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Home My WebLink About28-03 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Co" Form No, 30045 Ii I! Resolution No, nnn18::Q3n Passed " " , ......., I' YEAR -~_._------."- --G .~--_._---- !i Ii A RESOLUTION TO SET FORTH A STATEMENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 1.186, MORE OR LESS ACRES FROM CONCORD TOWNSHIP, DELAWARE COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023 OF THE OHIO REVISED CODE. WHEREAS, a petition for an Expedited II method of annexation of 1.186, more or less acres from Concord Township, Delaware County was filed in the offices ofthe Board of County Commissioners of Delaware County, Ohio on May 22, 2003 by Robert E. Albright, 600 South High Street, Columbus, Ohio 43215, Agent for Petitioner South Heidelberg, Inc., 4333 Sharon A venue, Columbus, Ohio 43214; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(D) ofthe Ohio Revised Code, authorizes the Delaware County Commissioners to grant the annexation by resolution, without a formal hearing, at their next regular session that is scheduled 25 days after the petition is filed, should neither the City of Dublin nor Concord Township object to the annexation; and WHEREAS, should either the City of Dublin or Concord Township object to the annexation within 25 days of the petition being filed, the Delaware County Commissioners would review the petition on a limited basis, without a formal hearing, within 30-45 days after the petition is filed and would grant the petition if all the criteria are met in 709.023(E); and WHEREAS, Section 709.023(C) ofthe Ohio Revised Code requires that, within 20 days after the date that the petition is filed, the legislative authority ofthe municipal corporation to which annexation is proposed adopt an ordinance or resolution stating what services the municipal corporation will provide, and an approximate date by which it will provide them, 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 the Village of Shawnee Hills; 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, THERE&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 immediately upon annexation, if not sooner by agreement of all relevant parties, for the 1,186, more or less acres in Concord Township, Delaware County upon the annexation ofthe area to the City of Dublin, Ohio: Police. The City provides Police and Communications service on a twenty- four hour basis and also has mutual aid agreements with other municipalities. The annexation area lies approximately three miles northwest of Dublin's Police substation on Hard Road. Dublin operates with a minimum of four cruisers on duty. A response time of approximately five minutes for an emergency situation should be expected for this area. RECORD OF RESOLUTIONS Dayton legal Blank Co" Farm No, 30045 Ii II R I ' N Passed " ,uu uuPage2uu, ===--=,====c- 1 eso utwn 0, uu28-0Ju YEAR I I' Fire. Fire and emergency medical services protection is currently provided by well-staffed departments in Concord and Washington townships. They, too, have mutual aid agreements with other municipalities and townships. This annexation would not change fire department jurisdictional boundaries, and therefore response times for fire and emergency medical services will not be affected. Sanitation. Residential refuse collection services are contracted by the City and are currently provided at no additional charge. These services will be provided to the annexation area upon annexation. Street Maintenance. The City's Streets and Utilities Division provides excellent service in the area of street and road maintenance and has adequate staffing to provide these services to the annexation area upon annexation. Finances. The City is financially capable of providing all necessary services to the annexation area upon annexation. Section 2. The City has SEWER and WATER service area contracts with the City of i Columbus, and the subject property is within the service areas. The annexation area ! I already receives WATER service from the City of Columbus and this will remain I unchanged by the annexation. The City of Dublin will provide SEWER services to the annexation area upon annexation if not sooner by agreement of all relevant parties. I i Section 3. This resolution shall be effective immediately upon its passage as I ! provided under Section 4.04(a) of the Revised Charter. i I I Passed this etfA day of ~ ,2003. ~cer I I i i I ATTEST: I i I I ~ (L~ Clerk of Council i I i I 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, ~ MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Anne Clarke, Clerk of Council FROM: Stephen J. Smith, Law Director Jennifer D. ReadIer J. Corey Colombo DATE: June 5, 2003 RE: Resolutions 28-03 and 29-03 On May 22, 2003, attorney/agent Robert E. Albright filed an annexation petition, on behalf of South Heidelberg Inc., with the Delaware County Commissioners. The