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54-02 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No 30043 Ordinance No ...............54.-02........................_........ Passed AN ORDINANCE PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO FOR A CHANGE OF TOWNSHIP LINES OF CONCORD TOWNSHIP FOR THAT PORTION 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, Ohio Revised Code §503.07 authorizes the Dublin City Council to petition the Board of County Commissioners of Delaware 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 Concord 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 Delaware County, Ohio, for a change of township lines of Concord Township to remove the area included within the corporate limits of the City of Dublin, as shown on the attached Exhibit "A", from Concord Township and place it in Washington Township pursuant to the terms and provisions of the Ohio Revised Code §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, "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 §503.07, to the Board of County Commissioners of Delaware County, Ohio. 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 Delaware County, as a petition praying for such changes to the boundary lines of Concord Township as set forth herein. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 54-02 Page 2 Ordinance No Passed . Section 4. That this Ordinance is declared to be an emergency measure necessary to protect the health, safety and welfare of the citizens of Dublin and shall take effect upon passage. Passed this ~7~L day of ~ , 2002. Mayor - residing Officer Attest: Clerk of Council 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. ~~K, 'lerk of Council, Dublin, Ohio ' August 30, 2001 EXHIBIT d D D DESCRIPTION OF A 42.387 ACRE TRACT TO BE ANNEXED ~ FROM CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO TO CITY OF DUBLIN, OHIO (MUIRFIELD VILLAGE GOLF CLUB) Situated in the State of Ohio, County of Delaware, Township of Concord, in Virginia Military Survey No. 2545, and being all or portions of the following tracts of land: 1. all of a 41.260 acre tract of land conveyed to Muirfield Village Golf Club by deed of record in Deed Book 494, Page 653; 2. the portion of Dublin Road (Ohio Route 745) (70 feet wide) immediately adjacent to and west of said 41.260 acre tract; all references being to the Recorder's Office, Delaware County, Ohio, and bounded and described as follows: Beginning at a point in the westerly line of a tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes as shown on the plat of Muirfield Village Phase 8 of record in Plat Book 12, Pages 23, 24, 25 and 26, said point being at the intersection of the westerly right-of-way line of Dublin Road (Ohio Route 745) with a north line of said 41.260 acre tract, the south line of a 6.053 acre tract of land conveyed to Mary J. Buchsieb by deeds of record in Deed Book 451, Page 254 and Deed Book 562, Page 411 and the south line of the existing Shawnee Hills Corporation Line established by Ordinance No. 184, December 28, 1973, of record in Plat Book 10, Page 90, extended westerly; thence N 71 ° 38' 28" E crossing a portion of said tract of land conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes, crossing a portion of a 1.282 acre tract of land conveyed to Village of Dublin, Ohio for Dublin Road (Ohio Route 745) right-of-way purposes by deed of record in Deed Book 411, Page 660, crossing a portion of Dublin Road (Ohio Route 745) along a portion of the south line of said Village of Shawnee Hills Corporation Line established by Ordinance No. 184, along a north line of said 41.260 acre tract, along the south line of said 6.053 acre tract and along a south line of a 1.500 acre tract of land conveyed to C.M.S. Investment Co. by deed of record in Deed Book 486, Page 318, and subsequently recorded as Winners Office Park Condominium in Plat Book 22, Pages 95 through 102, a distance of 707.60 feet to a point at the southwest corner of said 1.500 acre tract, at the southeast ~oYner of a 0.500 acre tract of land conveyed to South Heidelberg Inca by deed of record in Deed Book 506, Page-466, at the northwest corner of a 0.186 acre tract of land conveyed to South Heidelberg Inc. by deed of record in Deed Book 506, Page 462 and at a corner of said 41.260 acre tract; thence S 16° 02' 09" E along an east line of said 41.260 acre tract, along the east line extended southerly of said 1.500 acre tract, along the west line extended southerly of said 0.500 acre tract and along the west line of said 0.186 acre tract a distance of 20.02 feet to a point at the southwest corner of said 0.186 acre tract and at a corner of said 41.260 acre tract; thence N 71 ° 38' 28" E along a of a north line of said 41.260 acre tract and along a of a south line of said 0.186 acre tract a distance of 89.17 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; Page 1 of 3 01-079/Kroger Revised Annex.doc 1.,`~A~, • August 30, 2001 thence N 71 ° 34' 37" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 123.46 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 78° 33' S5" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 68.92 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 80° 28' 28" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.91 feet to a point at a corner of said 41.260 acre tract and at a corner of said 0.186 acre tract; thence N 73° 38' 36" E along a north line of said 41.260 acre tract and along a south line of said 0.186 acre tract a distance of 36.31 feet to a point at the southeast corner of said 0.186 acre tract, at the northeast corner of said 41.260 acre tract and in the west line of a 10.7 acre tract of land conveyed to The City of Columbus by deed of record in Deed Book 160, Page 174; thence S 34° 51' 08" E along an east line of said 41.260 acre tract and along a portion of a west line of said 10.7 acre tract a distance of 1,181.76 feet to a point at a corner of said 41.260 acre tract and at the southwest corner of said 10.7 acre tract; thence N 70° 58' 33" E along a north line of said 41.260 acre tract and along the south line of said 10.7 acre tract a distance of 181.00 feet to a point at a corner of said 41.260 acre tract, at the southeast corner of said 10.7 acre tract and in the west bank of the Scioto River at the low water mark; thence S 15° 52' S1" E along an east line of said 41.260 acre tract and along a portion of the low water mark of said west bank of the Scioto River a distance of 245.77 feet to a point at the southeast corner of said 41.260 acre tract and at the northeast corner of Lot Number 4013 as shown on the plat of Hiland Heights, of record in Plat Book 5, Pages 21, 22 and 23; thence S 71 ° 00' 43" W along the south line of said 41.260 acre tract, along the north lines of Lot Nos. 4013, 4012, 4011, 4010, 4009, 4008 and 400.0, crossing a portion of the right-of-way of Dublin Road (Ohio Route 745), crossing a portion of said 1.282 acre tract and crossing a portion of said tract conveyed to Village of Dublin for Dublin Road (Ohio Route 745) right-of-way purposes a distance of 1,606.63 feet to a point in the westerly right-of-w~ line of Dublin Road (Ohio Route 745); thence N 16° 47' 54" W along a portion of the westerly right-of-way line of Dublin Road (Ohio Route 745) a distance of 1,099.38 feet to an angle point of the westerly right-of-way line of Dublin Road (Ohio Route 745); thence N 16° 36' 11" W along a portion of the westerly right-of-way line of Dublin ' Road (Ohio Route 745) a distance of 330.52 feet to the place of beginning; containing 42.387 acres of land more or less. The above description was prepared by Jay R. Miller, Ohio Surveyor No. 8061, of C.F. Bird & R.J. Bull, Inc., Consulting Engineers and Surveyors, Columbus, Ohio, for annexation purposes only from best available Court House records in August, 2001. Basis of bearings is the centerline of Dublin Road -Ohio Route 745, being S 16° 29' Page 2 of 3 01-079/Kroger Revised Annex.doc August 30, 2001 49" E, as shown upon the plat of Muirfield Village Pha,~e.,8; of record in Plat Book 12, Pages 23, 24, 25 and 26, Recorder's Office, Dr"tjfY~~, Ohio. jjfr ~N• ..tip.. 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