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HomeMy WebLinkAbout113-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.___ 113-98______..-- Passed-------.-__-_-- ------------19__ -_-- AN ORDINANCE TO ACCEPT AN ANNEXATION OF 56+/- ACRES IN JEROME TOWNSHIP, UNION COUNTY TO THE CITY OF DUBLIN WHEREAS, on July 27, 1998 the Union County Commissioners approved the annexation application filed by Harrison W. Smith, Jr., 37 W. Broad Street, Columbus, Ohio 43215, Agent for Petitioner Columbus Builders Supply, Inc., Employers Profit Sharing Trust by Christopher S. Herold, 807 W. Third Avenue, Columbus, OH 43212; and WHEREAS, Council is of the opinion that this territory should be annexed to the City of Dublin. NOW, TH>~REFORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~( p` of the elected members concurring: Section 1. That the petition for the annexation of 56+/-'acres (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest date allowed bGy~law. Passefi-Ihi~, I .' "tday of C~ d ~ , 1998. yor -Presiding Officer ATTEST: C~, ~~~ Clerk of Council I hereby certify that copies of this Ordinance/'Resolution were posted in the City of Dublin in accordance with Section 73T.25 of the Ohio Revised Code. fI'SSf ; Cierl of Council, Dvbh~i~ PROPOSED ANNEXATION OF 56.0 ACRES TO: The City of Dublin FROM: Jerome Township, Union County, Ohio ~X ~ ~ ~I~ ~~~- ~i Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey Nos. 3009 and 3452 and described as follows: Beginning at a point in the Common Line between Union and Franklin Counties, the existing City of Dublin Corporation Line (Ordinance #13-73) of record in Miscellaneous Record 159, Page 38, Franklin County Recorder's Office, and the westerly line of the Walter L. Starkey 20.256 acre tract and the easterly line of the Columbus Builders Supply, Inc. Employee Profit Sharing Trust 48.170 acre tract; thence South 4° 06' East with said County Line and said City of Dublin Corporation Line, a distance of approximately 2087 feet to the intersection of said county line with the existing City of Dublin Corporation Line (Ordinance No. 24-94), of record in Annexation Record Book 2, Page 437, at the northeasterly corner of the M.I. Schottenstein Homes Inc. 15.704 acre tract and in the southerly line of the Columbus Builders Supply, Inc., Employee Profit Sharing Trust 48.170 acre tract; thence South 81° 18' West with said City of Dublin Corporation Line and the northerly line of said 15.704 acre tract and the southerly line of said 48.170 acre tract, a distance of approximately 359 feet to an angle point in said Corporation Line and the northeasterly corner of that Northwest Assembly of God 50.79 acre tract; thence South 81° 18' West, partly with the northerly line of said 50.79 acre tract and partly with the northerly line of the Albert Lee and Florence Schoby 51.85 acre tract, and the Warren G. Gorden 46.3 acre tract, a distance of approximately 1702 feet to a point in the easterly right-of-way line of Hyland and Croy Road (County Road 2-D); thence North 8° 29' West with said easterly right-of-way line, being 25.00 feet easterly of and parallel to the centerline of said Hyland and Croy Road (County Road 2-D), a distance of approximately 911 feet to a point in the southerly line of the Oliver R. and Deborah Griffith 16 acre tract; thence North 80° 59' East with said southerly line, a distance of approximately 1712 feet to a southeasterly corner thereof; thence North 7° 53' West with the easterly line of said Griffith tract, a distance of approximately 400 feet to a point in the southerly line of the Johnston & Jeanne L. Means 32.33 acre tract; Continued..... thence North 80° 59' East with said southerly line, a distance of approximately 425 feet to a southeasterly corner thereof; thence North 20° 52' West partly with the easterly line of said Means tract and partly with the easterly line of the Jon P. Riegle Trustee 51.63 ar_re tract, a distance of approximately 1663 feet to a southwesterly corner of said Starkey tract, at an angle point in the existing City of Dublin Corporation Line (Ordinance No. 70-95); thence with said City of Dublin Corporation Line and the southerly and westerly lines of said 20.526 acre tract, the following courses: North 69° 12' East, a distance of approximately 240 feet to a point; and South 20° 54" East, a distance of approximately 940 feet to the point of beginning and containing approximately 56.0 acres. EVANS, MECHWART, HAMBLETON & TILTON, INC. By Thomas D. Sibbalds Professional Surveyor No. 5908 TDS:kd _ . _ .. __... ~~ ~. ~.._.~...~,..a..~ . _ _ _.~ .