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56-05 Ordinance RECORD OF ORDINANCES Dayron Leal Blank. Inc. Form No. 30043 56-OS Ordinance No. Passed 2~ AN ORDINANCE TO ACCEPT AN ANNEXATION OF 65.5 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (5274 COSGRAY ROAD - FLOYD AND JOYCE MILLER -CASE N0.05-095 ANNEX). WHEREAS, on July 5, 2005, the Franklin County Commissioners approved the regular annexation petition for 65.5 acres, more or less, from Washington Township, Franklin County to the City of Dublin, as filed on May 25, 2005 by Harrison W. Smith, Jr., Agent for Petitioners Floyd and Joyce Miller, 5274 Cosgray Road, Dublin, Ohio 43016; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997; NOW, THEREF RE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 1. The petition for the annexation of 65.5 acres, more or less (see attached legal description, Exhibit "A") to the City of Dublin, Ohio is hereby accepted. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this ~7'~"~ day of ~~d.lJ' 'C ~ , 2005. Signed: Mayor -Presiding Officer Attest: Clerk of Council Passed: ~)~Q , 2005 Effective: U ht~ ~ Lo , 2005 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. Jr~i"J--Z,~ I 1~ i uty Clerk of Council, Dublin, Ohio ~^x ~ ~ ANNEXATION 65.5 ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OH10, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, LYING IN VIIZGINIA MILITARY SURVEY NOS. 6953 AND 3453, BEING PART OF THE ORIGINAL 64.12 ACRE TRACT (PARCEL I) AND ALL OF THE 8 1/3 ACRE TRACT (PARCEL In CONVEYED TO FLOYD AND JOYCE E. MILLER BY DEED OF RECORD IN INSTRUMENT NUMBER 200411030253231, PART OF TIIE TRACT CONVEYED TO NEW YORK CENTRAL LINES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF THE RIGHT-OF-WAY OF COSGRAY ROAD (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCF, 63-02 OF RECORD IN INSTRUMENT NUMBER 2002052901 3 1 862, BEING IN THE WESTERLY RAILROAD RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LWES LLC TRACT AT THE COMMON CORNER OF SAID ORIGINAL 64.12 AND 8 1/3 ACRE TRACTS; THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIIvIATELY 79 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 89-90 OF RECORD IN OFFICIAL, RECORD 16039A18 AND IN THE EASTERLY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT; THENCE SOUTHEASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (89-90) AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 1220 FEET, TO A POINT IN THE EXISTING CITY OF COLUMBUS CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 1533-02 OF RECORD IN INSTRUMENT NUMBER 200212260331528; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1553-02), ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT AND WITH THE SOUTHERLY LINE OF SAID 8 1/3 ACRE TRACT, A DISTANCE OF APPROXIMATELY 751 FEET, TO A POINT IN THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT; THENCE SOUTHERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02} AND THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 222 FEET, TO A POINT; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE SOUTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, AND ACROSS SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 2238 FEET, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 216 FEET, TO A POINT; ANNEXATION 65.5 ACRES -2- THENCE WESTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 70 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY l 1 13 FEET, TO A POII~1T; THENCE EASTERLY, WITH THE EAS"TERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 10 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 737 FEET, TO A POWT; THENCE EASTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 60 FEET, TO A POWT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 733 FEET, TO A POINT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 106 FEET, TO A POINT; THENCE EASTERLY, WITH THE SOUTHERLY LINE OF A 11.001 ACRE TRACT CONVEYED TO FLOYD MILLER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200504210074844, ADISTANCE OF APPROXIMATELY 1061 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY LINE OF SAID 11.001 ACRE TRACT, A DISTANCE OF APPROXIMATELY 439 FEET, TO A POINT TN THE EXISTING CITY OF DUBLIN CORPORATION LINE (63-02); THENCE EASTERLY, WITH SAID CITY OF DUBLII~I CORPORATION LINE (63-02) AND THE NORTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 1177 FEET, TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 65.5 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON AND TILTON, INC. ```~~~~~"OF'tO~~~~ JE ILLER i JEFFREY A. DATE . : MILLER ~ G T SURVEYOR NO. 72] 1 =-o : 7211 ~ JAM: hlk/27ApROS ~~~'`~9~~.'~S7EQ`~~~•~:' 6S.S ac annex 50343.doc ~~'~sis vPJ`~~ '~%,,~ONAL S r., i.,u+.n,~nR~.ear{~1.t.000U1~17W4Yw.ArC~rILGF Lwti0.fGta(7 S - ROTIID Br'.` ~ecTC - 1M.145G~f; ,WiO /F ICR! - rl.~tQ{t7 w f i I 0 22 r.~ n ~ I Bud's saes I, ~ ~ h ~ ~ ~ sundr~s~on ~ P, B. 55, PG ~6 ~ g I ~ 1 rnqurnFG nn 1 I I ~o ,lU~ ~l~°d ,,~d~.~- g d r ~ 1 , ty0 ~ _ y -,,K/y F, O l1 \ 2 NQ ti \ ~ ~ Z7 ~ ~ I qE i~ $ n ~ eQO ~ ~ ~ o ~ ~ti 0 ~ ~ \ ~ S~ ~ Q ~ ~ M 2 o b r n ~ ~ ~n~q g ~ ~ I ~ ~ P ~ ~ ~ I ~ ~ ~ ~ ti~ ~ I ~Z ~ ~ti C ti ~ a ~ ~ ~z ~ o, ~ ~ i ~ ~ ~ 1 ~ o~~~ ~~z 4 ` ~ ~v ~n ~ o `o A \ 7 ~ : 3 ~ ~ ~ ~ ~ ~ s~ ~ :gNa 2 ~ ~ O ~4go ~ ~ e ~ ~ ~ ° ~~a~~ ~ .~'s ~ O. ~O ~ ~ ~ ~ ` J 4 ~ ~ 1* yyyyyy~~~~~ ~ \ ~ ~ ~ fi $ ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ ~ ` o r.. ts's ~ •F O y ~~FY p O ~ ~ O O o ~ v~ ~ ~ ~ C ~ \ Vie. ~ v v C nr~,~.~ o~°~~ l 1 j' ~ N k ~ Q l`'^l, 8~ 3 aa~ND ~~IIIIIIIIIIIIIIII tiv~ ~ ~ ~t ~ ~ S ~ T nmZ o D N 1111111 IIII~II r~A ~ I~ L' p~~~ Q^ ~ A ~ ° IIIiI~~I a'g ~,n ~~s~ o~ ~ ~ ~ ~ ~ ~ ~ ~ g ~ 3 ~ 1111111 ° ~ Q~Q ~ ' ~~Q' ~ j1 ~ D 111111 111111 ~ N ~ y ti ~ 4 _ D ° _ ~ ~ ~ `Y $ ~ D ~~A m IIII ~ ~ ~ 111111 ~ y`'~Y ~ ~ . Q g asp 2 +"'~Z IIIIII ~ S' ~ s s ~ ~ a 11111111111 r ~ 3 ~ ~ ~ o _ 1--- v ~ n ~ Z ~ O ~ A i ~ rn ~ o~ I,~°j 1 I i I ~ o ~ ~ o g % D ti~~ I \ p' I I~ i ~Or~...Q p ~ p ~rag~A ~ sQ ~ g it I I 5` 9 B $S. y ~ 0 3 j 1 ~ ~ o~ b o . i ~ g ti ~ _ . ~ 1 I 1 I ~ ti/ o i~ ; o ~ r S .1~ 7 Office of the City Manager CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manage~~-.,.~ s, Date: October 10, 2005 Initiated By: Daniel D. Bird, FAICP Director of Land Use and Long Range Planning Gary P. Gunderman, AICP Assistant Director of Land Use and Lo e Planning Re: Second Reading Ordinance 56-OS - An Ordinance to accept an annexation of 65.5 acres, more or less, in Washington Township, Franklin County to the City of Dublin (5274 Cosgray Road -Floyd and Joyce Miller -Case No. OS- 095ANNEX). Summary This proposed annexation is for 65.5 acres including 60.49 acres of farm land and 2.80 acres of Cosgray Road right-o~way and 2.21 acres of railroad right-of--way. Per the Ohio Revised Code regarding annexations, the City of Dublin was required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. Resolutions 41-OS and 42-OS were passed by City Council on June 6, 2005. Copies of the Resolutions and the informational memo are attached for reference. These Resolutions were forwarded to the Franklin County Commissioners for their hearing on the annexation of the 65.5 acres. This hearing took place on July 5, 2005 and the Commissioners passed Resolutions 521-OS and 556-OS which approved the annexation. Copies of these Resolutions are attached for reference. Per Ohio Revised Code, the City shall accept or reject the annexation petition by ordinance or resolution after sixty days from the passage of the Resolutions by the County. After the required thirty days, Ordinance 56-OS will be in effect and the property will be incorporated into the City of Dublin. 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 and . Memo to City Council Re: Ord. 56-OS -Annexation 5274 Cosgray Road October 12, 2005 -Page Two agreements with the City of Columbus. Staff recommends approval of Ordinance 56-OS accepting the annexation of 65.5 acres, more or less, in Washington Township, Franklin County to the City of Dublin. Office of the City Manager CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manage Date: September 28, 2005 Initiated By: Daniel D. Bird, FAICP Director of Land Use and Long Range Plannin Gary P. Gu~}tler~an, AICP Assistant Director of Land Use and Long Range Planning A ~ 1(j~ Re: ORDINANCE 56-OS - AN ORDINANCE TO ACCEPT AN ANNEXATION OF 65.5 ACRES, MORE OR LESS, IN WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN (5274 COSGRAY ROAD - FLOYD AND JOYCE MILLER -CASE NO.OS-095ANNEX). Summary This proposed annexation is for 65.5 acres including 60.49 acres of farm land and 2.80 acres of Cosgray Road right-o~way and 2.21 acres of railroad right-of--way. Per the Ohio Revised Code regarding annexations, the City of Dublin was required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. Resolutions 41-OS and 42-OS were passed by City Council on June 6, 2005. Copies of the Resolutions and the informational memo are attached for reference. These Resolutions were forwarded to the Franklin County Commissioners for their hearing on the annexation of the 65.5 acres. This hearing took place on July 5, 2005 and the Commissioners passed Resolutions 521-OS and 556-OS which approved the annexation. Copies of these Resolutions are attached for reference. Per Ohio Revised Code, the City shall accept or reject the annexation petition by ordinance or resolution after sixty days from the passage of the Resolutions by the County. This first reading of Ordinance 56-OS will allow the annexation petition to be accepted or rejected within that time, as the second reading will be at the October 17, 2005 meeting. After the required thirty days, Ordinance 56-OS will be in effect and the property will be incorporated into the City of Dublin. 