN_ April 10, 2007 Dublin City Comal 5200 Emerald Parkway Dublin, OW 43011 -1006 Phone/[DD:614-410-4400 Union County Commissioners Fax: 614 -161 -6590 Attention: Rebecca Roush, Clerk Web Site: www.dublin.oh.us County Office Building Maya 233 West Sixth Street Madlee(hinnkikhercha Marysville, OH 43040 -1526 We Mayor rmmhyatecklder RE: Annexation petition from Michael L. Close, Agent for Petitioners Robert W. and Elaine T. Horr, for 1.479 + /- Acres in Jerome Township, Union Michael H. Keenan County, Y cmhyA Boring Ct to the City of Dublin ihon os M. McCosh John G. Reiner Dear Ms. Roush: Anry J. Solay flak of council Enclosed is a certified copy of Resolution 20 -07 which sets forth a statement of services to Anne C.(larke be provided to this proposed annexation area. The resolution is effective upon passage per the Revised Charter for the City of Dublin. I understand that a hearing date on this petition has been set as May 21, 2007 at 9:00 a.m. by the Union County Commissioners. Please contact me if you need additional information. Sincerely, Anne C. Clarke Clerk of Council cc: Michael L. Close Gary Gunderman Enc. (1) R EGENED AVR 12 2001 union county commissioners RECORD OF RESOLUTIONS Resolution No. 20 -07 Passed 20 1 1 A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 1.479 ACRES, MORE OR LESS, FROM JEROME TOWNSHIP, UNION COUNTY, TO THE CITY OF DUBLIN. WHEREAS, a Regular Annexation petition for 1.479 acres, more or less, from Jerome Township, Union County, to the City of Dublin was filed in the offices of the Union County Commissioners on March 5, 2007, by Michael L. Close, Attorney /Agent for Petitioners, Robert W. and Elaine T. Horr; and WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal Authority shall adopt a statement indicating what services the Municipal Corporation will provide to the territory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation, upon annexation; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREF, RE, 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 1.479 acres, more or less in Jerome Township, Union County upon the annexation of the area to the City of Dublin, Ohio: Police. The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.3 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 land use and population. The closest Washington Township station is approximately 2.2 miles away at Brand 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 currently maintains McKitrick Road in the area of this annexation and will continue to do so at the same levels upon annexation of this property and will add maintenance along Hyland -Croy Road. 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 both agreements. Conditioned upon the ability of the City of Columbus to provide water supply and to provide sufficient sanitary sewerage disposal capacity, RECORD OF RESOLUTIONS Resolution No. 20 -07 Passed Page 2 . 20 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 . �U day of 2007. L4 - -�e- Mayor - Presiding Officer ATTEST Clerk of Council 1 CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 TO: Members of City Council FROM: Jane S. Brautigam, City Manager DATE: April 4, 2007 Memo INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering /City Engineer Steve Langworthy, Director Land Use and Long Range Planning Gary P. Gunderman, Planning Manager Barbara A. Cox, P.E., Engineering Manager — Development Stephen J. Smith, Director of Law Re: Resolution No. 20 -07 - A Resolution Adopting a Statement of Services for a Proposed Annexation of 1.479 Acres, More or Less, from Jerome Township, Union County, to the City of Dublin, Ohio. Request for Fee Waiver Summary On March 5, 2007, attorney /agent Michael L. Close filed an annexation petition, on behalf of Robert W. and Elaine T. Horr with the Union County Commissioners. The