26-06 Ordinance RECORD OF ORDINANCES
Dayron Legal Blank [nc. Form No 30Odl
26-06
Ordinance No. Passed , 20
ACCEPTING AN ANNEXATION OF 226.6 ACRES,
MORE OR LESS, IN WASHINGTON TOWNSHIP,
FRANKLIN COUNTY, TO THE CITY OF DUBLIN
(M/I HOMES - CARMEL FARMS)
WHEREAS, on February 14, 2006, the Franklin County Commissioners
approved the Expedited Type II annexation petition for 226.6 acres, more or
less, from Washington Township, Franklin County, to the City of Dublin, as
filed on January 10, 2006 by Harrison W. Smith, Jr., Agent for Petitioners
Fredrick F. Campbell, Bishop of Diocese of Columbus, 198 E. Broad Street,
Columbus, Ohio 43215; Florence Wuertz, Trustee, 7495 Rings Road, and
Charles Ewing, Carmel Farms, Inc., 5375 Cosgray Road, Dublin, Ohio 43016;
and Dennis E. Wuertz and Carolyn L. Wuertz, 6851 Weldon Road, Plain City,
Ohio 43064; 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 ORDAINED, by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
Section 1. That the petition for the annexation of 226.6 acres, more or less
(see attached legal description, Exhibit "A") to the City of Dublin, Ohio is
hereby accepted.
Section 2. That this Ordinance shall take effect and be in force from and after
the earliest date allowed by law.
Passed this th day of , 2006.
Mayor -Presiding Officer
Attest:
~~Clerk ouncil
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.
.9
D ty Clerk of Council, Dublin, Ohio
PROPOSED ANNEXA TION OF 226.6E ACRES TO THE Cl TY OF DUBLIN
FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO
VIRGINIA MlLI TAR Y S~JR I/EYS No. 7835 ~c 6953
TOWNSHIP OF WASHINGTON, r
RANKLIN COUNTY, OHIO
50, fit N~1E'
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Porte' /v Heie, a!. Culp '
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= Carmol Formes /ne. O.R. 12453 806 I PlD 272-000338 m
Parcel l I
0 : ~ P/O 272-000201 1 John Francisco Jr.,
~ • Orig/no/ 40 Ac. ~ Trostao
I O.R. 1245,7 808 PlD 27?-000158
P/D 272-OOOG57 ,
~ ~ _
~ : 1 Sharon Gi/liarn `£s
0 1 P/D 272-000323 '$a
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a ~ Margaret A. Haney ,
0 : P/D 272-000340 RINGS ROAD ~ ~5
f ~ gb~,.~,, 1
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Methodist Church [ ® ® ® Lomaster
_ 80f 305'! ...-----...~/-J ~ .k P/D 272-000108 1 exa G dl Samuel J
t ~i~~/ /J' ' 2
t406f v~ / 6 ~ ~ Fred~k F. Compbe/%// ~ O.R.1 32466 I14
Jeffrey D. Bryn6r / %H' 1 i~i!~/ / Bishop of the Diocese New York Central Linos PID 274-00100
3000 Ac. / of Columbus
/.N. ?00109210217553 Corme/ Forms, Inc. , 20.240 Ac. 1.34 Ac.
Pl0 272-000404 ~ Porte! 4~ N. 200503250055374/ LN. 200212180325201 ~
~ PID 274-001005
p 83.1 Original 24.97 Ac. P/D 272-000024
O.R. 12453 808
~p~. ~ PID 272-000053 18p1t (R&t Aa)
N~ Carmel Forms Inc. ~ Cosgroy Rood LLC
1 o Parcel /l/ ~~1(.!~ • N ~ P/D 274-001004
$3 Original 53.79 Ac. Elise L. Karl, Trustee ~ ~ Existing City of Dub//n \
m 295 ~ • ~ 3,~ f Corp. Lase \
H O.R. 12453 806 plD 272-000
N _ P10 272-00015% Ord /IS3-02
~ l.N. 200205190131862
fm11y 8r Lad~3651Bf Jeffrey R. Fisher
PID 272- 60't PID 2 72-0006 1 7
226.6.1' Ac. - - - -
/ •
o Donald D. ~ g
orlon Bryvn P. Monesi
PlD 271- PID: 272-000616
- Florenco Htrortz, Trustee - - - _ - -
a O.R. 24603 878 ~ ~ Brian C. & L~ndO 023dman~ •
y I.N. 2
0
0 112
050282225 yy~ P!D 272-D00
o' /.N. 200112050282224 In
ro $ P/D 272-000159 ~ / Be. / J. ~ Leslie G Newell
' N ~ PlD 2 72-00031 0
~ ~1/ / 60't ~ Proposed City of
7T3f/~ DWb/In Cavp. Lms
't ~ ~ ~ Case j/9-G5
Nu - Margaret F. Scott/•
P!D 272~00~/
Dennis E. Wuertz & M
~ E. 8 / ~ I ® Delmar L d• Tamara S Smith