petition is for a portion of the Bogey Inn property, 1.186 acres in Concord Township to be annexed into the City of Dublin. The South Heidelberg petition was filed pursuant to R.c. 709.023(B), which is also known as the "Expedited Two" method of annexation. On May 23, 2003, notice of filing of the annexation petition was submitted to Dublin Clerk of Council. The "Expedited Two" method of annexation has some timing requirements that are extremely demanding on municipalities. First, within twenty (20) days after the petition is filed, the municipality must adopt an ordinance or resolution relating to municipal services. Second, within twenty (20) days after the petition is filed, the municipality 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. This office has prepared both of these resolutions for your consideration. The county commissioners shall 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 (25) days of the petition being filed. Should either the municipality or township object, the commissioners must grant the proposed annexation, without a hearing, if certain criteria in R.C. 709.023 have been met. It appears that the proposed annexation area meets all criteria for approval. As always, please contact this office if you have any questions or wish to further discuss this matter. {H0330320,2 i . ' ~' , NOTTeR OF FTT.TNn OF PRTTTTON FOR ANNRXATTON To: Ms. Anne C. Clarke, Clerk of the City of Dublin, Ohio Dublin City Hall 5200 Emerald Parkway Dublin, OH 43017 Telephone: 761-6500 Re: Proposed annexation of 1.186+- acres in Concord Twp., Delaware County, Ohio to the City of Dublin, Ohio; my file number 76545-005 In accordance with Section 709.023(B) of the Ohio Revised Code, notice is hereby given that a petition for annexation to the City of Dublin, Ohio, for 1.186 acres, more or less, in Concord Township, Delaware County, Ohio, was filed with the Board of County Commissioners of Delaware County, Ohio, on May 22, 2003 at 3:16 P. M. Attached hereto and made a part hereof is the petition for annexation to which the legal description of the 1.186+- acres and the plat therefor are attached. Date: May 23, 2003 R bert E. Albright, Agent for Petitioner 600 South High Street Columbus, OH 43215 Telephone: 614-228-5711 g: \users \j rc \rea \citnotpe , . PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, OHIO OF 1.186 ACRES, MORE OR LESS,IN CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO Now comes the undersigned, petitioner in these premises and being the owner of a certain area as hereinafter described, consisting of 1.186 acres, more or less, in Concord Township, Delaware County, Ohio, which is con tiguous and adj acen t to the City of Dublin, Ohio, according to the statutes of the State of Ohio. Said area is situated in the Township of ::oncord, County of Delaware and State of Ohio; and an accurate legal jescription of the per~eter is attached hereto and made a part hereof as Exhibit "A", and an accurate map of the territory proposed for annexation is attached hereto and made a part hereO'f as Exhibit "B", Robert E. Albright,-of 600 South High Street, Columbus, OH 43215, is the person to act as agent for the undersigned petitioner as required by Section 709.02 of the Ohio Revised Code. 'Uris ~tition is for an Expedited II annexation, under Sections 709.021 and 709.023, Chio Revised Code. The person who signed this petition is the owner of the real estate located within the territory proposed for annexation and constitutes all of the owners of the real estate in that territory. WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE. Lot No.or Date Name Address Acreage Signed SOUTH HEIDELBERG, 4333 Sharon Ave. INC. (an Ohio Columbus, OH corporation) 43214 1.186+- Ac. May 19 , 2993 ----- :..--..1' i Sole Owner ":'''1-' -.: r- #,...' . 0..._ B ~ ~~ ~:~ u \_--:) C"") By : f7 yt9 51 rri -. ;::.~ ;;;; .--- ( .) _.. , --::.;: President ,_,I ~.~ '::; ::; (;, "-" q:\users\jrc\rea\anpetnew-76545-005 ..-. . .'mYl!r.s~gilllCID 2740 East Main Street EXHIBIT "A" Bexley, Ohio 43209-2577 May 17,2001 (614) 235-8677 Revised August 3, 2001 Telefax 235-4559 Revised May 12,2003 I Revised May 20, 2003 Expedited II AllItexation/ORC 709.021 & 709.023 Description of a 1.186 Acre Tract of Land Located on tlte Soutlterly Side of Glick Road, Concord Township, Delaware COllnty, Ohio TO: City of Dublin, Ohio , FROM: Concord Township, Delaware County, Ohio 'i .. Situated in the State of Ohio, County of Delaware, Township of Concord, part of Virginia Military Survey No, 2545, being the 1 Acre and 0,186 Acre tract ofland conveyed to South Heidelberg Inc" as shown of record in Deed Book 506, Page 465 and Deed Book 506, Page 462, respectively, Delaware County Recorder's Office and being more particularly described as follows: , Beginning at the northwest corner of said 1 Acre tract, being on the southerly line of Glick Road (50 feet wide), also being on