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 and agreements with the City of Columbus. Staff recommends approval of Ordinance 56-OS accepting the annexation of 65.5 acres, more or less, in Washington Township, Franklin County to the City of Dublin. _ ~ ~ ~ ~ ~ .NAP ~ +1 \ @ ` yl \ i i _ _ Proposed Annexation of 65.5 Acres 9 i. Ar=-1'. ';SHIER RINGS RD' - - ~ I - _ p _ ~ ~ i1~f 1_ _ ~ , i ~c - - _ i . . - . _ ._-i _ t- ~ 1 ---C } 'n ~x - ~ ~ 3 - 1 - - ,=Y _ K„ t ,~.4 ~ _ ; ~ w..~ ~ _ U m_ y ~ ' j.y _ G ~ ~ - r ~ ~ -j . kr~ ' ~ 1 x} ~ ` / t I-. y f - - F. j _ ~ ~ City of°Co~umbus Y~ r . - - - - V J 1 J RUN , ~ t t j - s > Franklin County Where Government Works Commissioners Mary 1o Kilroy, President ,~11711~X<It10[1 ~a~()t)1~ Dewey R. Stokes - Paula Brooks ~~:})e~ilt~~d ~ ~~Y)-~l'.Vle~•ti~ I~T"t~~l-~~S I~t)ard ~f ~~ount'v~ ~~ml~~issi~)ners Development Department C~;el~el~ai ~essiol~-.lllly ?(>()5 Case Number Annexation Case #19-OS Type of filing Expedited 2 Description Acreage 65.5 ± Acres Township(s) From Washington Township Municipality To City of Dublin Site Address and PID 5274 Cosgray Road Petition Brought By Floyd and Joyce Miller Agent: Jackson B. Reynolds, III. Dates Filing Date May 25, 2005 Journalized June 7, 2005 Notification Served: May 25, 2005 Engineer Review: May 20, 2005 Conditions for Annexation Yes No Comments Properly Filed (see Appendix N) ~ 100% of Owners Signatures ~ One of One Does Not Exceed 500 Acres ~ Minimum Contiguous Boundary of 5% ~ North, East and South Will Not Create Unincorporated Island Service Agreement ~ Pass June 6, 2005 (Attached) Road Maintenance Issue Resolved (if applicable) ~ Reviewed and Accepted Recommendation • All technical requirements have been met. No objections have been presented by either the Township or City. Staff recommends approval 280 East Broad Street, Columbus, Ohio 43215-6304 Tel: 614-462-3094 Fax: 614-462-7155 www.FranklinCountyOhio.gov July 5, 2005 RESOLUTION NUMBER 556-05 REVIEW OF PETITION TO ANNEX 65.5 ACRES FROM WASHINGTON TOWNSHIP TO THE CITY OF DUBLIN BY FLOYD AND JOYCE MILLER. CASE #ANX-EXP2-19-OS WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalized the petition of Floyd and Joyce Miller on May 25, 2005 and solicited to and/or been heard by all persons desiring to be reviewed for or against the granting of the Expedited 2 petition, and having considered all the facts with reference thereto, being fully advised, and WHEREAS, the Commissioners make the following findings based upon the exhibits and testimony presented at the review of this matter: 1. The petition meets all the requirements set forth in, and was filed in the manner provided in, section 709.021 of the Revised Code. 2. The persons who signed the petition are owners of the real estate located in the territory proposed for annexation and constitute all of the owners of real estate in that territory. 3. The territory proposed for annexation does not exceed five hundred acres. 4. The territory proposed for annexation shares a contiguous boundary with the municipal corporation to which annexation is proposed for a continuous length of at least five percent of the perimeter of the territory proposed for annexation. 5. The annexation will not create an unincorporated area of the township that is completely surrounded by the territory proposed for annexation. 6. The municipal corporation to which annexation is proposed has agreed to provide to the territory proposed for annexation the services specified in the relevant service ordinance # 41-05, passed on June 6, 2005 by the City of Dublin Council. Therefore uppon the motion of Commissioner Brooks seconded by Commissioner Stokes BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: That, in accordance with the findings made in the preamble, which are incorporated herein, the prayer of the Petition be approved, and the territory sought to be annexed by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accordance with the law; that the orders and proceedings of this board relating to the Petition, and map and description attached thereto, and all papers on file relating to this matter be delivered forthwith to the Clerk of Council, City of Dublin, Ohio. Voting Aye thereon: - =~u MARY J ROY, PRES ENT CS~~ DEWEY STOKES PAULA BROOKS BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: i HEREE~Y CE TIFY'fl~#ATTNE AE~VE ~~~~~-~MARy JO KILROY, PRESIDENT CORRECT C Y t~~ 1-~EsOLII~'lj~i`a 0 Ate !'T1rJ B liE ~tAh~~LIN talJ~i`~Y C M! 510? HS iV ~y i ~WEY R. STOKES PAULA BROOKS BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO TJN c: Journal Development Department RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 42-OS Pulsed 20 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 65.5 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE. WHEREAS, a petition for an Expedited II method of annexation of 65.5 acres, more or less, from Washington Township, Franklin County, was filed in the offices of the Board of County Commissioners of Franklin County, Ohio, on May 25, 2005 by Harrison W. Smith, Jr., agent for Petitioners Floyd and Joyce Miller, 5274 Cosgray Road, Dublin, OH 43016; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this Resolution must state that should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street right-of--ways; and bicycle and pedestrian paths and sidewalks; and _ WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed territory be automatically rezoned to R-Rural District 41 subject to regulations and procedures contained in the City of Dublin Zoning Code and a z~, amendments; and 0 WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to o the east and portions of the north, adjacent to the City of Columbus to the south, and adjacent to unincorporated territory to the west and portions of the north. o \ ~ r, NCW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, J o ~ State of Ohio, of the elected members concurring that: N O ~ ~ Section 1. The City of Dublin adopts the following statement for the 65.5 acres, o- o• a ~ more or less, in Washington Township, Franklin County: ~ O ~ S q~ Should the territory (a) be annexed and (b) subsequently become subject to zoning ) ~ pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses T in the annexed territory that Dublin City Council determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land RECORD OF RESOLUTIONS Dayton Legal Blank Inc Form No 30045 Resolution No. 42-~5 Passed Page 2 . 20 remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township should land adjacent to the territory be determined to be unincorporated territory. Section 2. This Resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this day of , 2005. Mayor -Presiding Officer ATTEST: Clerk of Council JUNE 28, 2005 RESOLUTION NUMBER 521-05 i FIXING RESOLUTION TO SET DATE AND TIlVIE TO i REVIEW A PETITION TO ANNEX ' 65.5 ACRES FROM WASHINGTON TOWNSHIP TO THE 'CITY OF DUBLIN, OHIO BY FLOYD AND JOYCE MILLER. FIXED FOR TUESDAY, JULY 5, 2005 AT 9:00 A.M. CASE #ANX-EXP2-19-OS WHEREAS, a petition was filed pursuant to ORC 709.023 (the expedited two process) on May 25, 2005; WHEREAS, there were no ordinances or resolutions consenting or objecting to the petition (709.023[D]) passed or filed concerning said petition; WHEREAS this review of the petition is mandated by 709.023 (E); WHEREAS, the Board of County Commissioners of Franklin County, Ohio are presented the petition for annexation of certain adjacent territory to the City of Dublin, Ohio filed by Floyd and Joyce Miller and appointing Jackson B. Reynolds, III. as agent for the said territory being described as follows: SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,LYING IN VIRGINIA MILITARY SURVEY NOS. 6953 AND 3453, BEING PART OF THE ORIGINAL 64.12 ACRE TRACT (PARCEL 1) AND ALL OF THE 8 1/3 ACRE TRACT (PARCEL II) CONVEYED TO FLOYD AND JOYCE E. MILLER BY DEED OF RECORD IN INSTRUMENTNUMBER 200411030253231, PART OF THE TRACT CONVEYED TO NEW YORK CENTRAL LINES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF THE RIGHT-OF-WAY OF COSGRAY ROAD (ALL REFERENCES REFER TO THE RECORDSOF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDNANCE 63-02 OF RECORD IN INSTRUMENT NUMBER 200205290131862, BEING IN THE WESTERLY RAILROAD RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT AT THE COMMON CORNER OF SAID ORIGINAL 64.12 AND 8 1/3 ACRE TRACTS; THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) ANDACROSS SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 79 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 89-90 OF RECORD IN OFFICIAL RECORD 16039A18 AND INTHE EASTERLY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT; THENCE SOUTFIEASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (89-90) ANDTHE EASTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXII~~IATELY 1220 FEET, TO A POINT IN THE EXISTING CITY OF COLUMBUS CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 1533-02 OF RECORD IN INSTRUMENT NUMBER 200212260331528; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1553-02), ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT AND WITH THE SOUTHERLY LINE OF SAID 8 1/3 ACRE TRACT, A DISTANCE OF APPROXIMATELY 751 FEET, TO A POINT IN THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT; THENCE SOUTHERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 222 FEET, TO A POINT; ~I THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE SOUTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, AND ACROSS SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 2238 FEET, TO A POINT IN THE WESTERLY RIGHT-OF- WAY LINE OF SAID COSGRAY ROAD; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 216 FEET, TO A POINT; THENCE WESTERLY. ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIlVIATELY 70 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 1113 FEET. TO A POINT; THENCE EASTERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 10 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 737 FEET, TO A POINT; THENCE EASTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 60 FEET, TO A POINT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 733 FEET, TO A POINT; THENCE SOUTHERLY, WIT H THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 106 FEET, TO A POINT; THENCE EASTERLY, WITH THE SOUTHERLY LINE OF A 11.001 ACRE TRACT CONVEYED TO FLOYD MII.,LER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200504210074844, ADISTANCE OF APPROXIMATELY 1061 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY LINE OF SAID 11.001 ACRE TRACT, A DISTANCE OF APPROXIMATELY 439 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE (63-02); THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND THE NORTHERLY LINE OF SAID OR. IGINAL 64.12 ACRE TRACT, A DISTANCE OF APPRO~MATELY 1177 FEET, TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 65.5 ACRES OF LAND, MORE OR LESS. WHEREAS, together with a map of said territory accompanying said petition filed with the Board of County Commissioners, Franklin County, Ohio, on May 25, 2005, be and the same are hereby filed in the Office of the County Auditor; WHEREAS, the Ohio Revised Code in Section 709.031 stipulates that the County Commissioners can ask the County Engineer for a report on the accuracy of the map or plat; now, therefore, upon the motion of Commissioner Stokes ,seconded by Commissioner Brooks ; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN COUNTY, OHIO: Section 1. That a review upon said petition shall be held in the County Commissioners' Hearing Room, 26th Floor of the Franklin County Courthouse at 9:00 A.M. on July O5, 2005; and Section 2. That the Director of Development to the Board of County Commissioners be and hereby is directed to notify the agent of the petitioners of the time and place of said review; and Section 3. That the map or plat road was reviewed and approved on May 20, 2005 by the County Engineer of Franklin County, Ohio, for the accuracy of its legal description. Voting Aye thereon: ~ , ~L MARY O RO , P IDENT EWEY .STOKES AULA BROOKS BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO Voting Nay thereon: ~ ~.I s"'l r~,~ ~ tt.~t~; ~ MARY JO KILROY, PRESIDENT 1 ? 9 ' Z Z~C~ } ;~i~ v~ 1.~.;~ ~ a~ ..~u ~ Z~ ~ DEWEY R. STOKES PAULA BROOKS BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, OHIO TJN c: Journal Development Department - RECORD OF RESOLUTIC'NS Oa BNn Mc Fo Fb ]OOaS Resolution No. 42-OS Pnserd 10 A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 65.5 ACRES, MORE OR 1 LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY ~ TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION ! 709.023(C) OF THE OHIO REVISED CODE. WHEREAS, a petition for an Expedited II method of annexation of 65.5 acres, more or less, from Washington Township, Franklin County, was filed in the offices of the Board of County Commissioners of Franklin County, Ohio, on May 25, 2005 by Harrison W. Smith, Jr., agent for Petitioners F?oyd and Joyce Miller, 5274 Cosgray Road, Dublin, OH 43016; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this Resolution must state that should (a) the territory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council wilt require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street right-of--ways; and bicycle and pedestrian paths and sidewalks; and _ WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that upon annexation, the annexed temtory be automatically rezoned to R-Rural District ~ m subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and n. o ~ ~ ~ WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to e ~ the east and portions of the north, adjacent to the City of Columbus to the south, and adjacent to unincorporated temtory to the west and portions of the north. o , 0 A - „ ~ NQW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, r .z ~ State of Ohio, ~ of the elected members concurring that: o 0 Section 1. The City of Dublin adopts the following statement for the 65.5 acres, ~o~^ Z more or less, in Washington Township, Franklin County: O o T S ,p a ~g Should the territory (a) be annexed and (b) subsequently become subject to zoning v r ~ pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses in the annexed territory that Dublin City Council determines aze cleazly incompatible s with the uses permitted under current county or township zoning in the adjacent land RECORD OF RESOLUTI('''S De ei Bow be F x YJW 5 Resolution Nn. 42-OS ?ossed Page 2 2e remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the Zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township should land adjacent to the temtory be determined to be unincorporated temtory. Section 2. This Resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this day of , 2005. Mayor -Presiding Officer ATTEST: Clerk of Council RECORD OF RESOLUTIr -'S Da im iB~a~. Inc o.]Wa5 Re.calwinn Nn. 4I-OS Passed 20 A RESOLUTION TO SET FORTH A STATEMENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 65.5 ACRES, MORE OR LESS, FROM i WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN, OHIO, AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE - WHEREAS, an Expedited Type II annexation petition for 65.5 acres, more or less, from Washington Township, Franklin County, to the City of Dublin was filed in the offices of the Franklin County Commissioners on May 25, 2005 by Harrison W. Smith, Jr., Agent for Petitioners Floyd Miller and Joyce Miller, 5274 Cosgray Road, ~ Dublin, OH 43016; and I WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal Authority shall adopt a statement indicating what services the Municipal Corporation will provide to the temtory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation upon annexation; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension area, as provided under the agreements with the City of Columbus; and ~ WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: I ~ Section 1. The City of Dublin will provide the following municipal services for the 65.5 acres, more or less in Washington Township, Franklin County, upon the annexation of the area to the City of Dublin, Ohio: Police. The City will provide Police and communications service on a twenty-four hour basis and also has mutual aid agreements with other municipalities. Dublin operates with a minimum of five cruisers on duty. The annexation area lies approximately five driving miles southwest of the Justice Center, Dublin's Police headquarters. A response time of approximately ten minutes for an emergency situation should be expected for this area. i Fire. Awell-staffed fire department in Washington Township will provide fire and emergency medical services protection. The City of Dublin is contracted with i Washington Township for emergency services. They, too, have mutual aid agreements with other municipalities and townships. This annexation would not ~ change Fire Department jurisdictional boundaries, therefore, response times for fire and emergency medical services will not be affected. Washington Township Fire ~ Station #91 is located approximately three miles northeast of the annexation area, and normal response time should be approximately six minutes. 