63-08 ResolutionRECORD OF RESOLUTIONS
Dayton Legal Blank. Inc.. Form No 30045
Resolution tVo.
63-08
P~rssed
20
A RESOLUTION ADOPTING A STATEMENT OF
SERVICES FOR A PROPOSED ANNEXATION OF 1.25
ACRES, MORE OR LESS, FROM PERRY TOWNSHIP,
FRANKLIN COUNTY, TO THE CITY OF DUBLIN.
WHEREAS, a Regular Annexation petition for 1.25 acres, more or less, from
Perry Township, Franklin County to the City of Dublin was filed in the offices of
the Franklin County Commissioners on July 30, 2008, by Michael L. Close,
Attorney/Agent for Petitioners, BVH Associates LLC; and
WHEREAS, Section 709.03 (D) 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 area
contained in the Dublin Community Plan, adopted by Council on December 10,
2007.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. The City of Dublin will provide the following municipal services
for the 1.25 acres, more or less in Perry Township, Franklin 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 2.1 miles away
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 4,476 feet away (Wash. Twp. Station #92) on Hard 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
Riverside Drive and Tuller Road in the area of this annexation and will continue to
do so at the same levels upon annexation of this property.
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
Dayton Legal Blank. Inc.. Form No. 30045
63-08 Page 2
Resohrtia: No. Passed ~, 20
sufficient public water distribution and sanitary sewer collection systems exist in
this area to serve this property at the current time.
Section 3. This resolution shall be effective immediately upon passage, as
provided under Section 4.04(a) of the Revised Charter.
Passed this day of , 2008.
Mayor -Presiding Officer
ATTEST
Clerk of Council
Office of the City Manager
CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490 Me m o
TO: Members of City Council
FROM: Jane S. Brautigam, City Manager ~ for-SSl3
DATE: August 14, 2008
INITIATED Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer
BY: 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 63-08 - Adopting a Statement of Services for a Proposed
Annexation of 1.25 Acres, More or Less, from Perry Township,
Franklin County, to the City of Dublin, Ohio.
Summary
On July 30, 2008, attorney/agent Michael L. Close filed an annexation petition, on behalf of
BVH Associates LLC with the Franklin County Commissioners. The petition is for 1.251 acres
of land, located at the northeast comer of Riverside Drive and Tuller Road in Perry Township,
which is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.02,
which is also known as the "Regular" annexation process.
Under this process the City must adopt and provide a resolution relating to municipal services by
20 days prior to the Franklin County Commissioners' hearing. Resolution 63-08 has been
prepared for this purpose and for your consideration.
The Franklin County Commissioners may grant the proposed annexation after a hearing
scheduled for October 7, 2008. 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 1.251 acres and does not include any additional portion of the
rights-of--way of Riverside Drive or Tuller Road. In this area, both rights-of--way are already
within the City of Dublin, although some of the right-of--way is an easement that will be
dedicated to the City of Dublin according to the terms of apre-annexation agreement.
Pre Annexation AgreeTnents
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 in Washington Township in order to secure Washington Township Fire and
EMS services. This action requires the City to pay reparations to Perry Township on a declining
Memo re Resolution 63-08 - Statement of Services
August 14, 2008
Page 2
scale over a 12-year period. The Pre-Annexation Agreement commits the petitioner to
compensate Dublin for all reparation payments. The Pre-Annexation Agreement also commits
the petitioner to bring the Property into compliance with the Dublin Landscaping Code to the
extent possible, bring all current and future signs into compliance with the Dublin Sign Code,
dedicate additional right-of--way for Riverside Drive, and to combine the two lots involved in this
petition.
Background
ZONING and COMMUNITYPLAN
The current Perry Township zoning classification for this property is Community Commercial,
which allows a wide range of retail and service uses, including a Veterinary Clinic and office.
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, and offices of veterinarians when located on parcels 'of
five acres and as approved by a conditional use. The existing veterinarian office will be non-
conforming until the zoning is amended or the site is redeveloped.