Cordyn L. N4re,•tz Cathie L. Briskey Johnny ~ doro J. Koren C. Rot/iN P/D 272-000280
' 36.858 Ac. P10~~~~ Meade, Trustees P/D 272-000332
1 D.B. 3668, Pg. 317 PID 272-000079 0
P/D 272-000284 ?yeoston
Donald S 65 I • ® Brace A dr
' Pf0 272-0004 ,H I ® Gregory L. & P/D 272 Kin~~
Oon B. ~ PlD 27?-000329
• 1G3Bt John E Liso G. Morris
_ - - ~ ' Pl0 272-Oi00~j„
Lillian Bc'I`~nno
to /Pl~/// 3
Q
0
Dominion Nome /nc. ~ Douglas R. Jr. ~ - ~ Cero/O L. &
•1} P/D 272-000627 Cathleen M. Hover Roger A. rk Potr/cio R. Bickhart
• PID2-0004/1 _ _ Samuel L. Lemoster Annie McBrayw PlD 272-000462
/ PlO 272-000304 P/D 272-000464
7221 pinion Names, Ina
• P1D 2 72-0 0013 7 ;
1439.1 - -
i 1
Loyd d Kurtz 1
P/D 272-000067 ~ /~~~~t!` ~ li~ ANNEXATION
6 2006 ~ DBCIS~I7oN
JAN 0 AC(:EPTASLH
En ineer UBAN C. RINGLE, P.E.. P.S.
FranklinCouniy 9 F.RANlL[,iNCO(31dFYfiNGII~EEII
pean C. Ringle, P.E.,P.S.
By Date ~ i
~
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Byr ` ~ I le I4
Professkvra/ Surveyor Na 7840
Dede• August2~2005
wa
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EVANS, MECHWART, HAMBLETON Bc TILTON, INC. ZDLl~r079B
170 MILL STREET
~ GAHANNA.OHIO x3230
rELErxoNE(61gm-slso
AREA TD BE ANNEXED FACSaiH.E (6U)a71-9286 Sheet' ~ ~
REV/S/ONS
EX1S71NC dTY OF DUBLIN C(MP. LINE MARK DATE DESCR/P770N
TiV4Y 6^IfA75 AahledRkxls Rdb Cos,7reyRd
PRGWOSED dTY 01~ DUBLIN CORP. LINE 7AA~tlS Re~AFSdperafWXOOwxnerKa
TNW 8r3fAT.5 Spoilnp2
7NW A3T125 AaU9dRa'rosaeaespe broekabwn
NOte.' 77VW ftY1 Rev/sedbshowPnpafedAnnereebn Casel f9-0Sper COUntyEngirreev
Total perimeter of annexation area is
21,880 feet, of which 2,764 feet is
contiguous with the City of Dublin by i~jy ,i~;+~~ ,r1;
Ordinance Number 63-02, giving 13X ,~,i,
perimeter contiguity.
400' 0 400' 1300'
L OCA 770N MAP
GRAPHIC SCALE Nor To scALE
(/N FEET)
M/1 Homes of Centro/ Ohio, LLC Carmel Farms Annexation 2005-0798 5079
_ _
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
CITY OF DUBLIN..
To: Members of Cit Council Memo
Y
From: Jane S. Brautigam, City Manager
Date: April 26, 2006
Initiated By: Frank Ciarochi, Interim Director of Land Use and Long Range Planning
Gary P. Gunderman, AICP Assistant Director of Land Use and Long Range
Planning
Re: Ordinance 26-06 -Accepting an Annexation of 226.6 Acres,
More or Less, in Washington Township, Franklin County to the
City of Dublin (M/I Homes -Carmel Farms)
Summary
This proposed annexation is for 226.6 acres including pieces of the right-of-way of 1.66
acres on Rings and Cosgray Roads and .94 acres in railroad right-of-way. Per the Ohio
Revised Code regarding annexations, the City of Dublin is required to provide
resolutions stating what services the municipality will provide and 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 08-06 and 09-06 were passed by City Council on January 23, 2006.
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 226.6. acres. This hearing took place on February 14,
2006 and the Commissioners approved the annexation with Resolution 135-06. A copy
of the resolution is attached.
Per Ohio Revised Code, the City shall accept or reject the annexation petition by
ordinance or resolution at City Council's first regular meeting sixty days after the Clerk
of Council receives record of the county resolution. If approved, Ordinance 23-06 will
be effective 30 days after passage 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 agreements with the City of Columbus. Staff recommends approval of Ordinance
26-06 accepting the annexation of 226.6 acres, more or less, in Washington Township,
Franklin County to the City of Dublin.