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 Cosgray Road and Rings Road in the area of this annexation and wilt continue to do so at the same levels upon annexation of this property. RECORD OF RESOLUTIO''S o, ~_F~,~ ~.5 Resolution No. 41-OS Passed Page 2 . zo i Section 2. The City has water and sanitary sewer service agreements with the City I~ 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 II supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public water distribution and sanitary sewer collection systems exist on the north side of Rings Road to serve this property and will be available upon annexation. Section 3. This Resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. Passed this day of , 2005. Mayor -Presiding Officer ATTEST Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-4 10-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manager~~,`,~5. 13 Date: June 1, 2005 ' ee Inctcated By: Paul A. Hammersmith, P.E., Director of Engmeenng/Ccty Engm r Barbara A. Cox, P.E., Assistant Director of Engineering -Development Daniel D. Bird, FAICP Director of Land Use and Long Range Planning,~S~~ Gary P. Gundercnan, AICP Assistant Director of Land Use and Long Range Place Re: A Resolution Adopting a Statement of Services for a Proposed Annexation of 65.5 Acres from Washington Township, Franklin County, to the City of Dublin, Ohio (Applicant: Floyd and Joyce Miller) A Resolution Adopting a Statement regarding possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 65.5 Acres, more or less, from Washington Township, Franklin County to the City of Dublin, Ohio as required by Section 709.023 (C) of the Ohio Revised Code Summary This proposed annexation is for 65.5 acres including approximately 1.2 acres ofright-of--way on Cosgray Road. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent unincorporated land. The following information is provided to support the information contained within the two resolutions. Background ZONING and COMMUNITY PLAN The current Washington Township zoning classification for this property is R-SR, Suburban Residential, which allows single-family dwellings on a minimum two-acre lot. 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 five-acre lot on this property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for medium density residential, 1-2 dwelling units per acre for the entire tract. The existing adjacent properties include: CSX railroad and undeveloped property to the east, an M/I Homes residential subdivision project in the City of Columbus to the south, and existing large lot single family homes to the north and west. Memo to Members of City ('-•~ncil RE: Annexation of 65.5 A. on Cosgray Road June I, 2005 Page 2 of 3 FUTURE DEVELOPMENT The City has been approached by an applicant regarding developing this property as medium density residential (retirement community with clubhouse) with approximately two dwellings per acre within a planned district. The existing home and outbuildings located at 5274 Cosgray Road are not included in the area to be annexed. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.9 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 police and communications services at the same or similaz level now being provided to other areas of the City with similaz land use and population. • FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than 3.4 miles away on Shier-Rings Road. 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 with similar land use and population. • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the City. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision near Rings Road. Franklin County is planning on widening Cosgray Road to a divided four- lane roadway. A 16-inch watermain is planned with the roadway work to the southern property line of the Miller pazcel to be annexed. This waterline will have to be extended to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is located within the tributary area of the Upper Scioto West Subtrunk sewer. This 36-inch sewer was installed to provide service to the Hayden Run area developments as a cooperative project between the City of Columbus and the developers. This sewer will have to be extended to this site and to the northwest edge of the property in order to provide service to adjacent properties. • STORMWATER MANAGEMENT AND FLOODPLAIN This property is located outside the watersheds as defined by the Stormwater Master Plan. The property is relatively flat and drains both easterly and westerly. The east portion will drain into the recently installed 42-inch storm sewer that crosses the Homewood parcel to the east. The western portion drains across Cosgray Road into the Faust County Ditch (top reach of the Hayden Run). This property is located outside the FEMA designated floodplain for the Cosgray Creek. Memo to Members of City C^~~ncil RE: Annexation of 65.5 Ac on Cosgray Road June 1, 2005 Page 3 of 3 • ROADS AND STREETS The primary road serving this acreage is Cosgray Road, which is classified as a scenic minor arterial on the Thoroughfare Plan. Cosgray Road is required to have 60 feet ofright-of--way according to the Thoroughfare Plan. If the City of Dublin plans to extend the four-lane divided roadway, additional right- of-way will be needed from this property. 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 and agreements with the City of Columbus. Staff recommends approval of the Resolutions regarding the Statement of Services and Possible Incompatible Land uses. Upon City Council's approval, these approved Resolutions will be forwarded to the Franklin County Commissioners for their hearing on the annexation of the 76.884 acres. SCNOTTENSTEIN ZCjX & D U N N ~Q.~P~ MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Anne Clazke, Clerk of Council FROM: Stephen J. Smith, Law Director J. Corey Colombo DATE: June 1, 2005 RE: Resolution Nos. 41-OS and 42-OS SUMMARY: On May 25, 2005, attorney/agent Harrison W. Smith, Jr. filed an annexation petition, on behalf of Floyd and Joyce Miller, with the Franklin County Commissioners. The petition is for 65.5 acres of land, located on 5274 Cosgray Road in Washington Township, which is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited Two" annexation method. The "Expedited Two" annexation method has some timing requirements that aze 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. Resolutions 41-OS and 42-OS have been prepazed for these purposes and for your consideration. The county commissioners will grant the proposed annexation, without a heazing, 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. If neither the municipality nor the township object, the commissioners must grant the proposed annexation, without a hearing, if certain criteria in R.C. 709.023 have been established. RECOMMENDATION: Legal Staff recommends approval of Resolution Nos. 41-OS and 42-OS {HOS55193.1 } NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clark, Council Clerk City of Dublin 6665 Emerald Parkway Dublin, Ohio 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 25`h day of May, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 65.5 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. ~ Dated: ~7~Z,7 l 1~' ~ arrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~2.~5 f'h day of ~Q U , 20~,j_. L.~~ ~~b!/~2,ri.~ LERK'S OFFICE F:docs\s&hannes1200S\clark-65.S.no~(S/23/OS)jth ROPERTY OWNER ATTORNEY AREA COMMISSION Loyd Miller & Joyce E. Miller Jackson B. Reynolds, III 274 Cosgray Road Smith & Hale Lublin, OH 43016 37 W_ Broad Street, Suite 725 72-000020 Columbus, OH 43215 SURROUNDING PROPERTY >WNERS )ennis E. & Carolyn L. Wuertz Patch Family LP, c/o Betty S. Patch New York Central Lines LLC 851 Weldon Road 6800 Rings Road 500 Water Street 'lain City, OH 43064 P.O. Box 156 Jacksonville, FL 32202 72-000284 Atnlin, OH 43002 010-265640 010-265638 Q/I Homes of Central Ohio, LLC Douglas R. Hoover, Jr. & Gerald & Patricia Bickhart Easton Oval Cathleen M. Hoover 5175 Cosgray Road 5153 Cosgray Road Dublin, OH 43016 :olumbus, OH 43219 Dublin, OH 43016 110-265641 272-000461 272-000462 ohn E. & Lillian Badurina Roger A. & Anne I. McBrayer Donald S. Weaston 195 Cosgray Road 5213 Cosgray Road 5225 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 !72-000463 272-000464 272-000465 yin E. & Cathie L. Briskey Bryan D. & Margaret F. Scott Bryan P. Monesi r Cosgray Road 5251 Cosgray Road 5308 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 ?72-000466 272-000467 272-000616 Zosaline Gosetto & Cosgray Road LLC Russell R. & Bernice D. Everman 6724 Perimeter Loop Road glexis L. Gosetto 5881 Hayden Run Road Sui[e 201 1295 Braunton Road Hilliard, OH 43026 Dublin, OH 43017 ~olumbus, OH 43220 274-000035 274-001004 Z74-000026 F:docs\s&htabels\200\burnside-Cosgray t.lbi (5/23/05) jth - kECEILIID PLAY 25'85 ar~18~8E EXPEDITED TYPE II PETITION FOR ANNEXATION {SECTION 709.023) TO THE City of Dublin OF 65.5 ACRES MORE OR LESS IN THE TOWNSHIP(S) OF Washington TO THE BOARD OF COUNTY COMMISSIONERS OF Franklin COUNTY, OHIO: The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 65.5 acres with a total perimeter boundary of 