the easterly existing Village of Shawnee Hills Corporation Line, as established by a Village of Shawnee Hills Ordinance No, 184 and shown of record in Plat Book 10, Page 94; Thence, along a curve to the left, along the southerly line of said Glick Road, and along part of the northerly line of said 1 Acre tract, South 89 degrees 09 minutes 19 seconds East, 247.05 feet to a point of tangency; Thence, along the southerly line of said Glick Road, along part of the northerly line of said 1 Acre tract, North 81 degrees 33 minutes ~ 1 seconds East, 17.10 feet to the northeast corner of said 1 Acre tract; Thence, along the easterly line of said 1 Acre tract, South 16 degrees 05 minutes 49 seconds East, 137,10 feet to the southeast corner of said 1 Acre tract, the northeasterly corner of said 0.186 Acre tract; Thence, along the easterly line of said 0.186 Acre tract, South 34 degrees 49 minutes 12 seconds East, 36,94 feet to the southeasterly corner of said 0.186 Acre tract, . Continued. . .. . . , , .. '- , . 2 and being on a northerly existing City of Dublin Corporation Line, as established by a City of Dublin Ordinance No. 10-02 and shown of record in Plat Cabinet 2, Slide 730; Thence, along part of the southerly line of said 0,186 Acre tract, and along said existing City of Dublin Corporation Line, South 73 degrees 49 minutes 10 seconds West, 36.31 feet to an angle point in said line; Thence, along part of the southerly line of said 0.186 Acre tract, and cilong said existing City of Dublin Corporation Line, South 80 degrees 39 minutes 02 seconds West, 36.91 feet to an angle point in said line; Thence, along part of the southerly line o! said 0.186 Acre tract, and along said existing City of Dublin Corporation Line, South 78 degrees 44 minutes 29 seconds West, 68.92 feet to an angle poiI},Lin said line; Thence, along pali of the southerly line of.said 0.186 Acre tract, and along said existing City of Dublin Corporation Line, South 71 degrees 45 minutes 11 seconds West, 123.46 feet to an angle point in said line; .. Thence, along part of the southerly line of said 0.186 Acre tract, and along said existing City of Dublin Corporation Line, South 71 degrees 38 minutes 28 seconds West, 89,17 feet to the southwesterly corner of said 0,186 Acre tract; Thence, along the westerly line of said 0,186 Acre tract, and along said existing City of Dublin Corporation Line, North 16 degrees 02 minutes 09 seconds West, 20,02 feet to the northwesterly corner of said 0,186 Acre tract, also being on said existing I Village of Shawnee Hills Corporation Line; Thence, along part of the northerly line of said 0.186 Acre tract, also along said ; existing Village of Shawnee Hills Corporation Line, North 71 degrees 38 minutes 28 seconds East, 88,38 feet to the southwesterly corner of said 1 Acre tract; ':. Thence, along the westerly line of said 1 Acre tract, also along said existing : Village of Shawnee Hills Corporation Line, North 15 degrees 55 minutes 49 seconds :J West, 220.90 feet to the place of beginning CONTAINING 1.186 ACRES, MORE OR " ;, .j LESS, Basis of bearings as per Deed Book 506 Pages 462 and 466. This description is : prepared from records only. """".".","IM'"",.""",,,,, ..... ~ €. 0 F 0 ."'. Myers Surveying Company Inc. <I' t>-.: 'It.. ", ...~, ..,-..-.... yo 0 ~" ~f?~ / ~ /'.....~~SEP~"."\ \\ i I p, ,;*l Joseph P. Myers P.S, #7361 i * i MYERS 1 ! \ ~ \ ~ 7361 <:1 / Cc j JPMnans(40041601) ~ ~\~ <G;.'~! \ ~ ........G/ST~~..'.. ./ ". <<:i'" " ~ . i .... 0' '.......... ~ .... ; .~.... SIGNAL <o~ .,..... ................M............". ~;J , , '.; fJ Q '... ----- :l - $ II \ "C. Scale: I": 60' \ be r Q , ,de ",e\ ' sou\~ . Date: 5-/6-200/ \..\"e corP' rev 8-3-2001 ) ",i\\S 94 4-16- 2003 (nole ( S~o...~e \0, Po G. rev Qe 0 . Po B. re v 5-12- 2003 (corp,) "i\\O ded \" rev 5 - 20 - 2003 ~brg/dls11misc:) E~iS\i"Q 94, RecOf d NO. \ or . Loco tion Map nts G) ::tl " r "'" LEGEND "'" - OJ -0 ~ " ^ o:l Area to be Annexed ~ /~F~ - 0[ - l', ~~ ......--.......7'/0 '\ I ,t'a,/ JOSEPH \. \ E { \ \ ,:: ',', ~ P. : * ! (") c::. f*r MYERS i i z · \ r- a> Z : \ ~ \1\ 7315~ ":, CD NOTES: N ~ \~~/ . ... 0 (Jl ";UJ 1) Total length of contiguity with Boundary of Dublin = 374 L.F. .....#....fSS/ONAL ~~~ , : _ UJ Q. " 2) Total length of the perimeter of the 1.186 Acre = 1122 L.F. 0 .. - .. -. ~-- ,;':1 Q. - 3) We hereby certify that the Total Percentage of perimeter contiguity = 33 % - - fTI BY.~ ;fii~ - -;;- 4) No island of unincorporated area is being created by this annexation, c n . Joseph , Myers .. . mYl!r.s~~ggp",OJJ 60 PROPOSED ANNEXATION \ of Columbus ( Exped ded III ORe Sec,709,02\ 8. 709.023 2740 East Main Street ~llr city Situated in the State of Ohio, County of Delaware, Township of Concord, part of ,?>G ' .' ~ Bexley; Ohio 43209 . \'2. Virginia Military Survey No. 2545, being 1.186 Acres +/- to be Annexed to the 00,9 (614) 235-8677 -;lll s City of Dublin :relefax 235-4559