The 2007 Community Plan anticipated annexing this area. The adopted Future Land Use Map
calls for Standard Office use for the entire tract. The existing adjacent properties include: Vacant
R-1 zoning to the west, north and east; and vacant Community Commercial zoning across Tuller
Road to the south.
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 2.1 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. All
previous annexations in this area have been removed from Perry Township and placed into
Washington Township. The closest station is approximately 4,476 feet away (Wash. Twp.
Station #92) at Hard Road. If approved, 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.
Memo re Resolution 63-08 - Statement of Services
August 14, 2008
Page 3
Water Distribution
The property is located within the exclusive annexation area of the Water Service Agreement
with the City of Columbus. A 12-inch waterline is located on the south side of Tuller Road and
will serve this property.
Sanitary Sewer Collection
The property is located within the exclusive annexation area within the Sanitary Service
Agreement with the City of Columbus. This property is located within the tributary area of the
West Scioto Interceptor trunk sewer which runs along Riverside Drive. A 12-inch sanitary sewer
is located in the center of Tuller Road which will serve this property.
Stormwater Management and Floodplain
The property has significant topography and generally drains from east to west toward the Scioto
River. This property is located in the East Unconsolidated Watershed as defined by the
Stormwater Master Plan. This property is located outside any FEMA designated floodplains.
Roads and Streets
The primary roads serving this property are Riverside Drive and Tuller Road. Per the
Thoroughfare Plan, Riverside Drive is classified as a major arterial with 112 feet ofright-of--way
and Tuller Road is a collector with 80 feet of right-of--way. Any new roads or streets, within a
proposed development, which would be dedicated to the City, would be maintained to the same
degree and extent that these public facilities are maintained in areas with similar land use and
population.
Recommendation
This property was identified within the proposed annexation areas of the Community Plan and.is
located within the exclusive Dublin service area as defined in the water and sewer agreements
with the City of Columbus. Approval of Resolution 63-08 regarding the Statement of Services is
recommended. Upon City Council's approval, the approved Resolution will be forwarded to the
Franklin County Commissioners for their required hearing.
BVH Associates Annexation
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W1LES, BOYLE,
BURKHOLDER~'•'
BRINGARDNE~
CO,.LPA
ATTORNEYS AT IAW
303 Spruce Street f-laor One
Columbus. Ohio 4327 5-7 7 73
TelePha~e: 614/227-5276
Facsimile: 674/227-5692
vJWW,N'1e518W.COrtt
DANIEL G. 1V:LES DALE D. COOK
JAN.ES.v,.WLS NJ~RY TEN EYOlc TAYLOR
MARK J. SREPoFF JAY 6. `cGG6WE1t F.R"
IHOW S E, BGYLE EUGENE L. NDLIJNG
M5'CMAEL L CLOSE' Y/!LLtMrt 8. BEIV50N
RICHMiD D. BRUJGf33DNER SAMUEL M. RRNO"'
DANIEL E. BRINGAIYNJER G. VviLLNM K1.4'JSMAiJ
StEVElJ P ELLFDii THCMMS L HA.4T
BRUCE H. BURIGi'JLDEF. JPNES M. RUCRES
AM4K C. MFIKO (7906~t9691
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J. CCREV COLOMBO p9pgq~71
GNa'.STO?-~rF G. PHILU?S
LAUREN S. 6FRL
NEIL G SPNYIER
JENNIFER 6. ClSTO
AucA E. u,MBEUJ
j ccolombo(a~wileslaw.com
July 30, 2008
VIA CERTIFIED MAIL
Clerk of Council
Attn: Anne Clarke
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Re: Notice of Annexation Petition Pursuant to R.C. §709.033
Dear Clerk of Council:
'ADMmED w oR~o
AND FLOPADC.
.•PDMfi-fED IN Ckilp.