10.232' ,more or less, in the Township of Washington which area is contiguous along 2.476' or 24 °lo and adjacent to the City of Dublin , do hereby pray that said territory be annexed to the City of Dublin according to the statutes of the State of Ohio and [hat no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. [n support of said Petition, your petitioners state that there is/are within the territory so prayed to be annexed two {2) OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 43215, 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 Franklin County Engineer in his examination of the 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. WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL M LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS - Floyd ler / Joyce E Miller' Page of f:docs\s&hannex~2005Wublin-mifler65.S.pa (a/15/05) jth ANNEXATION 65.5 ACRES TO: CITY OF DUBLIN FROM: TOWNSHIP OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, LYING IN VIRGINIA MILITARY SURVEY NOS. 6953 AND 3453, BEING PART OF THE ORIGINAL 64.12 ACRE TRACT (PARCEL I) AND ALL OF THE 8 1/3 ACRE TRACT (PARCEL II) CONVEYED TO FLOYD AND JOYCE E. MILLER BY DEED OF RECORD IN INSTRUMENT NUMBER 200411030253231, PART OF THE TRACT CONVEYED TO NEW YORK CENTRAL LINES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF THE RIGHT-OF-WAY OF COSGRAY ROAD (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 63-02 OF RECORD IN INSTRUMENT NUMBER 200205290131862, BEING IN THE WESTERLY RAILROAD RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT AT THE COMMON CORNER OF SAID ORIGINAL 64. t 2 AND 8 1/3 ACRE TRACTS; THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 79 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 89-90 OF RECORD IN OFFICIAL RECORD 16039A18 AND IN THE EASTERLY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT; THENCE SOUTHEASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LII~IE (89-90) AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 1220 FEET, TO A POINT IN THE EXISTING CITY OF COLUMBUS CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 1533-02 OF RECORD IN INSTRUMENT NUMBER 200212260331528; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1553-02), ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT AND WITH THE SOUTHERLY LINE OF SAID 8 1/3 ACRE TRACT, A DISTANCE OF APPROXIMATELY 751 FEET, TO A POINT IN THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT; THENCE SOUTHERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 222 FEET, TO A POII~1T; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE SOUTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, AND ACROSS SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 2238 FEET, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 216 FEET, TO A POINT; ANNEXATION 65.5 ACRES -Z- THENCE WESTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 70 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 1113 FEET, TO A POINT; THENCE EASTERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 10 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 737 FEET, TO A POINT; THENCE EASTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 60 FEET, TO A POIIV1'; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 733 FEET, TO A POINT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 106 FEET, TO A POINT; THENCE EASTERLY, WITH THE SOUTHERLY LINE OF A 11.001 ACRE TRACT CONVEYED TO FLOYD MILLER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200504210074844, ADISTANCE OF APPROXIMATELY 1061 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY LINE OF SAID 11.001 ACRE TRACT, A DISTANCE OF APPROXIMATELY 439 FEET, TO A POINT TN THE EXISTING CITY OF DUBLIN CORPORATION LINE (63-02); THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND THE NORTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 1177 FEET, TO THE POINT OF BEGINNING AND CONTAINTiVG APPROXIMATELY 65.5 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON AND TILTON, INC. `.`~`~'~~~O~F,,~~r'% r JEFFREY A. i JE ILLER DATE * : MILLER ' ~ i 721t ~ G T SURVEYOR N0.7211 Q~,~ JAM: hlk/27APROS '~~~~~F ~'~.~5 ~.f" QJ~~~` 65.5 ac annex 50343.doc ~~i~~is/pNAI g~~~~~`` ~~4~rrn?rs«~~ CITY OF DUBLIN.. August 2, 2005 Dublin City Counal S?00 Emerald Parkway i, Ohio 43017-1006 Ph iDD:614-410-4400 Tammy Noble Fax: b14-161-6590 Franklin County Development Department Web Site: www.dublin.oh.us 280 E. Broad Street, Room 202 Mayor Columbus, OH 43215-6304 Marilee (hinniri-Zuerrher RE: 65.5+/- acre Expedited Type 2 annexation petition from Washington vice Mayor Township to the City of Dublin (Petitioners: Floyd and Joyce Miller) Timothy A. lecklider (athyA.Boring Dear Ms. Noble: Michael H. Keenan Thomas M. McCash John s. Reiner On August 2, 2005 we received the transcript of the County Commissioners' Amy 1. Salay hearing regarding the above-referenced annexation. Clerk oI (ounril Anne C. Clarke Following the expiration of 60 days per state statute, this annexation will be scheduled for first reading at Dublin City Council on Monday, October 3. Please contact me if you need additional information. Sincerely, ~ , Anne C. Clarke Clerk of Council c: Jackson B. Reynolds, III, Agent for Petitioners Gary Gunderman, Asst. Planning Director, City of Dublin Barb Cox, Asst. Director of Engineering, City of Dublin J. Corey, Colombo, Asst. Law Director, City of Dublin CITY OF DUBLIN,. Dublin City Cound) June 7, 2005 5100 Emerald Parkway ^ublin, Ohio 43011-1006 ie/TDD: 614.410-4400 Fax:614-161.6590 Ms. Nancy Thompson web Site: www.dublin.oh.us Franklin County Development Department Mayor 280 E. Broad Street, Room 202 Marilee Chinnici-Zuercher Columbus, OH 43215-6304 vice Mayor RE: Resolution 41-OS - Adopting a Statement of Services for a Proposed Timothy A. lerklider Annexation of 65.5 acres, more or less, in Washington Township to the Cathy A. Boring City of Dublin. (Petitioner Floyd and Joyce Miller) Michael H. Heenan Thomas M. Mc(ash John G. Reiner Resolution 42-OS - Adopting a Statement Regarding Possible Amy l.Solay Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of Clerk of Council 65.5 Acres, more or less, from Washington Township, Franklin County, to Anne C. Clarke the City of Dublin, Ohio, as Required by Section 70-9.023(C) of the Ohio Revised Code. (Petitioner Floyd and Joyce Miller) Dear Nancy: Enclosed are certified copies of the above-referenced resolutions as approved by City Council on June 6, 2005. Please let me know if you need additional information. Sincerely, Anne C. Clarke Clerk of Council Enclosures c: Jack Reynolds, Attorney for Petitioner Gary Gunderman, Assistant Planning Director SMITH Sc HALE HARRISON W. SMITH, JR. HARRISON W. SMITH BEN W. HALE, JR. ATTORNEYS AND COUNSELORS AT LAW 1900-1978 JEFFREY L. BROWN 37 WEST BROAD STREET GLEN A. DUGGER JACKSON B. REYNOLDS, III COLUMBUS, OHIO 43215-4199 NICHOLAS C. CAVALARIS DAVID L. HODGE AARON L. UNDER HILL 6 1 4/ 2 2 1- 4 2 5 5 ~fS~'{ i ¢i(4y 4.e` ~ ~ ! June 8, 2005 ~ ~~I ~n-' - The Franklin County Board of County Commissioners c/o Franklin County Development Department 280 East Broad Street, Room 202 Columbus, OH 43215 RE: 65.5 ± acre annexation to the City of Dublin -filing materials Dear Commissioners: I, on behalf of the petitioners, for the annexation of 65.5 ± acres from Washington Township to the City of Dublin I hereby file the following documents in accordance with Section 709.023 of the Ohio Revised Code: 1. Affidavit of Filing Petition with Township Clerk(s) 2. Affidavit of Filing Petition with Council Clerk 3. Affidavit of Notice to Surrounding Property Owners 4. Service Resolution # 41-OS & 42-OS from the Dublin City Council It should be noted that the Service Resolution was filed with the Board of County Commissioners by the 20t`' day after the filing of the annexation petition with your office thereby meeting the timing requirements of Section 709.023 of the Ohio Revised Code. I look forward to meeting with the Commissioners to review the submitted documents for the annexation to the City of Dublin as required under Section 709.023(E). If you have any questions please give me a. call. V ruly yours, _ l~~ ckson B. Reyno ,III JBR/jth Enclosure F:docs\s&hannex\2005\65.5-fcddanx.ltr(6/7/OS)jth AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION WITH TOWNSHIP CLERK STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 65.5 ± acres, more or less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 25`h day of May, 2005. A copy of the Annexation Petition, map and legal description was served personally on the Township Clerk of Washington Township on 25th day of May, 2005 by the affiant. Said personal service on the Washington Township Clerk was done within five (5) days of the filing the Annexation Petition with the Franklin County Board of County Commissioners according to Ohio Revised Code Section 709.023. Further Affiant Sayeth Naught. Name J~r~l~5o , ~ ~t 0! ~5 l/~ Sworn to before me and s~rgned it my presence; a Notary Public in and for said State and County on this ~1~ day c~f , 201J 5 . .