~ __ 'I ~ , \ OFISyTT DUBL/N CORP LINE I I ' - '4'Ogp .ORD ,¢~ 296-97 DUBLIN CORP LINE 1 \ ORD ,¢~ I296-97 ~', ~~ _ ANNEX. , BK 2 PC 419 JON P R/EGLE TR. 1 11.333 AC OR96P PAR ,¢~l - -046 # 17-00-29001.00 I SUZANNE B FEASEL ~ 1.0 AC OB 325 PG 653 PAR X137-00-00-045 1 ACCT ,¢~ 1 7-00-29009.000 I RICHARD S & ELAINE E VALENTIN 30.501 AC 1 OB 288 PC 653 PAR ,¢147-00-00-005 I ACCT ,¢~ 1 7-00-29022.000 2 v 1 z 0 A 2 0 n A O -C ~ I 0 0 n I 0 2 0 o ~ ro i 0 5/TUA TED /N THE STA TE OF OHIO, COUNTY OF UN/ON, TOWNSH/P OF JEROME, V1RGlN/A MlL/TARP SURVE NOS 3009 AND 3452 /T\yF<< i O~~Tr Ro = C 2 I'~ ;~ 0 n a 2 2 si rE o ~ LOCH DON MAP No Sco% ANNEX No TY ROAD gEJ I - -~ _ ~-~ I _ BRgNO ROgO DUBLIN CORP Ll ~'-- _ _ CORD ~ 70-95 ~ - ;4NORA WILSON SMITH• ETAL n 9.229 AC OR 37"PG 427 ~a o v AR X147-00-00-004 ~ ti ~ CCT ,¢' 1 7-00-2900 7.000 ~, ~ ° ~ ~°I v~~ ~" ~ O O a i ~' ~ o o m O I 'C O O L+ N CORP LINE ,~' 70-95 JON P RIEGLE TR. 51.63 AC OR 96 PG 767 PAR X147-00-00-006 ACCT ,¢' 17-00-29010.000 ~ N i o~<;: Ao~ %j~; ~ /oi // I \~/ ~ ~ I ~ i/,., ~ , v~ ~, ; ,.~i~' '. x ORD/NANCE NOT FOUND IN UNION COUNTY RECORDERS OFF/CE ANNEXA T/ON BOOK rn °~', i DUBLIN CORP LINE ORD ,¢~ 13-73 '~ "' o MR 159 PG 38 ~'~ (FRANKL/N COUNTY) JOHNSTON & JEANNE L MEANS ~ 3233 AC OB 278 PG 714 PAR ,¢147-00-00-007 1 ACCT ,¢~ 17-00-29011.000 N8p'S9'E i - .425,•" .' . 3 ~ i /' ; n ~ I ~ O LIVER R & DEBORAH GR/FFITH o ' :',' :' % ~ 1 16 AC OB 286 PG 186 Z ' ~ -'" ' . ; ~, PAR ,{'147-00-00-008 ACCT ,~ 1 7-00-29020.000 1712 ~' , ~ 56,rOf ;ACRES o, 1 ' , ' COL UMBUS,BUILDERS' SGPPCY lNC. " ,.'~.£MPLO,YEE PROFIT,%SHARING' TRUST 3 ~ 48.1J0. AC OB 298 PG 581 PAR.;¢!147 00=00=009' "' ~ ';• ACCT';¢' 17 00-19012.000 "• 2 I 359 i 1702' ~ cn 2 W - nyoo~ ~n~~ ~ 118 abo~y ~Ae~ c~~on I I ~ n~~=~ tia4n~ ~AO WARREN G. ~ pow ~vnvi {'~-~ a_ W c., v c~ -., 1 46.3 ~ CDDB 200 G 199 {' m ~ ~' V oo ~ > ~ ~ DUBL/N CORP LINE I PAR 147-00-00 011 v v n ~ ~ o ~ ti ° ~ ~ ' ORD 24-94 \ ,¢~ o o ~ l o o r., i o y' m NNE~BK. 2 PG 41 CC r ,¢~ 17- 00-29 13 0010 0 ~ c„ s~ ,~, o'er ~ 0 0 o Z '~ i i ~oym `OOmw ro~ ~ ORD No 00 ~o °;,e-~ °~w~ PROPOSED ANNEXAT/ON OF 56.0 s ACRES°i ~ z °o v ~ o ~w ~ ~ TO THE oN `°'' LEGEND o o C/TY OF DUBL/N EX/STING CITY OF DUBLIN CORP. LINE FROM JEROME TOWNSH/P, UN/ON COUNTY, OHIO DATE MAY a, 7998 SCALE >' = 400' PROPOSED C/TY OF DUBL/N CORP. L/NE AREA TO BE ANNEXED .nn v.c i> i.r-,-.... JULY 27, 1998 UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040-1526 937-645-3012 FAX 937-645-3002 DON FRASER TOM McCARTHY JIM MITCHELL REBECCA ROUSH DEBRAJOBE Clerk Adm. Asst. CERTIFICATION: I, Rebecca Roush, hereby certify that the within contained copies are true and exact copies of all proceedings, i.e., Petition for Annexation, Vicinity Map, Resolution Receiving Petition and Hearing Date, Sign-In sheet for Public Hearing, Resolution stating services available to Parcel, Proof of Advertisements, and the Resolution granting the Annexation. ~; Re ecca Roush, Cl rk of the Board Union County Commissioners CC: William Adams, M/I Schottenstein Homes, Inc. Harrison W. Smith, Smith & Hale Jerome Township Trustees City of Dublin Union County Auditor Union County Recorder Union County Engineer Commissioners File ~ec~~( f ~3 `~`~~ PETITION FOR ANNEXATION TO THE CITY OF DUBLIN OF 56. o± ACRES MORE OR LEST IN THE TOWNSHIPO OF JEROME TO THE BOARD OF COUNTY COMMISSIONERS OF UNION COUNTY, OHIO: .~.!''S ~"' ~.. ~ LS . MAY I g ~qgg D ~~' The undersigned, petitioners in the premises, and being a MAJORI'I'=i! ~o~s,~fQ REAL ESTATE in the territory hereinafter described, consisting of 56.0± acres, more or less, in the Township() of Jerome which area is contiguous and adjacent to the City of Dublin , do hereby pray ~ ~ that said territory be annexed to the City of Dublin according to c °' the statutes of the State of Ohio. ry c~ -~ '--~ °, - r = A full and accurate description and a plat of said territory so prayed to be annexed are "' ¢ ~ attached hereto and made part hereof. =L:. ~,~ In support of said Petition, your petitioners state that there are within the territory so '` prayed to be annexed 1 OWNER($) OF REAL ESTATE. Harrison W. Smith, Jr., is hereby appointed Agent for the undersigned Petitioner(s), as required by Section 709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendment and/or deletion which in his absolute and complete discretion is necessary or proper under the circumstances then existing, and in particular to make such amendment in order to correct any discrepancy or mistake noted by the union County Engineer in his examination of the Petition and Plat. Said amendment shat l be made by the presentation of an amended plat and description to the Board of County Commissioners on, before, or after the date set for hearing on this Petition. NAME f ~~~( By~Z;o-lum, u 1 e~~upply, nc~- Employers Profit Sharing Trust by Christopher S. Herold ADDRESS 807 West Third Avenue, Columbus, OH 43212 D Page of rr~ PROPOSED ANNEXATION OF 56.0 ACRES TO: The City of Dublin FROM: Jerome Township, Union County, Ohio ,,,~„ Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey Nos. 3009 and 3452 and described as follows: Beginning at a point in the Common Line between Union and Franklin Counties, the existing City of Dublin Corporation Line (Ordinance #13-73) of record in Miscellaneous Record 159, Page 38, Franklin County Recorder's Office, and the westerly line of the Walter