petition is for 1.479± acres of land located on the east side of Hyland -Croy Road and south of the Dublin corporation line in Jerome Township to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.02, which is known as a "Regular" annexation. Under this process the City must first, within twenty days prior to the Union County hearing, adopt a resolution relating to municipal services. Resolution No. 20 -07 has been prepared for this purpose and for your consideration. The Union County Commissioners may grant the proposed annexation after a hearing, which has been scheduled for May 21, 2007. If neither the municipality nor the Township object, the Commissioners must grant the proposed annexation, provided all required procedures have been met. This proposed annexation is for 1.479± acres and does not include any additional portion of the rights -of -way of Hyland -Croy Road. Reparations The application was filed as a regular annexation which permits the City to determine the Township designation of the property upon annexation. In previous annexations the City has placed properties within Washington Township in order to secure Washington Township Fire and EMS services. This action requires the City to pay reparations to Jerome Township on a declining scale over a 12 -year period. The calculations for this property fluctuate but are estimated at just under $3,000 for the entire reparations period. Legal staff is working with Mr. Close to ensure the City is reimbursed for the reparations. April 4, 2007 Resolution 20 -07 — Annexation Petition — Horr Property Page 2 of 3 Fee Waiver The applicant has requested that the City waive the annexation fees of $2,670. This area is located within a portion of Jerome Township that is surrounded on three sides by the City of Dublin. Previous waivers have been granted when the area was completely surrounded by the City. Background ZONING and COMMUNITY PLAN The current Jerome Township zoning classification for this property is U -1 Agricultural Low Density District, which allows agricultural and single - family dwellings on a minimum 1.5 -acre with no access to public sewer services. 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 one acre lot on this property. The 1997 Community Plan anticipated annexing this area by the year 2000. 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: Tartan West property to the north, other large lot homes to the east, Jerome High School to the south, and Metro Park and large lot single family to the west in Jerome Township. 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 4.3 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 these services at the same or similar level now being provided to other areas of the City. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin. Most previous annexations in this area have been removed from Jerome Township and placed into Washington Township. The closest station is approximately 2.2 miles away at Brand Road. If changed, 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. 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 Dublin's exclusive annexation area of the Water Service Agreement with the City of Columbus. April 4, 2007 Resolution 20 -07 — Annexation Petition — Horr Property Page 3 of 3 SANITARY SEWER (WASTEWATER) COLLECTION The property is located within Dublin's exclusive annexation area within the Sanitary Service Agreement with the City of Columbus. This property is located within the tributary area of the North Fork Indian Run trunk sewer. This trunk sewer is currently located in the Tartan West subdivision and will be accessible to the subject property via a sewer that was extended to the southern property line of Tartan West. STORMWATER MANAGEMENT AND FLOODPLAIN The property is relatively flat and drains north to south and is located within the tributary of the North Fork Indian Run watershed as defined by the Stormwater Master Plan. This property is located outside any FEMA designated floodplains. ROADS AND STREETS The primary road serving this acreage is Hyland -Croy Road, which is classified as a scenic major arterial and is required to have 80 feet of right -of -way per the current Thoroughfare Plan. Any new roads or streets within a proposed development would be dedicated to the City, and be maintained to the same or similar level being provided to other areas of the city. 