D ~ ~ ~
~ ~
February 14, 2006
RESOLUTION NUMBER 13 5 - 0 6
CLERK OF COUNCIL
CITY OF DUBCIN
REVIEW OF PETITION TO ANNEX
226.6 ACRES FROM WASHINGTON TOWNSHIP
TO THE CITY OF DUBLIN BY
THE CARMEL FARMS, INCORPORATED, AND FLORENCE,
DENIMS, AND CAROLYN WUERTZ.
CASE #ANX-EXP2-O1-06.
WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to
journalize the petition that the Carmel Farms Incorporated, Florence Wuertz, Dennis Wuertz,
and Carolyn Wuertz filed on January 10, 2006 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 temtory 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 temtory 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 # 08-06, passed on January 23, 2006 by the City of Dublin Councii_
Therefore, upon the motion of Commissioner Stokes seconded by
Commissioner Kilroy '
BE IT RESOLVED BY THE BOARD OF COUNTY COIVIlVIISSIONERS OF FRAIVKI,IN
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:
,
MARY JO ROY
ESL ,,~,,t .,s a ; -r~~~- ~ P, r qrw DEWEY STOKES
ULA BROOKS, PRESIDENT
LE C BOARD OF COUNTY COMIVIISSIONERS
i FRANKL,IN COUNTY, OHIO
Voting Nay thereon:
MARY JO KILROY
DEWEY R. STOKES
PAULA BROOKS, PRESIDENT
BOARD OF COUNTY COMNIISSIONERS
FRANI~,IN COUNTY, OHIO
TJN
c: Development Department
~~C`'~'~VED
ANNEXATION
226.6+/-ACRES JAN 0 6 2006
TO: CITY OF DUBLIN ~=rankiin bounty i`ngineer
Lean C. Ringie, PE.,PS.
FROM: TOWNSHIP OF WASHINGTON
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,
VIRGINIA MILITARY SURVEYS NUMBER 7835 AND 6953, BEING ALL OF THE 20.240 ACRE
TRACT CONVEYED TO FREDERICK F. CAMPBELL, BISHOP OF THE DIOCESE OF
COLUMBUS BY DEED OF RECORD IN INSTRUMENT NUMBER 200503250055374, THE
REMAINDER OF AN ORIGINAL 24.97 ACRE TRACT CONVEYED AS PARCEL II, AND THE
REMAINDER OF AN ORIGINAL 53.79 ACRE TRACT CONVEYED AS PARCEL III TO CARMEL
FARMS, INC. BY DEED OF RECORD IN OFFICIAL RECORD 12453 B06, ALL OF THE 36.856
ACRE TRACT CONVEYED TO DENNIS E. WUERTZ AND CAROLYN L. WUERTZ BY DEED OF
RECORD IN DEED BOOK 3668, PAGE 317, ALL OF THE 100 ACRE TRACT CONVEYED TO
FLORENCE WUERTZ, TRUSTEE BY DEEDS OF RECORD IN OFFICIAL RECORD 24603 B18,
AND INSTRUMENT NUMBERS 200112050282224 AND 200112050282225, PART OF THE 1.34
ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN
INSTRUMENT NUMBER 200212180325201, AND PART OF RINGS ROAD AND COSGRAY
ROAD, (ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN
COUNTY, OHIO) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE 10.0 ACRE TRACT CONVEYED TO
SHARON L. FERRELL AND SHEILA G. LEMASTER AND SAMUEL J. LEMASTER BY DEED OF
RECORD IN OFFICIAL RECORD 32466 I14, BEING IN THE EASTERLY LINE OF SAID 134
ACRE TRACT, AND BEING AN ANGLE POINT IN THE EXISTING CITY OF DUBLIN
CORPORATION LINE, AS ESTABLISHED BYORDINANCE NUMBER 63-02, AND RECORDED
IN INSTRUMENT NUMBER 200205290131862;
THENCE SOUTHEASTERLY, A DISTANCE OF APPROXIMATELY 616 FEET, WITH SAID
EASTERLY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02), TO A
POINT;
THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 1802 FEET, ACROSS SAID 1.34
ACRE TRACT, AND WITH THE SOUTHERLY LINE OF SAID 20.240 ACRE TRACT,
CONTINUING WITH SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02), TO A
POINT' IN THE EASTERLY RIGHT-OF-WAY LINE OF COSGRAY ROAD;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 346 FEET, WITH SAID EASTERLY
RIGHT-OF-WAY LINE, AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (63-02),
TO A POINT;
THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID COSGRAY
ROAD, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE THEREOF;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 287 FEET, WITH SAID
WESTERLY RIGHT-0F-WAY LINE, TO A POINT IN THE SOUTHERLY" LINE OF THE
REMAIlVDER OF SAID ORIGINAL 24.97 ACRE TRACT;