~,.~ic , ~ PAULA V. PRICE Notary PenGr,. State of Ohio ~<~t1 j~ ,;ices 07-13-07 F:docs\s&hannex\2005\65.5-anxpet-twp.aff (6/7/05) jth y~~~ ~ NOTICE OF FILING OF ANNEXATION PETITION TO: Joyce Robinson, Township Clerk Washington Township 5965 Wilcox Place, Suite B Dublin, Ohio 43016 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 25th day of May, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 65.5 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. ~ ~ Dated: ~ `5 - Harrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS ~S day of , 20 O ~ CL OFFICE F:docs~.s&hannex~2005~robinson-65.S.not(5/23/OS)jth AFFIDAVIT OF NOTICE TO SURROUNDING PROPERTY OF FILING OF ANNEXATION PETITION STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 65.5 acres, more or less, in Washington Township to be annexed to City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 25"' day of May, 2005. A copy of the Annexation Petition, map and legal description was mailed by First Class U.S. Mail on 25"' day of May, 2005 to each of the surrounding property owners shown on the attached sheet within five (5) days of the filing of the Annexation Petition as required in Section 709.023 of the Ohio Revised Code. Further Affiant Sayeth Naught. ame J ~ ~O1~5 Sworn to before me and a •n my presence; a Notary Public in and for said State and County on this ~ day f , 20 d 7 Notary Public ' PAULA V. PRICE =s s ~ , ~ N"''". "„~lic State of Ohio ~ ? E~ires 07-13-07 F:docs\s&hannex\2005\65.5-anxpet-prop.aff(6/7/OS)jth AFFIDAVIT OF NOTICE OF FILING OF ANNEXATION PETITION WITH MUNICIPAL COUNCIL CLERK STATE OF OHIO } COUNTY OF FRANKLIN } SS: Jackson B. Reynolds, III, being first duly sworn, deposes and says that he is the agent for petitioner(s) in that certain Annexation Petition wherein it is prayed that 65.5 ± acres, more or less, in Washington Township to be annexed to the City of Dublin, Ohio, said Annexation Petition was filed in accordance with the provisions of Section 709.02 of the Ohio Revised Code with the Franklin County Board of County Commissioners on 25th day of May, 2005. A copy of the Annexation Petition, map and legal description was served personally on the Council Clerk of Dublin on 25th day of May, 2005 by the affiant. Said personal service on the Dublin Council Clerk was done within five (5) days of the filing the Annexation Petition with the Franklin County Board of County Commissioners according to Ohio Revised Code Section 709.023. Further Affiant Sayeth Naught. y 0`Gr S ame Sworn to before me and sign my presence; a Notary Public in and for said State and County on this ' day of _ , 20~. Notary Public Jpo;~P~iAc'S~`4: { PAULA V. PRICE t fdotarv P+st:lic, State of Ohio d' .R • _ Mutt E~Kes 07-13-07 rq~ F:docs\s&hannex\2005\65.5-anxpet-mun.aff (6/7/05) jth NOTICE OF FILING OF ANNEXATION PETITION TO: Anne Clark, Council Clerk City of Dublin 6665 Emerald Parkway Dublin, Ohio 43017 In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are hereby notified that, on the 25th day of May, 2005, the undersigned, as Agent for the Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of Franklin County, Ohio. Said Petition prays for annexation to the City of Dublin, Ohio, of 65.5 acres, more or less, in Washington Township. A copy of said Petition, with description and plat, is attached hereto and made a part hereof. ~ Dated: ~~ZS ` arrison W. Smith, Jr. Agent for Petitioners RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED THIS o~5 day of t/ , 201_• L~~ L~~[n~c~ ' ICE LERK S OFF F:docs\s&hannex\2005\clark-65.S.not(5/23/OS)jth 06/07/05 10:44 FAY 7616590 LEGISLATIVE AFFAIRS 1002/014 RECORD OF RESOLUTIONS Oayion Lagai Blank. inc., Form I.a. ]g0s5 41-OS Pnssed 2() Resolution No. A RESOLUTION TO SET FORTH A STATEMENT OF SERVICES TO BE PROVIDED TO THE AREA IN A PROPOSED ANNEXATION OF 65.5 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN, OHIO, AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE WHEREAS, an Expedited Type II annexation petition for 65.5 acres, more or less, from Washington Township, Franklin County, to the City of Dublin was filed in the offices of the Franklin County Commissioners on May 25, 2005 by Harrison W. Smith, Jr., Agent for Petitioners Floyd Miller and Joyce Miller, 5274 Cosgray Road, Dublin, OH 43016; and WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the hearing of the annexation petition, the Municipal Authority shall adopt a statement indicating what services the Municipal Corporation will provide to the territory proposed for annexation and an approximate date by which it will provide services to the territory proposed for annexation upon annexation; and WHEREAS, the area proposed for annexation lies within Dublin's exclusive water and sewer service extension azea, as provided under the agreements with the City of Columbus; and WHEREAS, the proposed annexation is in conformance with the annexation strategy contained in the Dublin Community Plan, adopted by Council on November 17, 1997. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concumng that: Section 1. The City of Dublin will provide the following municipal services for the 65.5 acres, more or less in Washington Township, Franklin County, upon the annexation of the area to the City of Dublin, Ohio: Police. The City will provide Police and communications service on a twenty-four hour basis and also has mutual aid agreements with other municipalities. Dublin operates with a minimum of five cruisers on duty. The annexation area lies approximately five driving miles southwest of the Justice Center, Dublin's Police headquarters. A response time of approximately ten minutes for an emergency situation should be expected for this area. Fire. Awell-staffed fire department in Washington Township will provide fire and emergency medical services protection. The City of Dublin is contracted with Washington Township for emergency services. They, too, have mutual aid agreements with other municipalities and townships. This annexation would not change Fire Department jurisdictional boundaries, therefore, response times for fire and emergency medical services will not be affected. Washington Township Fire Station #91 is located approximately three miles northeast of the annexation area, and normal response time should be approximately six minutes. 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 Cosgray Road and Rings Road in the area of this annexation and will continue to do so at the same levels upon annexation of this property. 06/07/05 10:45 FA% 7616590 LEGISLATIVE AFFAIRS ~ 003/014 RECORD OF RESOLUTIONS DaNon Legal Blank, Ittc.. Fo.m No. 300<5 41-OS Passed Page 2 zo ResohRion No. 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, sufficient public _ water distribution and sanitary sewer collection systems exist on the north side of Rings Road to serve this property and will be available upon annexation. Section 3. This Resolution shall be effective immediately upon passage, as provided under Section 4.04(a) of the Revised Charter. Passed this day of , 2005. Mayor -Presiding Officer ATTEST Clerk of Council I I 06/07/05 10:45 FAX 7616590 LEGISLATIVE AFFAIRS [x]004/014 Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 C1TY OF DUBLIIV_ Phone: 614-410-4400 • Fax: 614-410-4490 M e m o To: Members of City Council From: Jane S. Brautigam, City Manager~n,,,,,,~$. (j Date: June 1, 2005 er~\~ Initiated By: Paul A. Hammersmith, P.E., D'uector of Engineermg/City Engine Barbara A. Cox, P.E., Assistant Director of Engineering -Development Daniel D. Bird, FAICP Director of Land Use and Long Range Planning,CS,'"E-~-° . O Gary P. Gunderman AICP Assistant Director of Land Use and Long Range PLar~P'liffi~' Re: A Resolution Adopting a Statement of Services for a Proposed Annexation of 65.5 Acres from Washington Township, Franklin County, to the City of Dublin, Ohio (Applicant: Floyd and Joyce Miller) A Resolution Adopting a Statement regarding possible Incompatible Land Uses and Zoning Buffer for a Proposed Annexation of 65.5 Acres, more or less, from Washington Township, Franklin County to the City of Dublin, Ohio as required by Section 709.023 (C) of the Ohio Revised Code Summary This proposed annexation is for 65.5 acres including approximately 1.2 acres of right-of-way on Cosgray Road. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide a resolution stating what services the municipality will provide and a resolution that the City will require a buffer to separate the use of the annexed property if it is incompatible with the uses permitted under the township zoning on the adjacent (unincorporated land. The following information is provided to support the information contained within the two resolutions. Background ZONING and COMMZTNITYPLAN The current Washington Township zoning classification for this property is R-SR, Suburban Residential, which allows single-family dwellings on a minimum two-acre lot. 