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. Recommendation: Staff recommends approval of Resolution 20 -07. Upon City Council's approval, this Resolution will be forwarded to the Union County Commissioners for their required hearing. 0 700 200 Scale 1" = 100' October 31, 2005 Rev. 1123107 Prepare for: Robert W. & Elaine T. Harr PAR, NO. 200- 000600 City of Dublin ANNEXATION PLAT Corporation Line Ord. No. 75 -01 PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED effective dote 712.. AN 1.479 ACRE TRACT, FROM JEROME TOWNSHIP, UNION COUNTY / TO THE CITY OF DUBLIN, OHIO , Katina Spancs 1.293 acre D.B. 235, Pg. 122 FA f a N N r ° o N 'w m ° o N U U PROPOSED CITY OF DUBLIN CORPORA 710N UN . - EXIS77NG CITY OF DUBLIN CORPORATION LINE ® AREA TO BE ANNEXED 130' L -'t Z �o N' a� E `J � 1156 27" W 308.48 N 115757" W -- N 0456'46" W // 1002.03' PATRIDGE PROFESSIONAL SURVEYORS AND ENGINEERS L.L.C. 9464 DUBLIN ROAD POWELL, OHIO 43065 -_ FAX (614) - 799 -0030 xmcraa u,oxEVe TEL. (614)- 799 -0031 ew7 C. R g Rd ✓ "Y.'N _ C9+f 706 G: F "s S / ) < h tt;:. Dev. Co. West LLC :52 acre t. 538, Pg. 4 21 Norman I. & Josephine Malik 8.000 acre D.B. 340, Pg. 640 annex Sabra L. & William Minyard 2.009 acre D.B. 69, Pg. 189 300 Spruce Street, Floor One Columbus, Ohio 43215 -1173 Telephone: 614 /221 -5216 Facsimile: 614/221 -5692 www.wileslaw.com March 10, 2007 VIA REGULAR MAIL Stephen J. Smith, Esq. Schottenstein, Zox & Dunn 250 West Street Columbus, OH 43215 Re: 8668 Hyland -Croy parcel in Union County APPLICATION FEE WAIVER REQUEST Dear Steve: L As previously discussed, this law firm represents Robert and Elaine Horr, who live at 8668 Hyland -Croy Road in Jerome Township. I am serving as the agent for the annexation petition that was filed with the Union County Commissioners on March 5, 2007. 1 filed the petition under the regular annexation method, which still leaves the City with the option to pursue township boundary adjustments in the future. I am aware that the City has an annexation application fee of $2,670. The petitioners request for the Council to waive this application fee as has been done recently for other similarly situated parcels. This parcel is in a "pocket" of township, which is surrounded by the City to the north, east, and south and Dublin owned -land to the west. The annexation will accomplish the "filling out" of an existing township pocket. Please let me know if this can be placed in front of Council for their consideration. Thank you. Sincerely, `1vlichael L. Close cc: Anne Clarke, Dublin Clerk of Council Robert and Elaine Horr #168224 RKHOLDER ARTHUR WILES, BOYLE, D JAMES W. WHEELER DALE D COOK KERRYT BOYLE 190619 9)�� A FLORIDA JAMES M WILES MARY TEN EYCK TAYLOR J COREY COLOMBO THOMAS A. DOUCHER * *ADMITTED IN OHIO, BURKHOLDER MARK J. SHERIFF JAY B. EGGSPUEHLER ** CHRISTOPHER G PHILLIPS (1908 -1991) NEW YORK AND THE THOMAS E. BOYLE EUGENE L. HOLUNS LAUREN S. BRILL DISTRICT OF COLUMBIA BRINGARDNER MICHAEL L. CLOSE* WILLIAM B BENSON NEIL C SANDER ** *ADMITTED IN OHIO AND PA Co., LPA RICHARD D BRINGARDNER SAMUEL M. PIPING'*' JENNIFER B CASTO ATTORNEYS AT LAW DANIEL E. BRINGARDNER C. WILLIAM KLAUSMAN STEVEN P ELLIOTT JAMES M HUGHES 300 Spruce Street, Floor One Columbus, Ohio 43215 -1173 Telephone: 614 /221 -5216 Facsimile: 614/221 -5692 www.wileslaw.com March 10, 2007 VIA REGULAR MAIL Stephen J. Smith, Esq. Schottenstein, Zox & Dunn 250 West Street Columbus, OH 43215 Re: 8668 Hyland -Croy parcel in Union County APPLICATION FEE WAIVER REQUEST Dear Steve: L As previously discussed, this law firm represents Robert and Elaine Horr, who live at 8668 Hyland -Croy Road in Jerome Township. I am serving as the agent for the annexation petition that was filed with the Union County Commissioners on March 5, 2007. 