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ANNEXATION
226.6+/- ACRES
-2-
THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 1111 FEET, WITH SAID
SOUTHERLY LINE, TO A POINT IN THE EASTERLY LINE OF THE REMAINDER OF SAID 53.79
ACRE TRACT;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 991 FEET, WITH SAID EASTERLY
LINE, TO A POIN"I' IN THE NORTHERLY LINE OF SAID 36.856 ACRE TRACT;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1112 FEET, WITH SAID
NORTHERLY LINE, TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID
COSGRAY ROAD;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 60 FEET, WITH SAID WESTERLY
RIGHT-0F-WAY LINE, TO A POINT IN A SOUTHERLY LINE OF SAID 36.856 ACRE TRACT;
THENCE, WTTH THE LINES OF SAID 36.856 ACRE TRACT, THE FOLLOWING COURSES AND
DISTANCES:
WESTERLY, A DISTANCE OF APPROXIMATELY 428 FEET, TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 1111 FEET, TO A POINT ;
WESTERLY, A DISTANCE OF APPROXIMATELY 722 FEET, TO A POINT;
NORTHERLY, A DISTANCE OF APPROXIMATELY 511 FEET, TO A POINT;
WESTERLY, A DISTANCE OF APPROXIMATELY 1038 FEET, TO A POINT IN THE EASTERLY
LINE OF SAID 100 ACRE TRACT;
THENCE, WTTH THE LINES OF SAID 100 ACRE TRACT, THE FOLLOWING COURSES AND
DISTANCES:
SOUTHERLY, A DISTANCE OF APPROXIMATELY 486 FEET, TO A POINT;
WESTERLY, A DISTANCE OF APPROXIMATELY 1439 FEET, TO A POINT;
NORTHERLY, A DISTANCE OF APPROXIMATELY 3049 FEET, TO A POINT IN THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD;
THENCE EASTERLY, A DISTANCE OF APPROXIIv1ATELY 32 FEET, WITH SAID SOUTHERLY
RIGHT-OF-WAY LINE, TO A POINT';
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID RIGS
ROAD, TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE THEREOF;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 305 FEET, WITH SAID NORTHERLY
RIGHT-OF-WAY LINE, TO A POINT;
THENCE SOUTT~RLY, A DISTANCE OF APPROXIMATELY 60 FEET, ACROSS SAID RINGS
ROAD, TO A POINT IN THE SOUTT-IERLY RIGHT-OF-WAY LINE THEREOF;
r4r3,~T~ j~''
L ~ ~ _ z.
ANNEXATION
226.6+/_ ACRES
-3-
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1406 FEET, WITH SAID
NORTHERLY RIGHT-0F-WAY LINE, TO A POINT' IN THE EASTERLY LINE OF SAID 100 ACRE
TRACT;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 440 FEET, WITH SAID EASTERLY
LINE, TO A NORTHWESTERLY CORNER OF THE REMAINDER OF SAID ORIGINAL 53.79
ACRE TRACT;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 283 FEET, WITH A NORTHERLY
LINE OF THE REMAINDER OF SAID ORIGINAL 53.79 ACRE TRACT, TO A POINT;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 443 FEET, WITH A WESTERLY
LINE OF THE REMAINDER OF SAID ORIGINAL 53.79 ACRE TRACT, TO A POINT IN THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID RINGS ROAD;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1425 FEET, WITH SAID
SOUTHERLY RIGHT-0F-WAY LINE, TO A NORTHEASTERLY CORNER OF THE REMAINDER
OF SAID ORIGINAL 24.97 ACRE TRACT;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 391 FEET, WITH AN EASTERLY
LINE OF THE REMAINDER OF SAID ORIGINAL 24.97 ACRE TRACT, TO A POINT;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 602 FEET, WITH A NORTHERLY
LINE OF THE REMAINDER OF SAID ORIGINAL 24.97 ACRE TRACT, TO A POINT' IN THE
WESTERLY RIGHT-OF-WAY OF SAID COSGRAY ROAD;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 44 FEET, WITH SAID WESTERLY
RIGHT-0F-WAY LINE, TO A POINT';
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1523 FEET, ACROSS SAID
COSGRAY ROAD, WITH THE NORTHERLY LINE OF SAID 20.240 ACRE TRACT, AND ACROSS
SAID 1.34 ACRE TRACT, TO TIC POINT OF BEGINNING, CONTAINING APPROXIMATELY
226.6 ACRES OF LAND, MORE OR LESS.
THIS DESCRIPTION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE
USED FOR DEED TRANSFER.
EVANS, MECHWART, HAMBLETON & TILTON, .INC.