L. Starkey 20.256 acre tract and the easterly line of the Columbus Builders Supply, Inc. Employee Profit Sharing Trust 48.170 acre tract; thence South 4° 06' East with said County Line and said City of Dublin Corporation Line, a distance of approximately 2087 feet to the intersection of said county line with the existing City of Dublin Corporation Line (Ordinance No. 24-94), of record in Annexation Record Book 2, Page 437, at the northeasterly corner of the M.I. Schottenstein Homes Inc. 15.704 acre tract and in the southerly line of the Columbus Builders Supply, Inc., Employee Profit Sharing Trust 48.170 acre tract; thence South 81° 18' West with said City of Dublin Corporation Line and the northerly line of said 15.704 acre tract and the southerly line of said 48.170 acre tract, a distance of approximately 359 feet to an angle point in said Corporation Line and the northeasterly corner of that Northwest Assembly of God 50.79 acre tract; thence South 81° 18' West, partly with the northerly line of said 50.79 acre tract and partly with the northerly line of the Albert Lee and Florence Schoby 51.85 acre tract, and the Warren G. Gorden 46.3 acre tract, a distance of approximately 1702 feet to a point in the easterly right-of-way line of Hyland and Croy Road (County Road 2-D); thence North 8° 29' West with said easterly right-of-way line, being 25.00 feet easterly of and parallel to the centerline of said Hyland and Croy Road (County Road 2-D), a distance of approximately 911 feet to a point in the southerly line of the Oliver R. and Deborah Griffith 16 acre tract; thence North 80° 59' East with said southerly line, a distance of approximately 1712 feet to a southeasterly corner thereof; thence North 7° 53' West with the easterly line of said Griffith tract, a distance of approximately 400 feet to a point in the southerly line of the Johnston & Jeanne L. Means 32.33 acre tract; Continued..... 0 _~.~ ~... PROPOSED ANNEXATION OF 56.0 ACRES -2- ,,,~ thence North 80° 59' East with said southerly line, a distance of approximately 425 feet to a southeasterly corner thereof; thence North 20° 52' West partly with the easterly line of said Means tract and partly with the easterly line of the Jon P. Riegle Trustee 51.63 acre tract, a distance of approximately 1663 feet to a southwesterly corner of said Starkey tract, at an angle point in the existing City of Dublin Corporation Line (Ordinance No. 70-95); thence with said City of Dublin Corporation Line and the southerly and westerly lines of said 20.526 acre tract, the following courses: North 69° 12' East, a distance of approximately 240 feet to a point; and South 20° 54" East, a distance of approximately 940 feet to the point of beginning and containing approximately 56.0 acres. EVANS, MECHWART, HAMBLETON & TILTON, INC. By , Thomas D. Sibbalds Professional Surveyor No. 5908 TDS:kd PROFIT SHARING BOARD RESOLUTION (Trustee (s) Under a Trust Agreement) Date: ~l 2 (~~ RE: Trust Agreement Dated 10/7!65 made under the laws of the State of Ohio by Columbus Builders Supply, Inc., Robert G. Kern (name of names of person or persons who created the trust) We certify to you that: 1. The Trust Agreement is in full force and effect. 2. The names of the Profit Sharing Board Members now acting under the Trust Agreement (and who are the only Trustee (s) qualified to act) are: Christopher R. Kern Christopher S. Herold Russell A. Carey Rita Klein 3. Anyone of the four board members can sign on behalf of plan. (Signatures of persons named above.) ~~~(!~ UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040-1526 937-645-3012 FAX 937-645-3002 DO1V FRASER TOM McCARTHY JIM MITCHELL REBECCA ROUSH DEBRA JOBE Clerk Adm. Asst. COMMISSIONERS JOURNAL 42 -PAGE 551-MAY 14, 1998 RESOLUTION N0.232-98 RE: REVISED PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, JEROME TOWNSHIP, 56 ACRES, MORE OR LESS, - HARRISON W. SMITH, JR. -AGENT FOR THE PETITIONERS A motion was made by Don Fraser and seconded by Jim Mitchell to adopt the following: rrw~ WHEREAS, a petition for annexation was re-filed on May 13, 1998, in the Union County Commissioners Office, praying for annexation to the City of Dublin, Jerome Township, Union County, Ohio; and WHEREAS, said petition represents real estate situated in Jerome Township, Union County, Ohio, being a total of 56 acres, more or less, located contiguous and adjacent to the City of Dublin, with the total of one property owner. THEREFORE, BE IT RESOLVED, that said petition for annexation be and is hereby received pursuant to section 709.02 of the Ohio Revised Code, shall be advertised by publication as required by law, and the public hearing on said petition shall be held in the office of the Board of Union County Commissioners, 233 West Sixth Street, Marysville, Ohio at 2:30 p.m. on Monday, July 27, 1998. A roll call vote resulted as follows: CC: William Adams, M/I Schottenstein Homes, Inc. Harrison W. Smith, Smith & Hale Jerome Township Trustees City of Dublin Union County Auditor Union County Recorder Union County Engineer Commissioners File Jim Mitchell, Yea Tom McCarthy, Yea Don Fraser, Yea /7`rl rl ~i~ q~/°li. ~~ lA~i~ /~ '- 1 ~--L ~tJ12sV~~i;~~ ~v- ~~ ~~ r----~ Cam` Inc-, Y ~1,a.