1 filed the petition under the regular annexation method, which still leaves the City with the option to pursue township boundary adjustments in the future. I am aware that the City has an annexation application fee of $2,670. The petitioners request for the Council to waive this application fee as has been done recently for other similarly situated parcels. This parcel is in a "pocket" of township, which is surrounded by the City to the north, east, and south and Dublin owned -land to the west. The annexation will accomplish the "filling out" of an existing township pocket. Please let me know if this can be placed in front of Council for their consideration. Thank you. Sincerely, `1vlichael L. Close cc: Anne Clarke, Dublin Clerk of Council Robert and Elaine Horr #168224 WILES, BOYLE, BURKHOLDER BRINGARDNER Co.,LPA ATTORNEYS AT LAW 300 Spruce Street, Floor One Columbus, Ohio 43215 -1173 Telephone: 614/221 -5216 Facsimile: 614/221 -5692 www.wileslaw.com DANIEL G WILES JAMES W. WHEELER JAMES M. WILES MARK J, SHERIFF THOMAS E. BOYLE MICHAEL L. CLOSE' RICHARD D. BRINGARDNER DANIEL E, BRINGARDNER STEVEN P. ELLIOTT BRUCE H.BURKHOLDER DALE D. COOK MARY TEN EYCK TAYLOR JAY B.EGGSPUEHLER" EUGENE L. HOLLINS WILLIAM B. BENSON SAMUEL M PIPINO * ** C, WILLIAM KLAUSMAN JAMES M. HUGHES MARK C, MELKO KERRY T BOYLE J. COREY COLOMBO CHRISTOPHER G. PHILLIPS LAUREN S. BRILL NEIL C. SANDER JENNIFER B. CASTO March 10, 2007 VIA CERTIFIED MAIL RETURN RECEIPT REOUESTED Clerk of Council Attn: Anne Clarke City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 Re: Notice of Annexation Petition Dear Clerk of Council: ARTHUR W. WILES (1906 -1989) THOMAS A. DOUCHER (1908-1991) *ADMITTED IN OHIO AND FLORIDA — ADMITTED IN OHIO, NEW YORK AND THE DISTRICT OF COLUMBIA ** *ADMITTED IN OHIO AND PA As agent for the petitioners, I am required by R.C. §709.023 to provide you notice that an annexation petition was filed on March 5, 2007 with the Union County Board of Commissioners. Attached to this correspondence is a true and accurate copy of the annexation petition. The Union County Commissioners will vote upon whether to approve the annexation on May 21, 2007 at their 9 a.m. meeting. The meeting will be held in the County Commissioners' hearing room, 233 West 6 th Street, in Marysville. Please do not hesitate to contact me at (614) 221 -5216 if you have any questions. Sincerely, Michael L. Close Enclosure As stated. #168231 0 • UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040 -1526 (937) 645 -3012 FAX (937) 645 -3002 TOM McCARTHY GARY LEE CHARLES HALL REBECCA ROUSH CAROL SCHEIDERER Clerk Asst. Clerk COMMISSIONERS JOURNAL 47 — PAGE 68 — MARCH 8.2007 RESOLUTION NO. 120-07 RE: RECEIVED PETITION FOR ANNEXATION TO THE CITY OF DUBLIN OF 1.479 ACRES, MORE OR LESS, IN THE TOWNSHIP OF JEROME, UNION COUNTY. OHIO — MICHAEL L. CLOSE, ESQ. AGENT FOR THE PETITIONERS — ROBERT W. AND ELAINE T. HORR — REGULAR ANNEXATION A motion was made by Tom McCarthy and seconded by Gary Lee to approve the following: WHEREAS, a petition for annexation was filed on Monday, March 5, 2007, naming Michael L. Close, Esq. Agent for the Petitioners, and praying for annexation to the City of Dublin, Township of Jerome, Union County, Ohio and WHEREAS, said petition represents real estate situated in the Township of Jerome, Union County, Ohio which is