P
mi _ _ O F py/,
JAMES M. PEARSALL DATE: ~~F-'~ ~,i_L
REGISTERED SURVEYOR N0.7840 ~ f= % „ : ~ - _
0~~. ~`GrSTE"G~.-
JMP:tnw/Oct05 SS~OivAL S'`'
226_6 aC annex 50798.dce u ~ n u ~
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Office of the City Manager
CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490 Me m o
To: Members of City Council
From: Jane S. Brautigam, City Manage~i'~~
Date: January 18, 2006 ~Sn
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
r
Daniel D. Bird, FAICP, Director of Land Use and Long Range Planning,~.~
Gary P. Gunderman, AICP Assistant Director of Land Use and I~~~h~ange Planning
Barbara A. Cox, P.E., Assistant Director of Engineering - Development(~Q,~~.
Stephen J. Smith, Director of Law ~~ll//
Re: Resolution 08-06 - A Resolution Adopting a Statement of Services for a
Proposed Annexation of 226.6 acres, more or less, from Washington
Township, Franklin County, to the City of Dublin, Ohio.
Resolution 09-06 - A Resolution Adopting A Statement Regarding
Possible Incompatible Land Uses And Zoning Buffer for a Proposed
Annexation Of 226.6 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
On January 10, 2006, attorney/agent Harrison W. Smith Jr. filed an annexation petition, on
behalf of Petitioners Fredrick F. Campbell, Bishop Diocese of Columbus, Florence Wuertz,
Trustee, Dennis Wuertz, Carolyn Wuertz, and Charles Ewing, Carmel Farms, Inc. with the
Franklin County Commissioners. The petition is for 226.6 acres more or less of land, located
south of Rings Road at Cosgray Road in Washington Township. The petition was filed pursuant
to R.C. 709.023, which is also known as the "Expedited Two" annexation method.
Under this process the City must first, within twenty days after the petition is filed, adopt an
ordinance or resolution relating to municipal services. Second, within twenty days after the
petition is filed, the City 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 Nos. 08-06 and 09-06 have been prepared for these purposes and for your
consideration.
The Franklin 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 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.
Memo to Dublin City Council
Re: Res. 08-06 and 09-06
January 18, 2006 -Page 2
This proposed annexation is for 226.6 acres more or less, including pieces of the right-of--way of
1.66 acres on Rings and Cosgray Roads and .94 acres in railroad right-of--way. Staff also
anticipates an additional annexation for property north of this area that will bring in much of the
right-of--way frontage along Rings Road adjacent to this annexation.
Background
ZONING AND COMMUNITY PLAN
The current Washington Township zoning classification for this property is R-SRR Semi-Rural
Residential District, which allows agricultural and single-family dwellings on a minimum of five
acres. Upon annexation, the property will be automatically zoned R-Rural District, 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, one to two dwelling units per acre for the entire
tract. The existing adjacent properties include: largely undeveloped property to the north, west,
and south, and scattered housing to the east with some adjacent areas to the northeast developed
in the Amlin area.
FUTURE DEVELOPMENT
Part of this area was shown on the plan that was presented by the Edwards Land Company which
showed Single Family Residential in this area. Until the City takes action on the annexation no
land use planning for this area will be considered. The existing farmstead and out buildings will
probably be demolished as new development takes place.
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 4.5 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 similar 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 three 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.
rviemo to liuniin ~:ity ~:ouncit
Re: Res. 08-06 and 09-06
January 18, 2006 -Page 3
• WATER DISTRIBUTION
These properties are 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 along Rings Road. A waterline will have to be
extended to serve this property.
• SANITARY SEWER (WASTEWATER) COLLECTION
The properties are located within the exclusive annexation area within the Sanitary Service
Agreement with City of Columbus. These properties are located within the tributary area of the
Upper Scioto West Subtrunk sewer. Sewer will have to be extended to serve this site.
• STORMWATER MANAGEMENT AND FLOODPLAIN
These properties are located outside the watersheds as defined by the Stormwater Master Plan.
These properties generally drain to the east. The Hayden Run originates in this area and provides
the drainage outlet. This property contains FEMA designated floodplain for the Hayden Run.
• ROADS AND STREETS
The primary roads serving this acreage are Cosgray, Rings and Houchard Roads, which are all
classified as scenic roadways on the Thoroughfare Plan. Cosgray Road is classified as a major
arterial and is required to have 100 feet of right-of--way according to the Thoroughfare Plan.
Houchard and Cosgray Roads are classified as collector roads and are required to have 70 feet of
right-of--way. If the City of Dublin plans to extend the four-lane divided roadway initiated by
Franklin County on Cosgray Road, additional right-of--way will be needed from this property.
The adopted Thoroughfare Plan shows new portions of Cosgray Road, Tuttle Crossing
Boulevard, and Houchard Roads within these properties. Accommodations for right-of--way
dedications will be expected.
Any new roads or streets, within a proposed development, which would be dedicated to the City,
would be maintained to the same degree and extent that these public facilities are maintained in
areas with similar land use and population.