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 five-acre lot on this property. The Community Plan anticipated annexing this area by the year 2010. The adopted Future Land Use Map calls for medium density residential, 1-2 dwelling units per acre for the entire tract. The existing adjacent properties include: CSX railroad and undeveloped property to the east, an M/1 Homes residential subdivision project in the City of Columbus to the south, and existing large lot single family homes to the north and west. 06/07/05 10:45 FAX 7616590 LEGISLATIVE AFFAIRS (7]005/014 Memo to Members of City Council RE: Annexation of 65.5 Acres on Cosgray Road June 1, 2005 Page2of3 FUTURE DEVELOPMENT The City has been approached by an applicant regarding developing this property as medium density residential (retirement community with clubhouse) with approximately two dwellings per acre within a planned district. The existing home and outbuildings located at 5274 Cosgray Road are not included in the area to be annexed. SERVICE ASSESSMENT • POLICE PROTECTION The City of Dublin has five police districts and deploys a minimum of five cruisers. The subject annexation is located approximately 4.9 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 police and communications services at the same or similar level now being provided to other areas of the City with similaz land use and population. FIltE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS) The Washington Township Fire Department provides fire protection to this area of Dublin and already provides service to the subject property. The closest station is less than 3.4 miles away on Shier-Rings Road. The annexation area will be fully served with Fire and EM5 at the same or similar level now being provided to other areas of the City with similar land use and population. • SOLID WASTE COLLECTION The City of Dublin provides residential solid waste collection at no additional fee. The annexation area will be served with solid waste services at the same or similar level now being provided to other areas of the City. • WATER DISTRIBUTION The property is located within the exclusive annexation area of the Water Service Agreement with City of Columbus. Currently, the nearest public water in the City of Dublin is located within the Ballantrae subdivision near Rings Road. Franklin County is planning on widening Cosgray Road to a divided four- lane roadway. A 16-inch watermain is planned with the roadway work to the southern property line of the Miller parcel to be annexed. This waterline will have to be extended to serve this property. • SANITARY SEWER (WASTEWATER) COLLECTION The property is located within the exclusive annexation area within the Sanitary Service Agreement with City of Columbus. This property is Located within the tributary azea of the Upper Scioto West Subtrunk sewer. This 36-inch sewer was installed to provide service to the Hayden Run area developments as a cooperative project between the City of Columbus and the developers. This sewer will have to be extended to this site and to the northwest edge of the property in order to provide service to adjacent properties. STORMWATER MANAGEMENT AND FLOODPLAIN This property is located outside the watersheds as defined by the Stormwater Master Plan. The property is relatively flat and drains both easterly and westerly. The east portion will drain into the recently installed 42-inch storm sewer that crosses the Homewood parcel to the east. The western portion drains across Cosgray Road into the Faust County Ditch (top reach of the Hayden Run)_ This property is located outside the FEMA designated floodplain for the Cosgray Creek. 06/07/05 10:46 FAX 7616590 _ LEGISLATIVE AFFAIRS ~ 006/014 Memo to Members of City Council RE: Annexation of 65.5 Acres on Cosgray Road June 1, 2005 Page 3 of 3 • ROADS AND STREETS The primary road serving this acreage is Cosgray Road, which is classified as a scenic minor arterial on the Thoroughfare Plan. Cosgray Road is required to have 60 feet of right-of--way according to the 'I'horoughfaze Plan. If the City of Dublin plans to extend the four-Lane divided roadway, additional right- of-way will be needed from this property. 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 and agreements with the City of Columbus. Staff recommends approval of the Resolutions regarding the Statement of Services and Possible Incompatible Land uses. Upon City Council's approval, these approved Resolutions will be forwarded to the Franklin County Commissioners for their hearing on the annexation of the 76.884 acres. 06/07/05 10:46 FAX 7616590 LEGISLATIVE AFFAIRS X007/014 ~C~~T~'~P~,~~~I N' ~~~~~~:li~tYCa.~PA ! MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Anne Clarke, Clerk of Council FROM: Stephen J. Smith, Law Director J. Corey Colombo DATE: June 1, 2005 Resolution Nos. 41-OS and 42-OS SUMMARY: O~n May 25, 2005, attorney/agent Harrison W. Smith, Jr. filed an annexation petition, on behalf of Floyd and Joyce Miller, with the Franklin. County Commissioners. The petition is for 65.5 acres of land, located on 5274 Cosgray Road in Washington Township, which is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.023, which is also known as the "Expedited Two" annexation method. The "Expedited Two" annexation method 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. Resolutions 41-OS and 42-OS have been prepared for these purposes and for your consideration. The county commissioners will 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. If neither the municipality nor the township object, the commissioners must grant the proposed annexation, without a hearing, if certain criteria in R.C. 709.023 have been established. RECOMMENDATION: Legal Staff recommends approval of Resolution Nos. 41-OS and 42-OS (H0555191Ij 06/07/05 11:45 FAY 7616590 LEGISLATIVE AFFAIRS 0 002 RECORD OF RESOLUTIONS pa Ion Le el Blank, Inc.. Folm No. 30095 42-OS Passed ~ 20 Resolution Na. A RESOLUTION ADOPTING A STATEMENT REGARDING POSSIBLE INCOMPATIBLE LAND USES AND ZONING BUFFER FOR A PROPOSED ANNEXATION OF 65.5 ACRES, MORE OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED BY SECTION 709.023(C) OF THE OHIO REVISED CODE. WHEREAS, a petition for an Expedited II method of annexation of 65.5 acres, more or less, from Washington Township, Franklin County, was filed in the offices of the. Board of County Commissioners of Franklin County, Ohio, on May 25, 2005 by Hamson W. Smith, Jr., agent for Petitioners Floyd and Joyce Miller, 5274 Cosgray Road, Dublin, OH 43016; and WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C) of the Ohio Revised Code, requires that within 20 days of the petition being filed, the municipality to which annexation is proposed must adopt an ordinance or resolution relating to land uses and buffers if the territory proposed to be annexed is currently subject to either county zoning pursuant to Chapter 303 of the Ohio Revised Code or township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, the territory proposed for annexation is currently subject to township zoning pursuant to Chapter 519 of the Ohio Revised Code; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, this Resolution must state that should (a) the temtory be annexed and (b) subsequently becomes subject to municipal zoning, and (c) the municipal zoning permits uses in the annexed territory that the municipal corporation determines are clearly incompatible with the uses permitted under current county or township zoning in the adjacent land remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed territory to provide a buffer separating the use of the annexed temtory and the adjacent land remaining within the township; and WHEREAS, pursuant to Section 709.023(C) of the Ohio Revised Code, "buffer" includes open space, landscaping, fences, walls, and other structured elements; streets and street right-of--ways; and bicycle and pedestrian paths and sidewalks; and _ WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that ~ upon annexation, the annexed territory be automatically rezoned to R-Rural District ~ ~ { subject to regulations and procedures contained in the City of Dublin Zoning Code and amendments; and ~ a ~ ~ ~ ~ WHEREAS, the territory proposed for annexation is adjacent to the City of Dublin to o ~ the east and portions of the north, adjacent to the City of Columbus to the south, and adjacent to unincorporated temtory to the west and portions of the north. =o a. A r, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: r, '2' - ~ o 0 Section 1, The City of Dublin adopts the following statement for the 65.5 acres, m o _ ~ more or less, in Washington Township, Franklin County: z e. ° a o ~g Should the territory (a) be annexed and (b) subsequently become subject to zoning y' y ~ pursuant to the Dublin Codified Ordinances, and (c) the municipal zoning permits uses o Q s in the annexed territory that Dublin City Council determines are clearly incompatible o ~ with the uses permitted under current county or township zoning in the