~.c.,c, /~vim- ~/ a- ~~K~c~C~ - ~~, ° plc (~r.~ /S.` ~~~~~ c~ __ _.. _, .. i r ..~w _ _. _m..~ ~n U ~ i,4 J 1' ~ • ~ ~ {~ f UWON COUNTY C~,AM lSSIONERc~ 5200 Emerald Parkway June 9, 1998 Dublin, Ohio 43017-100b Phone/TDD: b14-161-6500 Fax: 614-Ib1.6590 Rebecca Roush, Clerk Aloyor Union Count Commissioners Charles W. Kranstuber y 233 West Sixth Street YiceMayor Marysville, OH 43040-1526 Cathy A. Boring Gty (ouncil Members ~: Annexation petition for 56+/- Acres from Jerome Robert E. Adamek Thomas M. Mc(osh Township to the City of Dublin Gregory S. Peterson Petitioners: Harrison Smith, agent for petitioner Columbus Gndy Hide Piflaluga John G. Reiner Builders Supply, Inc., Employers Profit Sharing Trust by Clerk of (ouncil Christopher S. Herold Anne C. Garke Dear Ms. Roush: Enclosed is a certified copy of Resolution 37-98 which is a statement of services for the above-referenced annexation petition scheduled for hearing on July 27, 1998 before the ~" Commissioners. "~°" Please contact me if you need further information. Sincerely, Anne C. Clarke Clerk of Council Enclosures .•• RECORD OF RESOLUTIONS .rr++ ~ I f o_' e O C ~ .b a V ~ D e d e r u f e e o ~~ o~ g' o .~ e o ~.~~~ Dcrron Legai Blon4 Co., Form No. JOOaS Resolutio~i i\'a_ ...-~7_y$ -- --- -------- Passed.-...- .19-----... A RESOLUTION TO SET FORTH A STATEMENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 56+/- ACRES FROM JEROME TOWNSHIP, UNION COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.031 OF THE OHIO REVISED CODE WHEREAS, a petition for the annexation of 56+/- acres from Jerome Township was duly filed on May 13, 1998 by Harrison W. Smith, Jr., Agent for Petitioner Columbus Builders Supply, Inc., Employers Profit Sharing Trust by Christopher S. Herold, 807 West Third Avenue, Columbus, OH 43212; and WHEREAS, a public hearing has been scheduled before the Union County Commissioners on Monday, July 27, 1998 at 2:30 p.m.; and WHEREAS, Section 709.031 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, if any, the Municipal Corporation will provide to the territory proposed for annexation. NOW, THF,REFORE, BE TT RESOLVED, by the Council of the City of Dublin, State of Ohio, -~/(~` of the members concumng that: Section 1. The City of Dublin will provide the following municipal services for the 56+/- acres in Jerome Township, Union County upon the annexation of the area to the City of Dublin, Ohio: Police. The City provides Police and Communications service on a full twenty-four hour basis and also has mutual aid agreements with other municipalities. The annexation area lies approximately two miles northwest of Dublin Police Division headquarters. 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. ElI~• Fire and emergency medical services protection is currently provided by well- staffed departments in Jerome and Washington townships. They, too, have mutual aid agreements with other jurisdictions. This annexation would not change fire department jurisdictional boundaries, and therefore response times for fire and emergency medical services will not be affected. The Jerome Township Fire Station is approximately six miles from the annexation area and normal response time should be approximately eight minutes. However, due to an existing automatic response agreement, the area is also served by the Washington Township Fire Station 93 which is located approximately two miles away, and normal response time would be approximately five minutes. Street Maintenance. The City has a Streets and Utilities Division which provides excellent service in the area of street and road maintenance. ~+ Section 2. The City has SEWER and WATER service area contracts with the City of Columbus, and the subject property is within the service areas. Conditioned on the ability of the City of Columbus to provide WATER, and to provide sufficient SEWERAGE disposal capacity, the City of Dublin will have the ability to service the area. 0 rwr RECORD OF RESOLUTIONS .~.~ ~ 1-7-i -~ l f •~ c. c TO: Ann Clarke, Clerk City of Dublin 6665 Coffman Road Dublin, OH 43017 Enclosed herewith is a copy of the Resolution which has been signed by the Union County Commissioners. This Resolution will serve as notice of the date set for the public hearing on the annexation petition that was filed on Mav 13 , 19 98 ,praying for annexation to the City of Dublin of 56.0 acres, more or less, in Jerome Township. Please note that the public hearing will be held on Monday, Julv 27 , 19 98 , at 2:30 P.M., in the office of the Board of Union County Commissioners, 233 West Sixth Street, Marysville, Ohio. ~- Date: ~ f~L ~~ Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLF~GED THIS 2-° day of ~ ay , 19 ~g CLERK'S OFFICE ''`~ TO: John Warner, Clerk Jerome Township 1111 Jerome Road Plain City, OH 43017 Enclosed herewith is a copy of the Resolution which has been signed by the Union County Commissioners. This Resolution will serve as notice of the date set for the public hearing on the annexation petition that was filed on Mav 13 , 19 98 ,praying for annexation to the Citv of Dublin of 56.0 acres, more or less, in Jerome Township. Please note that the public hearing will be held on Monday, Julv 27 , 19 98 , at 2:30 P.M., in the office of the Board of Union County Commissioners, 233 West Sixth Street, Marysville, Ohio. Date: 5 I~t ~1~C Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACILNO~~~I,EDGED THIS 2a day of ~o,y , 19 ~g ~~ CLE 'S OFFICE ~ a~~~ C~~ k ,~ Co~..