NEW YORK AND TI1E
DISTRICT OF Ca.U?d6W
JAY B, EGGSPUEF.LER. ESO., L! G
^'ADMfTED IN 04:0 AND
FENNSYLVANiH
This office serves as agent for annexation petitioner BVH Associates. As agent, we
are required by R.C. §709.033 to provide you notice that an annexation petition was
filed on July 30, 2008 with the Franklin County Development Department.
Attached to this correspondence is a true and accurate copy of the annexation
petition.
The Franklin County Commissioners will vote upon whether to approve the
atmexation on October 7, 2008 at their 9 a.m. meeting. The meeting will be held in
the County Commnissioners' hearing room, 373 South High Street, 26th Floor,
Columbus, Ohio, 43215. Please do not hesitate to contact me at (614) 221-5216 if
you have any questions. Thank you.
Sincerely,
~~~~-
J. Corey Colombo
Encl.
cc: Michael L. Close, Esq.
Jennifer D. Readier, Esq.
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PETITION FOR MAJORITY-OWNER ANNEXATION
(PURSUANT TO R.C SECTION 709.02, ET. SEQ.)
TO THE CITY OFDUBLIN
OF L25 ACRES, MORE OR LESS
INTHE TOWNSHIP OFPERRY
TO THE BOARD OF COUNTYCOMMISSIONERS
OF FRANKLIN COUNTY, OHIO
The undersigned, petitioners in the premises, and being ALL OWNERS OF REAL
ESTATE in the territory described, consisting of 1.25 acres, more or less iu the Township of
Perry, and contiguous to the City of Dublin, do hereby pray that said temtory 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 amiexed are
attached hereto and made part hereof.
In support of said Petition, your petitioner states that there is within the territory so
prayed to be annexed ONE (1) OWNER OF REAL ESTATE.
Michael L. Close, Esq., Wiles Boyle Burkholder & Bringazdner Co., LPA, whose address
is 300 Spruce Street, 1~` 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 particulaz to make
such amendment in order to correct any discrepancy or mistake noted by the Franklin 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.
IGNAT RE
NAMEAND ADDRESS
BVH Associates LLC
6924 Riverside Drive
Dublin, Ohio 43017
DATE
~ /8" ~8~
#190814
Annexation Petition for 1.25+/-Acres
List of Land Owners as Required by R.C. 709.02(D)
LIST OF PARCELS WITHIN ANNEXATION AREA:
BVH Associates, LLC
6924 Riverside Drive
Dublin, OH 43017
Franklin Co. Parcel Nos. 212-000494 and 212-001246
LIST OF PARCELS ADJACENT TO ANNEXATION AREA:
Thomas Family LP
7780 Brock Road
Ptain City, OH 43064
Franklin Co. Parcel No. 273-008247
Tuner Henderson LLC
1605 NW Professional Plaza
Columbus, OH 43220
Franklin Co. Parcel Nos. 273-009080 and 273-008244
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017
Franklin Co. Parcel No. 273-011236
t?790G23
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~1y~r~~w t--~ ~~~~~ ANNEXATfON
2740 East IVlain Street PLAT & DECRIPCION
Bexley, Ohio 43209-2577 ACCEPTABLE
614 235-8677 DEAN C. RINGLE, P.E., P.S.