adjacent land 06/07/05 11:45 FAY 7616590 LEGISLATIVE AFFAIRS t~003 RECORD OF RESOLUTIONS oa o„ ai eia~x m~.. Foam No 3ooas 42-05 Pnssed Page 2 , zo Reso[ulion No. remaining in the township from which the territory was annexed, then the Dublin City Council will require, in the zoning ordinance permitting the incompatible uses, the owner of the annexed temtory to provide a buffer separating the use of the annexed territory and the adjacent land remaining within the township should land adjacent to the territory be determined to be unincorporated territory. Section 2. This Resolution shall be effective immediately upon its passage as provided under Section 4.04(a) of the Revised Charter. Passed this ~ day of , 2005. Mayor -Presiding Officer ATTEST: Clerk of Council I SMITH Sc HALE gttgs=J}~A ~ "IaF~' HARRISON W. SMITH, JR. HA'RFYI~O~~. S~tFi'" BEN w. HALE, JR. ATTORNEYS AND COUNSELORS AT LAW 1900-1978 JEFFREY L. BROWN 37 WEST BROAD STREET GLEN A. DUGGER JACKSON B. REYNOLDS, III COLUMBUS, OHIO 43 2 15-4199 NICHOLAS C. CAVALARIS - `~i t; . DAVID L. HODGE ` ~ ~ ' AARON L. UNDERHILL 6 1 4/ 2 2 1- 4 2 5 5 May 23, 2005 The Board of County Commissioners of Franklin County c/o Franklin County Development Department 280 East Broad Street, Room 202 Columbus, Ohio 43215 RE: 65.5 ± acres Annexation Petition from Washington Township to the City of Dublin Dear Commissioners: I am filing a petition for annexation of 65.5 ± acres from Washington Township to the City of Dublin on behalf of Floyd and Joyce Miller on May 25, 2005. I, on behalf of the petitioners, am requesting consideration of the annexation petition under Section 709.023 of the Ohio Revised Code, or as more commonly known, Expedited Type 2. There is 100°~o signature. rate of property owners and all the requirements under the applicable sections of the Ohio Revised Code have been or will be satisfied by the dates required under the new law. I will forward to the Clerk the necessary documentation prior to your review and should there be any questions prior to our scheduled meeting, please give me a call. V y ruly ours, l~ ckson B. Reynol III JBR/jth F:docs\sdchannex\2005\65.5-washingtontwp-dublin.ltr(5/23/OS)jth EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023) TO THE City of Dublin OF 65.5 ACRES MORE OR LESS IN THE TOWNSHIP(S) OF Washington TO THE BOARD OF COUNTY COMMISSIONERS OF Franklin COUNTY, OHIO: The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OF REAL ESTATE in the territory hereinafter described, consisting of 65.5 acres with a total perimeter boundary of 10,232' ,more or less, in the Township of Washington which area is contiguous along 2,476' or 24 % and adjacent to the Cif of Dublin , do hereby pray that said territory be annexed to the Cit~of Dublin according to the statutes of the State of Ohio and that no island of unincorporated area will be created by this annexation. A full and accurate description and a plat of said territory so prayed to be annexed are attached hereto and made part hereof. In support of said Petition, your petitioners state that there is/are within the territory so prayed to be annexed two 2L OWNER(S) OF REAL ESTATE. Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 725, Columbus, Ohio 43215, 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 Franklin County Engineer in his examination of the 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. 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 THE SPECIAL ANNEXATION PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE. NAME DATE ADDRESS ~'D~ ~~s ~ ~ ~ c' if ~ aid Floyd ler ~ ~ ~ Joyce Mille Page of F:docs\s&hannex~005\dublin-mi11er65.5.pet (4/15/05) jth rF TFgg f ei~~ t t!Fi i ~4!' LLB' PROPERTY OWNER ATTORNEY AREA COMMISSION Floyd Miller & Joyce E. Miller Jackson B. Reynolds, III 5274 Cosgray Road Smith & Hale Dublin, OH 43016 37 W. Broad Street, Suite 725 272-000020 Columbus, OH 43215 ~JRROUNDING PROPERTY OWNERS Dennis E. & Carolyn L. Wuertz Patch Family LP, c/o Betty S. Patch New York Central Lines LLC 6851 Weldon Road 6800 Rings Road 500 Water Street Plain City, OH 43064 P.O. Box 156 Jacksonville, FL 32202 272-000284 Amlin, OH 43002 010-265640 010-265638 M/I Homes of Central Ohio, LLC Douglas R. Hoover, Jr. & Gerald & Patricia Bickhart 3 Easton Oval Cathleen M. Hoover 5175 Cosgray Road Columbus, OH 43219 5153 Cosgray Road Dublin, OH 43016 010-265641 Dublin, OH 43016 272-000462 272-000461 John E. & Lillian Badurina Roger A. & Anne I. McBrayer Donald S. Weaston 5195 Cosgray Road 5213 Cosgray Road 5225 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000463 272-000464 272-000465 [arvin E. & Cathie L. Briskey Bryan D. & Margaret F. Scott Bryan P. Monesi 237 Cosgray Road 5251 Cosgray Road 5308 Cosgray Road Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016 272-000466 272-000467 272-000616 Rosaline Gosetto & Cosgray Road LLC Alexis L. Gosetto Russell R. & Bernice D. Everman 6724 Perimeter Loop Road 4295 Braunton Road 5881 Hayden Run Road Suite 201 Columbus, OH 43220 Hilliard, OH 43026 Dublin, OH 43017 274-000035 274-001004 274-000026 F:docs\s&hl abels\2005\burnside-Cosgray l.lbl (5/23/OS)jth • ~ ANNEXATION F 6 i ~ , ~ ~ ~ ~ 65.5 ACRES - ~ ° ' y -2- THENCE WESTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 70 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 1113 FEET, TO A POINT; THENCE EASTERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 10 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 737 FEET, TO A POINT; THENCE EASTERLY, ACROSS SAID COSGRAY ROAD RIGHT-OF-WAY, A DISTANCE OF APPROXIMATELY 60 FEET, TO A POINT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 733 FEET, TO A POINT; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 106 FEET, TO A POINT; THENCE EASTERLY, WITH THE SOUTHERLY LINE OF A 11.001 ACRE TRACT CONVEYED TO FLOYD MILLER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 200504210074844, ADISTANCE OF APPROXIMATELY 1061 FEET, TO A POINT; THENCE NORTHERLY, WITH THE EASTERLY LINE OF SAID 11.001 ACRE TRACT, A DISTANCE OF APPROXIMATELY 439 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE (63-02); THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND THE NORTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 1177 FEET, TO THE POINT OF BEGINNING AND CONTAINING APPROXIMATELY 65.5 ACRES OF LAND, MORE OR LESS. THIS DESCRIPTION WAS PREPARED FROM EXISTING RECORDS AND IS NOT TO BE USED FOR DEED TRANSFER. EVANS, MECHWART, HAMBLETON AND TILTON, INC. * = J MI L ERA JE II,LER DATE _ G T SURVEYOR NO. 7211 = 7211 ,~0'~ .p'~F~~STEP~~J~-~~ 6~ac anne~03o 3.doc ,'~~~SiS,4NAl S P~~.~` ~l+ttilt~l ANNEXATION 65.5 ACRES TO: CITY OF DUBLIN FROM: TOWNSHIl' OF WASHINGTON SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, LYING IN VIRGINIA MILITARY SURVEY NOS. 6953 AND 3453, BEING PART OF THE ORIGINAL 64.12 ACRE TRACT (PARCEL I) AND ALL OF THE 8 1/3 ACRE TRACT (PARCEL II) CONVEYED TO FLOYD AND JOYCE E. MILLER BY DEED OF RECORD IN INSTRUMENT NUMBER 200411030253231, PART OF THE TRACT CONVEYED TO NEW YORK CENTRAL LINES LLC BY DEED OF RECORD IN INSTRUMENT NUMBER 200212180325201, AND PART OF THE RIGHT-OF-WAY OF COSGRAY ROAD (ALL REFERENCES REFER TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO) AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 63-02 OF RECORD IN INSTRUMENT NUMBER 200205290131862, BEING IN THE WESTERLY RAILROAD RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT AT THE COMMON CORNER OF SAID ORIGINAL 64.12 AND 8 1/3 ACRE TRACTS; THENCE EASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (63-02) AND ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 79 FEET, TO A POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE AS ESTABLISHED BY ORDINANCE 89-90 OF RECORD IN OFFICIAL RECORD 16039A18 AND IN THE EASTERLY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT; THENCE SOUTHEASTERLY, WITH SAID CITY OF DUBLIN CORPORATION LINE (89-90) AND THE EASTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK CENTRAL LINES LLC TRACT, A DISTANCE OF APPROXIMATELY 1220 FEET, TO A POINT IN THE EXISTING CITY OF COLUMBUS CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 1533-02 OF RECORD IN INSTRUMENT NUMBER 200212260331528; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1553-02), ACROSS SAID NEW YORK CENTRAL LINES LLC TRACT AND WITH THE SOUTHERLY LINE OF SAID 8 1/3 ACRE TRACT, A DISTANCE OF APPROXIMATELY 751 FEET, TO A POINT IN THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT; THENCE SOUTHERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE EASTERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, A DISTANCE OF APPROXIMATELY 222 FEET, TO A POINT; THENCE WESTERLY, WITH SAID CITY OF COLUMBUS CORPORATION LINE (1533-02) AND THE SOUTHERLY LINE OF SAID ORIGINAL 64.12 ACRE TRACT, AND ACROSS SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 2238 FEET, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD; THENCE SOUTHERLY, WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, A DISTANCE OF APPROXIMATELY 216 FEET, TO A POINT;