-~.\ ~.. ,~ UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MAFYS~'ILLE, OHtO 4300-1526 537-0~7-3012 I'AX 937-~~5-3002 DOv ~r:asFR To;,~r M~cARTHY JIVr MITCHELL REBECCA RGUSH CIer4: DEBRAJOEE Adm. Asst COi1'II~TISSIOi`IElZS .IOUR~TAL 42 -PAGE 551- y1AY l4, 1998 --. .<.- ;,y .;~~ ~, ! ~r" ..~~: RFSOLL~'I'IOi' ~:U. 232-93 RE: R~VIST;D PET1Tl0;` FOR ~1N1~~YATIOi\' TO TH£ CIT_YOF DL-BLL\, ~ERO?VIE TOWiti1SI-IlI' ;6 ACRES MORE OR LESS - H.A.R1tIS0\' W. S~~1ITH, JR, - AGF\~T' FOR Tim PETITIONERS .~. motion was made by Dor: ~=ras•::r and seconded by Jiln i\litchell io adopt the following: V4'I-iEREAS, a retition for annet:ation was re-filed on May 13, 1998, in the Union County Carr~:nissioners Gfiice, praying fcr anrlesation to the City of Dublin, Jz.ome Tawnshl~, L`nian County, Ghio; Auld 1~VI-Lfi.Ei~S, s3iC1 ~+etitlC~ll r.presents 1•eal estate situated in Jzronte Totvllsl:ip, Lnion Co::rty, Ghia, being s total of j5 acres, more or lest, located contiguous and adjaoant to the City ofDuelin, with the total of oue property ow~cr. THERL•FOI'cE, BE 1T RESGL~"ED, that said petition tar annexation be and is hereby T2::°iV~d pursuant to scctlo:t ;09.02 of ;t~ Ohio Revised Code, shall 5e advertised by puhlication :i, rcyuired by law, and the pu;:li~ hearing on said petitiolt sl-,all bc: held in the affice of the Beard ol. L 'uiou Count)• Cammi;sior,zn, 233 West Si»lt Street, ~•larysvillz, Ohio at 2:30 p.nl. on ivlonday, .iuly 27, 1993. A roll call ~~ote resulted as fellows: Jim Mitchell. ~'ea Tom vlcCarthv, Yc:i Don 4~raser, Yea CC: Willialtl Adams, MCI Schottenstein Homes, Ino. Harrison W. Smitll; Smith &: Hale Jerome Township Tru;tc:e, City of Dublilt Union County Auditor Union County Recorder Union County Engineer Commis~ioncrs rilz ~.. .~ ~~ ~~..;1 rn.~ JJf vi•~ ~uu: L ~lU~ l.U lU!1!11.~JLU~titJ ~IUU~ "''.i- u.: io• ~o, 1J:J1 r.•i.t JJr u-ls suus t\IU\~ CU CU~I~IISSIO:\ERS C~GU2 UNION COUNTY CONiMISSYONERS COUNTY O~'FZCE BUILDING 233 WEST SIXTH STREET MArYS~'ILLE, OHIO 43040-1526 937-045-3012 PAX 937-64~-3002 DON );BASER TOivi McCARTHY JIM MITCHELL P~EBECCA RGliSH DEBRA JOSE Clerk Adm. AsSL COl\'fViiSSIONEl25 .IOURyaL 42 -PAGE 551- YIAX ~ 4, 1998 R h SOLVTIOi` 1L U, 232-~38 RE: REVISED PETITION FQR ANI~'E?~,TIOl~' TO THE CITE' O~' DT~BLLN, ,7EROIVIE TOR'NSIiII', 56 ACRES, MORE OR LESS. - 43AR121S0?~' W. S~/1ITH, JR, - AGFV T' FOR THE PETITIONERS A motion was made by Dor: kras~r and seconded by Jim Mitchell'to adopr the fi~llowing: R'I-IEREAS, a petition for ~rtneYtltion was re-filed on May 13, 1995, in the Union County Cotrunissioners Gflice, praying for annexation to the City of Dublin, Jerome Township, Union County, Ohio; and tiVHEREAS, said petition represents real estate situated iu Jerome Tovnsl?ip, union County, Ohio, being a total of >F, acres, more or lcs;, located contiguous anti adjacent to the. City of Duelin, with the total of one property owner. THERErOIcE, BE 1T RESOLVED, that said petition for annexation be and is hereby received pUr~L'3rti to Sc:,ilOn 709.02 of .he Ohio Rwised Code, shall be advertised by puhlieation as re:Iuired by law, aiid the public hearing on said petitiot? shall be held in the office of the Board of TJi11L11 Count) Commissiorzr,, 233 West Sixth Street, ~•iarysville, Ohio at 2:30 p.m. on ivlonday, July 27, 1993. A roll call v~otc: resu]ted as follows: CC: Willietl Adams, M1I Schottznstein Humes, Ino. Harrison W. Sntitlt, Smith ~ Hale Jerome Township Trustee, City of Dubiut Union County Auditor Union County Recorder Union County En~inec:r Commissioners Pilz Jim Mitchell, Yea Tom McCarthy, Yes Don t~raser, ~"ea NOTICE OF FILING OF ANNEXATION PETITION TO: Ann Clarke, Clerk City of Dublin 6665 Coffman Road Dublin, OH 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 13th day of Mav , 19 98 ,the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Union County, Ohio. Said Petition prays for annexation to the City of Dublin ,Ohio, of 56.Ot acres, more or less, in Jerome Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: ~I~~I~ ~ _/ /: ,,~ Harrison W. Smith, Jr. Agent for Petitioners ~, RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~ ~~ day of , 19~. ~*.~ CLE FFIC . ~~,. ,~.WW.....,,~.~_.. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto aild made part hereof. In support of said Petition, your petitioners state that there are within the territory so prayed to be annexed 1 O~VNER($) Ol~ REAL ES"I'A"1'E. Harrison ~V. Smith, ,Ir., is hereh}' appointed Agent for the undersigned Petitioner(s), as required by Section 7U9.U2 of the Revised Code of Ohio..Said went 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 tc~ n~akc such amendment in order to correct any discrepancy or mistake noted by the Union County Engineer in his examination ofthe Petition and Plat. Said amendment shall be made by the presentation of an amended plat and description to the Board of County Commissioners on, before, or after the date set for hearing on this Petition. NAME /~ • By : C.Y~~ ~!~ f ~~.( . o um s ui ers upp y, nc., Employers Profit Sharing Trust by Christopher S. Herold ADDRESS 807 West Third Avenue, Columbus, OH 4321 ['ace c~ I PROPOSED ANNEXATION OF 56.0 ACRES TO: The City of Dublin FROM: Jerome Township, Union County, Ohio Situated in the State of Ohio, County of Union, Township of Jerome, Virginia Military Survey Nos. 3009 and 3452 and described as follows: Beginning at a point in the Common Line between Union and Franklin Counties, the existing City of Dublin Corporation Line (Ordinance #13-73) of record in Miscellaneous Record 159, Page 38, Franklin County Recorder's Office, and the westerly line of the Walter L. Starkey 20.256 acre tract and the easterly line of the Columbus Builders Supply, Inc. Employee Profit Sharing Trust 48.170 acre tract; thence South 4° 06' East with said County Line and said City of Dublin Corporation Line, a distance of approximately 2087 feet to the intersection of said county line with the existing City of Dublin Corporation Line (Ordinance No. 24-94), of record in Annexation Record Book 2, Page 437, at the northeasterly corner of the M.I. Schottenstein Homes Inc. 15.704 acre tract and in the southerly line of the Columbus Builders Supply, Inc., Employee Profit Sharing Trust 48.170 acre tract; thence South 81° 18' West with said City of Dublin Corporation Line and the northerly line of said 15.704 acre tract and the southerly line of said 48.170 acre tract, a distance of approximately 359 feet to an angle point in said Corporation Line and the northeasterly corner of that Northwest Assembly of God 50.79 acre tract; thence South 81° 18' West, partly with the northerly line of said 50.79 acre tract and partly with the northerly line of the Albert Lee and Florence Schoby 51.85 acre tract, and the Warren G. Gorden 46.3 acre tract, a distance of approximately 1702 feet to a point in the easterly right-of-way line of Hyland and Croy Road (County Road 2-D); thence North 8° 29' West with said easterly right-of-way line, being 25.00 feet easterly of and parallel to the centerline of said Hyland and Croy Road (County Road 2-D), a distance of approximately 911 feet to a point in the southerly line of the Oliver R. and Deborah Griffith 16 acre tract; thence North 80° 59' East with said southerly line, a distance of approximately 1712 feet to a southeasterly corner thereof; thence North 7° 53' West with the easterly line of said Griffith tract, a distance of approximately 400 feet to a point in the southerly line of the Johnston & Jeanne L. Means 32.33 acre tract; Continued..... PROPOSED ANNEXATION OF 56.0 ACRES -2- r.. thence North 80° 59' East with said southerly line, a distance of approximately 425 feet to a southeasterly corner thereof; thence North 20° 52' West partly with the easterly line of said Means tract and partly with the easterly line of the Jon P. Riegle Trustee 51.63 ar_re tract, a distance of approximately 1663 feet to a southwesterly corner of said Starkey tract, at an angle point in the existing City of Dublin Corporation Line (Ordinance No. 70-95); thence with said City of Dublin Corporation Line and the southerly and westerly lines of said 20.526 acre tract, the following courses: North 69° 12' East, a distance of approximately 240 feet to a point; and South 20° 54" East, a distance of approximately 940 feet to the point of beginning and containing approximately 56.0 acres. EVANS, MECHWART, HAMBLETON & TILTON, INC. By , Thomas D. Sibbalds Professional Surveyor No. 5908 TDS:kd AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN, SS: Harrison W. Smith, Jr., being first duly sworn, deposes and says that he is the Agent for the Petitioners in that certain Annexation Petition wherein it is prayed that 56.Ot acres, more or less, in Jerome Township be annexed to the City of Dublin ,Ohio, which petition is set for hearing before the Board of County Commissioners of Union County, Ohio, on Monday, July 27. 1998 , at 2:30 P.M.; that, at the time of the filing of said petition, there was 1 owner of real estate in the area so prayed to be annexed, of which 1 owner 1 had signed and affixed their signature to said petition; that affiant was the circulator of said petition and that, to the best of the affiant's knowledge, each of said signers placed his and/or her name thereon as his and/or her free and voluntary act and deed; and further affiant sayeth naught. son W. Smith, Jr. SWORN to before me and subscribed in my presence this 0 ~ day of 19 ~~ 1/ .