contiguous along 990 feet, more or less, or 53% is contiguous to the Cityof Dublin. There are two (2) owners of real estate. THEREFORE, BE IT RESOLVED, that said petition for annexation be and is hereby received, and pursuant to Section 709.02 of the Ohio Revised Code, shall be referred to the County Engineer for review and thereafter shall be heard on Monday, May 21, 2007 at 9:00 a.m. in the Commissioners Hearing Room, County Office Building, 233 West Sixth Street, Marysville, Ohio. A roll call vote resulted as follows: CC: City of Dublin Village of Jerome Michael Close, Agent Co. Auditor Co. Engineer Co. Recorder File Charles Hall, Yea Gary Lee, Yea Tom McCarthy. Yea 5 2007 clrr of Dip,— — PETITION FOR MAJORITY -OWNER ANNEXATION (PURSUANT TOR. C. SECTION 709.02, ET. SEQ.) TO THE CITY OF DUBLIN OF 1.479 ACRES, MORE OR LESS IN THE TOWNSHIP OF JEROME TO THE BOARD OF COUNTY COMMISSIONERS OF UNION COUNTY, OHIO The undersigned, petitioners in the premises, and being ALL OWNERS OF REAL ESTATE in the territory described, consisting of 1.479 acres, more or less, with a total perimeter boundary of 1,859 feet, more or less, in the Township of Jerome, which area is contiguous along 990 feet, more or less, or 53% 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 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 are within the territory so prayed to be annexed TWO (2) OWNERS OF REAL ESTATE. Michael L. Close, Esq., Wiles Boyle Burkholder & Bringardner Co., LPA, whose address is 300 Spruce Street, 1 St Floor, Columbus, Ohio 43215, is hereby appointed agent for the undersigned Petitioners, as required by Section 709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendment and /or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the Union County Engineer in his examination of an amended plat and description to the Board of Commissioners on, before, or after the date set for hearing on this Petition. NAME ADDRESS DATE 1. 8668 Hyland Croy Road q1 - 7 Robert W. Horr Plain City, Ohio 43064 2. u 8668 Hyland Croy Road Elaine T. Horr Plain City, Ohio 43064 #166697 • • • • •• • • ANNEXATION OF 1.479ACRES IN JEROME TOWNSHIP,UNION COUNTY TO CITY OF DUBLIN Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey No. 2925, and being all of 1.500 acre tract (Parcel Number 200 - 000600) currently owned by Robert W. & Elaine T. Horr as recorded in Official Record 343, Page 408, and being more particularly described as follows: Beginning in the east line of Hyland Croy Drive and Dublin Corporation Line (Ordinance No. 7601, dated 7/23/01) in the south line of said 1.500 acre tract and the north line of a 8.000 acre tract currently owned by Norman I. & Josephine Malik as recorded in Deed Book 340, Page 640, in the centerline of Hyland -Croy Road (C.R. 2D); Thence North 11° 56' 27" West 30.11 feet, along the east line of Hyland -Croy Road, and north line of said 1.500 acre tract and the southline of a 2.009 acre tract currently owned by Sabra L. & William Minyard as recorded in Deed Book 69, Page 189; Thence North 82° 58' 33" East 456.81 feet, in a north line of said 1.500 acre tract and the south line of said 2.009 acre tract, to a point being a southwesterly corner of said 1.500 acre tract and the southeast corner of said 2.009 acre tract; Thence North 07° 01' 27" West 282.22 feet, in the west line of said 1.500 acre tract and the east line of said 2.009 acre tract and of a 1.293 acre tract currently owned by Katina Spanos as recorded in Deed Book 235, Page 122, to a point in the south line of a 32.129 acre tract currently owned by Tartan Development Company West LLC as recorded in Official Record 538, Page 421, and being the northwest corner of said 1.500 acre tract and the northeast corner of said 1.293 acre tract; Thence North 84° 17' 00" East 163.65 feet, in the north line of said 1.500 