Recommendation:
This property was identified within the proposed annexation areas of the Community Plan and is
located within the exclusive Dublin service area as defined in the Water and Sewer Agreements
with the City of Columbus. Staff recommends approval of the resolutions regarding the
Statement of Services and Possible Incompatible Land Uses. Upon City Council's approval,
these resolutions will be forwarded to the Franklin County Commissioners for their consideration
of the annexation of the 226.6 acres, more or less.
RECORD OF RESOLUTIONS
Day Legel Blenh Inc Flllln NO J0045
I~n 08-06 - -
i Rrsulurion Na. PusJed 20
A RESOLUTION ADOPTING A STATEMENT OF SERVICES
ail FOR A PROPOSED ANNEXATION OF 226.6 ACRES, MORE
I OR LESS, FROM WASHINGTON TOWNSHIP, FRANKLIN
COUNTY, TO THE CITY OF DUBLIN.
I
WHEREAS, an Expedited Type II annexation petition for 226.6 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 January 10, 2006 by Harrison W. I
Smith, Jr., Agent for petitioners Fredrick F. Campbell, Bishop of Diocese of
Columbus, 138 E. Broad Street, Columbus, Ohio 43215; Florence Wuertz, Trustee,
7495 Rings Road, and, Charles Ewing, Cannel Farms, Inc., 5375 Cosgray Road,
Dublin, Ohio 43016; and Dennis E. Wuertz and Carolyn L. Wuertz, 6851 Weldon
Road Plain Cit Ohio 43064' and
Y
WHEREAS, Section 709.023(C) of the Ohio Revised Code requires that, prior to the
hearing of the annexation petition, the legislative 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
~I
WHEREAS, the area proposed for annexation lies within Dublin's exclusive water
I~ 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 226.6 acres, more or less, in Washington Township, Franklin County immediately
j upon the annexation of the area to the City of Dublin, Ohio:
I Police. The City of Dublin has five police districts and deploys a minimum of five
cruisers. The subject annexation is located approximately 4.5 driving miles from the
Justice Center, the Division of Police headquarters. The annexation area will be fully
served with police and communications services at the same or similar level now
being provided to other areas of the City with similar land use and population.
I
Fire and EMS, The City of Dublin will provide, cause to provide, or contract with
Washington Township to provide fire protection and EMS services to this area of
Dublin at the same or similar level now being provided to other areas of the City with
similar land use and population. The closest Washington Township station is less than
3 miles away on Shier-Rings Road.
Solid Waste Collection. Residential refuse collection ervi
s ces are contracted b the
Y
I
City and are currently provided at no addtttonal charge.
Street Maintenance. The City's Streets and Utilities Division provides excellent
service in the area of street and road maintenance. The City will maintain 1.66 of
I right-of-way in the area of this annexation and will do so at the same levels as other
similar streets in the City.
I~I~' Section 2. The Cit has Water and Sanitar Sewer Service A eements with th 't
y y gr eCty
of Columbus, and the subject property is within the exclusive service area of the
agreements. Conditioned upon the ability of the City of Columbus to provide water
RECORD OF RESOLUTIONS
~aylun Leeel Blank ii Fo n Na JOOCS
08-06 Paget
Rrsufution Nu. Passed 2U
supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public
water distribution and sanitary sewer collection systems exist in this area to serve this
property. The water distribution and sanitary sewer and wastewater collection will be
available to this site within approximately five years.
Section 3. This resolution shall be effective immediately upon passage, as provided
under Section 4.Oa(a) of the Revised Charter. j
~ Passed this~day of , 2006.
~ , _
Mayor - Presidtng Officer
ATTEST
III ~ ~ ~
Clerk of Council
I
I
~i
i
i
RECORD OF RESOLUTIONS
On io ei Bian~. i~r F~~r~i No 30Ua5
Re.vulr~rio,i No. 09-06
Pusa'ed ?0
A RESOLUTION ADOPTING A STATEMENT
~ REGARDING POSSIBLE INCOMPATIBLE LAND USES
AND ZONING BUFFER FOR A PROPOSED
ANNEXATION OF 226.6 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.
III
WHEREAS, a petition for an Expedited II method of annexation of 226.6 acres, more
I or less, from Washington Township, Franklin County was filed in the offices of the
it Board of County Commissioners of Franklin County, Ohio on January 10, 2006 by
attorney/agent Harrison W. Smith, Jr. for petitioners: Fredrick F. Campbell, Bishop of
Diocese of Columbus, 138 E. Broad Street, Columbus, Ohio 43215; Florence Wuertz,
Trustee, 7495 Rings Road, and Charles Ewing, Carmel Farms, Inc., 5375 Cos ra
g Y
I
Road, Dublin, Ohio 43016; and Dennis E. Wuertz and Carolyn L. Wuertz, 6851
Weldon Road, Plain City, Ollio 43064.