~Ut. 2 3 ~ UNION COUNTY COMMISSIONERS Notary . ~.- - • BETSY 6. GAITERS * * NOTARY PUBLIC, STATE OF OHIO NY COMMISSION EXPIRES DEC.15, 2002 '*.~a O r NUTICE.BYAGENI'. FOR PETITIONERS Notice' is hereby, given that there was\ presented to the., :Board of STATE OF OHIO, County Comtnissionets of Union County, Ohio'and filed~with them City of MarysviNo, ss. oa the 13th aay of May. 1998, a ~* Petition signed rity of union County. 'the owners of Teal estate' in. the territory .hereinafter described """ Per Wally appeared before me PnYmg ~ satd cemcory be an- ' Hexed to the City of Dublin; Ohio, ' in the manner provided by law. _~~~~ ~ ~ ~j~,~ The substance of that .petition ----- - -- -- - wads as follows: TO THE BOARD. OF COUNTY and made solemn oath, that the COMbIISSIONERS',OF iJNION COUN'I1; OHIO: n gn thee premises, and, peutionets in ----- - - ~- - ---- - - - ~~~~.-?~----- being a MA- a copy of hick is hereto attached, was JohITY of OWNERS of RE- AL ESTATE in the territory here- inafter described, consisting of published for. -~__.consecutive weeks on 56.0 acirs,'more or .less, in the Township of Jerome which area is / _ contiguous and adjacent, to the and next after _ _- -(U ^~ ._-__, 19~_~_, City~of Dublin, do hereby pray in The Marysville Journal-Tribune a 'that said urritory be annexed to the. City of Dublin, according to newspaper of general circulation In the the statutes of the State of Ohio. City of arysville and Union County. ~ A full' aad accurate description add a plat of: `said territory "so ---- --- prayed to be annexed are attached ~~-~ -_-- hereto and made a part hereof. - ~ --------- ------- - ------ ---- In support. of said Petition, your Sworn to before me and signed in petitioners state that then ;are withia the territory so played to - be aoaexed 1 OWI~[ER of REAL aa ESTATE _.1' ' -% my presence this __~J._day o _ _____._ _ Hamson W 'Smith Jr is hereby Q .appointed Agent for the' und~r v /~. D. 19 ~ V_. sigded Peatiorier(s), as by Section 709.02 of the OWo 1£G-, -- ~ vtsed Code Said.-agent ishe Y~ ------ - - ------ ------- - - - - - - - -- authorized tb make any atnen~a o ry Pu c ~ anent and/or deletion -which is ~t hts absolute and complete disct+e ' ~--~~ von is'necessary of proper unds~ My commission expires -___ _., 19___ _ tbe circumstances to correct aey I }~ disct~epancy or mistake noted Eby Printer's Fees, ~=~ _i__J_: ~~ the union county Fngineei• m ills examination of ..the Petition,tai6frd Plat: Said"amendment` hall"~' made : by tbe ,presentation of ?tii'r' amended. plat -and descriptign''tb ~;tite-Board of County Comm'- _ ~ ~ _ _ _ .~....~,o,~..,~.~~ ~.t ~ ~ n -~ cTq-t-~ TO: Ann Clarke, Clerk City of Dublin 6665 Coffman Road Dublin, OH 43017 Enclosed herewith is a copy of the Resolution which has been signed by the Union County Commissioners. This Resolution will serve as notice of the date set for the public hearing on the annexation petition that was filed on Ma,Y 13 , 198 ,praying for annexation to the City of Dublin of 56.Of acres, more or less, in Jerome Township. Please note that the public hearing will be held on Monday, July 27 , 19 98 , at 2:30 P.M., in the office of the Board of Union County Commissioners, 233 West Sixth Street, Marysville, Ohio. Date: ~ a~ r Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS 2-~ day of ~ ay , 19 ~$ U ~~ CLE 'S OFFICE ~'"t C~~ -~ C\2rtG ~~ Coves.. ~ ~I one TO: John Warner, Clerk Jerome Township 1111 Jerome Road Plain City, OH 43017 Enclosed herewith is a copy of the Resolution which has been signed by the Union County Commissioners. This Resolution will serve as notice of the date set for the public hearing on the annexation petition that was filed on May 13 , 19 98 ,praying for annexation to the City of Dublin of 56.0 acres, more or less, in Jerome Township. Please note that the public hearing will be held on Monday, July 27 , 19 98 , at 2:30 P.M., in the office of the Board of Union County Commissioners, 233 West Sixth Street, Marysville, Ohio. Date: 5 I~t ~~ Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOV~JL,EDGED THIS aC~'j'~" day of _ Maw 19~. rr C ~~~1 ~ °1~ /Yl~-~9.c~~X.~ CLERK'S OFFICE ~* i . _ _ 1 .,~..,..~.~ . _ ~.~.... ..,«.....,..~. , ~_..~..