acre tractand the south line of said 32.129 acre tract, being in the line of said City of Dublin Corporation, to a point being the northeast corner of said 1.500 acre tract and the northwest corner of said 8.000 acre tract; Thence South 07° 01' 27" East 308.48 feet, in a east line of said 1.500 acre tract and the west line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to a point being a southeast corner of said 1.500 acre tract and the a northwesterly corner of said 8.000 acre tract Thence South 82° 58' 33" West 617.84 feet, in a south line of said 1.500 acre tract and the north line of said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning, containing 1.479 acres, of which 990 feet (58 %) is contiguous with the existing corporation line out of the total 1859 feet of the existing territory to be annexed. This above described parcel does not create any islands of un - incorporation. Corporation lines referenced on are as follows: Ordinan ce No. T6-01 is recorded it Official Record. This above description is for annexation purposes only and not to be used for transfer of property 9298AN N EX. doc 0 700 200 Scale 1" = 100' October 31, 2005 Rev. 1123107 Prepare for: Robert W. & Elaine T. Harr PAR, NO. 200- 000600 City of Dublin ANNEXATION PLAT Corporation Line Ord. No. 75 -01 PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED effective dote 712.. AN 1.479 ACRE TRACT, FROM JEROME TOWNSHIP, UNION COUNTY / TO THE CITY OF DUBLIN, OHIO , Katina Spancs 1.293 acre D.B. 235, Pg. 122 FA f a N N r ° o N 'w m ° o N U U PROPOSED CITY OF DUBLIN CORPORA 710N UN . - EXIS77NG CITY OF DUBLIN CORPORATION LINE ® AREA TO BE ANNEXED 130' L -'t Z �o N' a� E `J � 1156 27" W 308.48 N 115757" W -- N 0456'46" W // 1002.03' PATRIDGE PROFESSIONAL SURVEYORS AND ENGINEERS L.L.C. 9464 DUBLIN ROAD POWELL, OHIO 43065 -_ FAX (614) - 799 -0030 xmcraa u,oxEVe TEL. (614)- 799 -0031 ew7 C. R g Rd ✓ "Y.'N _ C9+f 706 G: F "s S / ) < h tt;:. Dev. Co. West LLC :52 acre t. 538, Pg. 4 21 Norman I. & Josephine Malik 8.000 acre D.B. 340, Pg. 640 annex Sabra L. & William Minyard 2.009 acre D.B. 69, Pg. 189 Robert & Elaine Horr Annexation List of Land Owners as Required by R.C. 709.02(D) List of Parcels within Annexation Area Robert & Elaine Horr 8668 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024056.000 List of Parcels Adjacent to Annexation Area City of Dublin Attn: Clerk of Council 5200 Emerald Parkway Dublin, Ohio 43017 Union Co. Parcel Nos. 17- 0024055.102 and 39- 0024040.163 2. Sabra & William Minyard 8698 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024038.000 3. Katina Spanos 8700 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 17- 0024039.000 4. Norman & Josephine Malik 8640 Hyland -Croy Road Plain City, Ohio 43064 Union Co. Parcel No. 39- 0024059.000 . R.C. 709.02(D) states: "At the time of filing the petition for annexation, the agent for the petitioners also shall file with the clerk of the board a list of all tracts, lots, or parcels in the territory proposed for annexation, and all tracts, lots, or parcels located adjacent to that territory or directly across the road from it when the road is adjacent to it, including the name and mailing address of the owner of each tract, lot, or parcel, and the permanent parcel number from the county auditor's permanent parcel numbering system established under section 319.28 of the Revised Code for each tract, lot, or parcel. This list shall not be considered to be a part of the petition for annexation, and any error on the list shall not affect the validity of the petition. #166701 • - • acre JEROME 'OWNSHIP AR n U Z O Z Glacier Ridge I > - Metro Park E �� F- — - O Riviera Country Club U Z J Y Z Q U- Dublin Jerome High School W Gl acier Ridge /Metro Park JER ME N OW HIP Oak Park DUBLIN 07- 015ANNEX - HorrAnnexation 0 750 1,500 Feet