( ) FRANKLIN COUNTY ENGINEZ<ti October 18, 2007
Telefax 235-4539 ,2,
.Email: info@myerssurveying.com By ~ '/ Daze .1 lS~Ug
Approximately 1.25 Acres iocated is
Perry Township, Franklin County, Ohio,
to be Annexed to the City of Dublin, Ohio
Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter
To~mship 2, Township 2, Range 19 United States Military Lands and being a part of the
Original 1.820 Acre tract as conveyed to BVH Associates LLC in Instrument Number
1 4971 00801 1 4699, Tracts I & IL Recorder's Office; Franklin County, Ohio and being
more particularly described as follows:
Beginning at the intersection of the north Right of Way of Tuller Road with the
east Right of Way of Riverside Drive (State Route #257}, at the northwest comer of the
City of Dublin 0.365 Acre tract (Official Record Volume 19406 D-03} and at an angle
point in an existing City of Dublin Corporation Line, as established by Ordinance
Number 79-03, of record in Instrument Number 200309220301334, said Recorder's
Office;
Thence, northerly, across said Original 1.820 Acre tract, along the east Right of
Way of said Riverside Drive and along said Corporation Line (Ordinance Number 79-
03), approximately 141 feet; to the intersection of said line with the north line of said
Original 1.820 Acre tract, at ari angle point in said Corporation Line (Ordinance Number
79-03} and in an existing City of Dublin Corporation Line; as established by Ordinance
Number 14-b5, of record in Miscellaneous Record 138, Page 617;
Thence; easterly, along the northerly line of said Original 1.820 Acre tract and
along said Corporation Line (Ordinance Number 14-65), approximately 381 feet, to the
northeast comer of said Original 1.820 Acre tract and being an angle point in said
Corporation Line (Ordinance Number 14-65);
Thence, southerly, along the east Line of said Original 1.820 Acre tract and along
said Corporation Line (Ordinance Number 14-65), approximately 140 feet, to the north
Right of Way of said Tu11er Road, the northeast comer of said 0365 Acre tract and an
angle point in said Corporation Line (Ordinance Number 79-03);
Thence, westerly, along the north Right of Way of said Tu11er Road, said
Corporation Line (Ordinance Number 79-03) and along the north line of said 0365 Acre
tract, approximately 396 feet, to the place of beginning CONTAINING
APPRO~ATELY 1-25 ACRES.
TAE FOREGOING DESCRIPTION VVAS PREPARED FROM RECORDS ONLY
AND IS TO BE USED'FOR ANNEXATION PURPOSES ONLX.
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PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement ("Agreement") is entered into on ~U, ~,
2008, by and between BVH Associates LLC ("BVH") and the City of Dublin (" ublin"), an
Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin,
Ohio 4301"7 (referred to collectively as "Parties").
RECITALS
WHEREAS, BVH owns certain real property located at 6924 Riverside Drive in Perry
Township (the "Property"), being more fully described in the Franklin County Auditor's
information attached as Exhibit "A" and incorporated herein; and
WHEREAS, the Property is located adjacent to and within the present corporate
boundazies of Dublin; and
WHEREAS, BVH desires to annex its Property to Dublin in order to obtain municipal
services to support the Property; and
WHEREAS, Dublin desires to annex the Property.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and intending to be legally bound, the Parties hereby agree as follows:
t. Annexation: BVH is subject to the Perry Township and/or State of Ohio Building Codes
and the Perry TownshipLoning Code. At the time of execution of this Agreement, BVH is
finalizing the building plans and will gain the necessary building permits and zoning approval
from Perry Township and/or the State of Ohio as soon as is reasonably practical. BVH will
submit an annexation petition, pursuant to Ohio Revised Code Section 709.02, to the Franklin
County Commissioners within seven (7) days of obtaining the necessary building permits and
zoning approval from Perry Township and/or the State of Ohio.
If BVH does not submit an annexation petition by that deadline, BVH agrees that the Dublin
Law Director may act as BVH's appointed agent and file an annexation petition related to the
Property. In that event, BVH will pay all legal costs and fees related to the annexation, including
attorney fees and surveyor fees. Dublin waives its annexation filing fee for the Property as the
annexation of the BVH Property will fill in an unincorporated area that is completely surrounded
by the Dublin corporate limits. Dublin will accept the annexation of the Property.
2. Water aad Sewer Services. The Property lies within the Exclusive Dublin Expansion
Area. Upon the fi{ing of the annexation petition, Dublin wilt provide access to water and sewer
services to the site with BVH paying all costs of connecting to the water and sewer system.