~...e... NOTICE OF FILING OF ANNEXATION PETITION TO: Ann Clarke, Clerk City of Dublin 6665 Coffman Road Dublin, OH 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 13th day of May , 19 98 ,the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Union County, Ohio. Said Petition prays for annexation to the City of Dublin ,Ohio, of 56.0 acres, more or less, in Jerome Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. // l JI~LtJ~J ~~, , Dated: I ~~ ; Harrison W. Smith, Jr. ~ Agent for Petitioners RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~ Ste`" day of ~l , 19 ~ ~. ~~, CLE S FICE ~'~ ~ lf~i11,E NOTICE OF FILING OF ANNEXATION PETITION TO: John Warner, Clerk Jerome Township 1111 Jerome Road Plain City, OH 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 13th day of May , 19 9~, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Union County, Ohio. Said Petition prays for annexation to the City of Dublin ,Ohio, of 56.Of acres, more or less, in Jerome Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. Dated: ~ „~~4~48 Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF TIDE AFOREMEN IONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS r 8 day of ~1 , 19~_. CLERK'S OFFICE .: UNION COUNTY COMMISSIONERS COUNTY OFFICE BUILDING 233 WEST SIXTH STREET MARYSVILLE, OHIO 43040-1526 937-645-3012 FAX 937-645-3002 DON FRASER TOM McCARTHY JIM MITCHELL REBECCA ROUSH DEBRA JOBE Clerk Adm. Asst. COMMISSIONERS JOURNAL 42 -PAGE 626 -JULY 27.1998 RESOLUTION N0.360-98 RE: PETITION FOR ANNEXATION TO THE CITY OF DUBLIN, OHIO, OF 56.0 ACRES, MORE OR LESS. IN JEROME TOWNSHIP IN UNION COUNTY, OHIO A motion was made by Don Fraser and seconded by Tom McCarthy to approve the following resolution: DECISION The present annexation proceeding before us today was brought about by the application of the owners of real estate adjacent to a municipal corporation. As such, it is governed by the procedures set forth in Ohio Revised Code Sections 709.02-.12. This kind of annexation is initiated by the filing of a petition with the board of county commissioners of the county in which the territory is located. The petition must be signed by a majority of landowners in the territory adjacent to the municipal corporation. In addition the petition must contain a full legal description and accurate map or plat of the territory to be annexed, a statement of the number of real estate owners in the territory, and the name of the person or persons acting as agent for the petitioners. The board of county commissioners conducts a public hearing on the petition, accepting evidence and hearing testimony in support of and against the proposed annexation. The statute mandates that the board of county commissioners shall enter an order upon its journal allowing the annexation if it finds that: (1) the petition contains all matter required in Section 709.02 of the Revised Code; (2) notice has been published as required by section 709.031 of the Revised Code; (3) the persons whose names are subscribed to the petition are owners of real estate located in the territory in the petition, and as of the time the petition was filed with the board of county commissioners the number of valid signatures on the petition constituted a majority of the owners of real estate in the territory proposed to be annexed; (4) the municipal corporation to which the territory is proposed to be annexed has compiled with division (B) of section 709.031 of the Revised Code; (5) the territory included in the annexation petition is not unreasonably large; (6) the map or plat is accurate; and (7) the general good of the territory sought to be annexed will be served if the annexation petition is granted. The legislative authority of the municipal corporation (city council) then must accept the application for annexation by resolution or ordinance. The annexation takes effect and the territory becomes part of the municipality 30 days after passage of the resolution or ordinance. PAGE 2 Findings of Fact There is no question and there was no dispute that the evidence established by a preponderance that: 1) the petition contains all matter required in section 709.02 of the Revised Code; 2) notice was published as required by section 709.031 of the Revised Code; 3) the persons whose names are subscribed to the petition were, at the time of the filing of the petition, the owners of real estate located in the territory in the petition, and as of the time the petition was filed with the Board of County Commissioners, the number of valid signatures on the petition constituted all of the owners of real estate in the territory proposed to be annexed; 4) the municipal corporation to which the territory is proposed to be annexed (City of Dublin) has complied with division (B) of section 709.031 of the Revised Code; and 5) the map or plat, as amended, is accurate; 6) the territory included in the annexation petition is not unreasonably large; 7) the general good of the territory sought to be annexed will be served if the annexation petition is granted. Having concluded that there is a preponderance of reliable, probative and substantial - ~ evidence to support the seven criteria which must be found in order to grant an annexation petition, we cast our vote for the annexation. A roll call vote resulted as follows: Don Fraser, Yea Jim Mitchell, Abstain Tom McCarthy, Yea CC: William Adams, M/I Schottenstein Homes, Inc. Harrison W. Smith, Smith & Hale Jerome Township Trustees City of Dublin Union County Auditor Union County Recorder Union County Engineer Commissioners File ,.,