I
WHEREAS t
he Ex edited II metho c
dofa
p nnexation ursuant to
Section 70).
p O23(C)
of the Ohio Revised Code, requires that within 20 days of the petition being filed, the ~
~~j municipality to which annexation is proposed must adopt an ordinance or resolution ~
relating to land uses and buffers if the territory proposed to be arutexed 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
W
HEREAS, the territo ro osed for amtexation is cu
rY p P rrentl subject to townshi
Y
J
I P
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
remainin in the townshi
g p from which the territor was annexed then the D
Y ublin Cit
Y
I'li 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 rights-of--way; and bicycle and pedestrian paths and sidewalks; and
WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that
upon annexation, the annexed territor be automaticall rezoned to R-R
Y ural District
Y
subject to re ulations and rocedt
g p tres contained in the City of Dublin Zonin Code and
g
amendme
nts an
d
i;
WHEREAS, the territory proposed for atutexation is adjacent to the City of Dublin to
the east, areas to the north, west and south are adjacent to unincorporated territory.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, i
State of Ohio, of the elected members concurrin that:
g
Section 1. The City of Dublin adopts the following statement for the 226.6 acres,
~ more or less, in Washington Township, Franklin County:
I
it
I
RECORD OF RESOLUTIONS
De io iBl c.fo nNO 30045
09-06 Page 2
Resolution No. Passed 2U
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 in the annexed territory that Dublin City Council determines are
,I 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 should land adjacent to the territory be determined to be
' unincorporated territory.
i
i
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 , 2006.
i
III
i
Mayor -Presiding Officer ~
I
I
ATTEST:
~n~ C~ ~,~.~z2~4i
Clerk of Council
II
I~
III
'i~ i
i
~ I'I
Proposed Annexation of 226.6 Acres
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CITY OF COLUMBUS
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CITY OF COLUMBUS
BROWN
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05-101 ANNEX
City of Dublin
Land Use and Carmel Farms, Inc. o soo ~,ooo
Long Range Planning Rings Road Feet
~rf.rT~,~~~~
EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023)
TO THE City of Dublin
OF 226.6 ACRES MORE OR LESS
IN THE TOWNSHIP(S) OF Washin t~ on /
~
TO THE BOARD OF COUNTY COMMISSIONERS ~ ``jj
OF Franklin COUNTY, OHIO: ~U//v~
The undersigned, petitioners in the premises, and being AL.L OF THE OWNERS OF
REAL ESTATE in the territory hereinafter described, consisting of 226.6 acres with a total
perimeter boundary of 21.880' ,more or less, in the Township(s) of Washington which
area is contiguous along 2.764' or 13 % 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 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 territorv su
prayed to be annexed five (,5) OWNER(S) OF REAL ESTATE.
Harrison W. Smith, Jr. whose address is 37 West Broad Su•eet, Suite 725, Columbus,
Ohiu 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 ~unendment
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
Petitiun 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'I'O
APPEAL IN LAW OR EQIJITY FROM THE BOARD OF COUNTY COMMISSIONERS'
ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATION
PROCEDURE SET FORTH LN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMiJS
MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIRED BY
LAW FOR SAID SPECIAL ANNEXATION PROCEDURE.
NAME DATE ADDRESS
Bv:
Car el Farms, Inc.
fZ 5a_
-r5~swea~~
~UR~~I~o~~
Fredrick F. Campbell, Bi of Diocese of Columbus
Florence Wuertz, rustee
"lam ~Hgs o~~`,,~~~o?~
Dennis E. Wuertz
Carolyn L. Wuertz N l
F:docs~s&hannex~2005\curmelfanns•226.6-exp.pet Q O/3 U05) jth
Nov 16 05 04:39p David Parsley 614 771 0421 p.2
MIPIv i ES
or
ACTIONS ':AiCEN iN WRITING WITHOJT A MEE.ING
HY ALL OF THE DIRECTORS
OF
Cax~nel Fa:-ms, Inc.
August 22, 1968
. The undazsigned, being all of the directors of Carmel Farms,
Inc., do hereby take the foliowinq actions on the date set forth
above by this writing, signed and approv4d by each of them:
RESOLVED, that Charles W. Ewing, as Secretary, is
empowered and authorized, on behalf a= the corporation,
to negotiate and consummate the sale, purchase, lease,
or rental of any property, and the borrowing of money.
RESOLVED FURTHER, and without lir..iting the foregoing,
that Charles W. Ewing is empowered on behalf o: the
corporation to execute alone, or with any other
officer, ary and all contracts, deeds, leases, notes,
moztgagaz, and other doc~uaents required or desirable in
connection with the foregoing.
RESOLVED FURTHER. Lhat Charles a7. Ewing, Secretary, be
and 2ts hereby is, authorized and empowered to execute
any n:~d all documents evidencing tt~e exercise of any
and all of .the powers and authorizations granted
purssant to the foregoing :eeolutiona.
These minutes constitute a complete record of all actions
taken by the directors of the corporation on the date set forth
above.