3. Boundary Adjustment: It is Dublin's intent to fife a petition for a boundary adjustment
after the acceptance of the Property by City Council, which wilt result in the Property
conforming to the Washington Township boundaries. Such action will practically result in the
CHI IOb063 ~
exclusion of the Property from Perry Township's jurisdiction. Pursuant to Ohio Revised Code
Section 709.19, Dublin must make repazations to Perry Township of a percentage of the
Township taxes that would have been due the Township if annexation had not occurred in the
amounts as follows:
Yeazs 1 through 3 80.0%
Years 4 through 5 67.5%
Yeazs b through 7 62.5%
Yeazs 8 through 9 57.5%
Yeazs 10 through 12 42.5%
After yeaz 12 0%
BVH, its successors and assigns, hereby agree to compensate Dublin for all repazations payments
Dublin is required to make to Perry Township. BVH, its successors and assigns, will pay any
invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said
invoice.
4. Rieht-of--Way Dedication: Dublin is planning to install a bikepath on the east side of
Riverside Drive between Tuller Road and Emerald Pazkway a portion of which will be located
on the Property. In addition, Dublin is in the planning phases for a road improvement project on
Emerald Pazkway {"Emerald Pazkway Phase 8") which will require BVH to convey right of way
to Dublin. BVH, its successors and assigns agree to dedicate any right-of--way necessazy for the
bikepath and any other right-of--way dedication required by Dublin in conjunction with the
Emerald Pazkway Phase 8 project at no cost to Dublin, provided the total amount of right-of-way
taken along the east side of Riverside Drive does not exceed approximately fifty (50) feet. The
estimated right-of--way dedication is attached as Exhibit B.
5. Cooperative Development for Future Roadway Protects. The Parties agree to work
jointly with regard to any future roadway development that occurs adjacent to the Property.
6. Landscaping. BVH agrees to bring the Property into compliance with the Dublin
Landscaping Code to the extent reasonably possible and to the satisfaction of the Dublin
Planning Staff within thirty (30) days afrer completion of all construction and site development
on the Property. BVH also agrees to screen all dumpster areas.
7. Siens. BVH agrees to file a Corridor Development District sign application for all signs
on the Property within thirty (30) days after completion of all building construction and site
development on the Property. All signs will be installed within thirty (30) days afrer obtaining
Dublin Planning and Zoning Commission approval.
8. Lot Combination. BVFI agrees to combine the two lots that are the subject of the
annexation within thirty (30) days afrer the execution of this agreement.
9. Council Action: The foregoing obligations and cormnitments by Dublin contained herein
are contingent and shall be effective and enforceable only upon the approval of all necessary
ix ~ ~o:cos r ~
legislation andlor motions by Council and the expiration of all referendum periods applicable
thereto.
]0. Successors and Assiens: This Agreement shall run with the land and be binding upon
and inure to the benefit of the respective heirs, persona[ representatives, successors, transferees,
and assigns of the parties hereto.
11. Amendments: This Agreement may be amended, modified, or changed only by a written
agreement properly executed by Parties.
12. Apolicable Law: This Agreement shall be governed by, construed, and interpreted in
accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in
that order.
13. Waiver. No delay or failure on The part of any party hereto in exercising any right,
power, or privilege under this Agreement or under any other instruments given in connection
with or pursuant to this Agreement shall impair any such right, power, or privilege or be
construed as a waiver of any default or any acquiescence therein. No single or partial exercise of
any such right, power, or privilege shall preclude the further exercise of such right, power, or
privilege, or the exercise of any other right, power or privilege.
14. Severabilitv. If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced
to the greatest extent permitted by law and the remainder of this Agreement and the application
of such provision to other persons or circumstances shall not be affected thereby and shall be
enforced to the greatest extent permitted by law.
15. Entire Agreement. This Agreement constitutes the entire understanding of the parties
hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions,
undertakings and agreements between the parties. This Agreement may be amended or modified
only by a writing executed by the duly authorized officers of the parties hereto.
IN WITNESS WHF,REOF, the undersigned have set their hand to duplicates hereof, on the day
and yeaz first above written.
BVH ASSOCIATES LLC
By: ~wa.).-
Its- T Q~~ti-i~t
CITY OF DUBLIN
An Ohio Municipal Corporation
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Jane S. Brautigam
Its: City Manager
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