/4/t-~C-
Cha s Ewing
J n L. Tarry, M. D.~'
cwer76l8
~4 u.
PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER
Frederick F. Campbell Carmel Farms Inc. Dennis E. & Carolyn L. Wuertz
19$ East Broad Street 5375 Cosgray Road 6851 Weldon Road
Columbus, OH 43215 Dublin, OH 43016 Plain City, OH 43064
272-000024 272-000053 272-000284
'ROPERTY OWNER ATTORNEY
Florence Wuertz, Tr. Jackson B. Reynolds, III
7495 Rings Road Smith & Hale
Dublin, OH 43016 37 W. Broad Street, Suite 725
272-000159 Columbus, OH 43215
SURROUNDING PROPERTY
OWNERS
Brian C. & Linda M. Erdman Johnny Meade & Clara J. Meade Amlin United Methodist Church
5301 Cosgray Road 5428 Cosgray Road 5441 Cosgray Road
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
272-000023 272-000079 272-000106
Freda Whitmer John J. Francisco, Jr. Kelly A. Lynch
500 Carters Mill Road P.O. Box 20434 6951 Rings Road
'lain City, OH 43064 Columbus, OH 43220-0434 Dublin, OH 43016
272-000153 272-000158 272-000254
Tamara S. Smith Sharon L. Ferrell & Elise L. Karl, Tr.
7061 Rings Road Sheila G. Lemaster 5675 Hathaway Court
Dublin, OH 43016 P•O. Box 142 Dublin OH 43016
Amlin, OH 43002
272-000280 272-ooo2gs 272-000295
Bruce A. & Becky J. Kinnaird Samuel L. Lemaster Betty J. Newell &
7035 Rings Road 5251 Avery Road Leslie G. Newell
Dublin, OH 43016 Dublin, OH 43016 P•O. Box 128
Amlin, OH 43002
272-000303 272-000304 272-0003io
Emily Gabriel Donald D. Morlan & Sharon Gilliam
5345 Cosgray Road Anita L. Morlan P.O. Box 72
6625 McVey Blvd.
Dublin, OH 43016 Columbus, OH 43235 Amlin, OH 43002
272-000315 272-00031 s 272-000323
Gregory L. Resler & Dan B. Morris & Delmar L. & Karen C. Ratliff
Vicki M. Helser Lisa G. Morris
7037 Rings Road 7045 Rings Road 7077 Rings Road
Dublin, OH 43016 Dublin, OH 43016 Dublin, OH 43016
272-000329 272-000331 272-000332
Francisco LLC Jack L. & Helen M. Culp Margaret A. Haney
1600 Fishfinger Road 7188 Rings Road 7590 Rings Road
Columbus, OH 43221 Dublin, OH 43016 Dublin, OH 43016
272-000333 272-000338 272-000340
Jeffrey D. Bryner Sharon L. Ferrell Cosgray Road LLC
7393 Rings Road Sheila G. & Samuel J. Lemaster 6724 Perimeter Loop Road
llublin, OH 43016 P•0. Box 142 Suite 201
Amlin, OH 43002 Dublin, OH 43016
272-000404 274-001002 274-001004
Bradley R. Pitman & Donald S. Weaston John E. & Lillian Badurina
Candace Pitman 5225 Cosgray Road 5195 Cosgray Road
5336 Drumcally, Apt. C
Dublin, OH 43017 Amlin, OH 43002 Dublin, OH 43016
272-000015 272-000465 272-000463
Patricia R. Bickhart, Tr. Marvin E. & Cathie L. Briskey Douglas R. Hoover, Jr. &
5175 Cosgray Road 5237 Cosgray Road Cathleen M. Hoover
Dublin, OH 43016 Dublin, OH 43016 5153 Cosgray Road
272-000462 272-000466 Dublin, OH 43016
272-000461
Roger A. & Anne I. McBrayer Floyd Miller & Betty J. & Leslie G. Newell
Joyce E. Miller
5213 Cosgray Road P.O. Box 128
Dublin OH 43016 5274 Cosgray Road Amlin OH 43002
Dublin, OH 43016
272-000464 272-000020 272-000310
Bryan D. & Margaret F. Scott Donald S. Weaston Dominion Homes
X251 Cosgray Road 5225 Cosgray Road 5000 Tuttle Crossing Blvd.
lmlin, OH 43002 Amlin, OH 43002 P.O. Box 5000
272-000467 272-000465 Dublin, OH 43016-5555
272-000627
Al A. Helmuth, Tr. Lloyd J. Kurtz
4905 Converse-Huff Road 6221 Virginia City Lane
Plain City, OH 43064 Dublin, OH 43016 ~R~~~-~~1~~
272-000232 272-000267
fir' _t F i3 ~ is E
F: docs\s&hlabels\2005\mi-carmelfarms-south 1.161
(10/26/OS)jth