10-06 OrdinanceRECORD OF ORDINANCES CORRECTED
Dayton Legal Blank, Inc. Form No. 30043
10-06
Ordinance No. Passed , 20
AN ORDINANCE TO ACCEPT AN ANNEXATION OF
207.9 ACRES, MORE OR LESS, IN WASHINGTON
TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF
DUBLIN (GEASE-WHITMER).
WHEREAS, on November 29, 2005 the Franklin County Commissioners approved
the expedited type II annexation petition for 207.9 acres, more or less, from
Washington Township, Franklin County, to the City of Dublin, as filed on October 25,
2005 by Harrison W. Smith, Jr., Agent for Petitioners David Howard Gease, 5713
Cosgray Road and Freida B. Whitmer, Trustee. 8500 Carters Mill Road, Plain City,
OH 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 207.9 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 thisa~ day of ~7?'1 ¢~~'l , 2006.
Mayor -Presiding Officer
Attest:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
De~u Clerk of Council, Dublin, Ohio
CITY OF DUBLIN.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
Memo
To: Members of City Council
From Jane S. Brautigam, City Manager~~, 5 . ~~~,,~~J
Date: March 1, 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 10-06 - An Ordinance to Accept an Annexation of 207.9
Acres, More or Less, in Washington Township, Franklin County to the
City of Dublin (Geese-Whitmer-Case 05-118Annex)
Summary
This proposed annexation is for 207.9 acres, including 195.3 acres of farmland, 3.9 acres of
railroad right of way, and 8.7 acres of road right of way for Houchard and Cosgray Road. 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 71-OS and 72-OS were passed
by City Council on November 3, 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 207.9 acres. This hearing took place on November 29, 2005 and the
Commissioners passed resolution 958-OS which approved the annexation. 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 City Clerk receives record
of the county resolution. If approved, Ordinance 10-06 will be in effect and the property will be
incorporated into the City of Dublin after 30 days.
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 10-06
accepting the annexation of 207.9 acres, more or less, in Washington Township, Franklin County
to the City of Dublin.
PROPOSED ANNEXA TION OF 207.9E ACRES TO THE Cl TY OF DUBLIN
FROM WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OH/D
VIRGINIA MILITARY SUR 1/EY Nos. 6953, 14150-14400, & 7835
TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY, OHIO
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EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023)
TO THE ('i t3+ of Tli~hl in
OF 207.9 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 207 9 acres with a total
perimeter boundary of x,194,, more or less, in the Township(s) of ~shi nQton
which area is contiguous along 3,134' or 19 % and adjacent to the
City of Dublin , do hereby pray that said territory be annexed to the
City of Dublin according to the statutes ol'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 ro 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 OWNER(S) OF REAL ESTATE.
Harrison W. Smith, Jr. whose address is 37 West Broad Street, Suite 72~, 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 accessary or proper under the
circumstances then existing, and in particular to make such amendment in order to correct anv
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 un
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 PET11'lON EXPRESSLY WAIVES TIiEIR RIGHT'"I'O
APPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS'
ENTRY OE' ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXA'I'lUN
PROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUS
MAY BE SOUGHT TO COMPEL. 1'HE BOARD TO PERFORM I"I'S DUTIES REQUIRED BY
LAW FOR SAID SPECIAL ANNEXA"LION PROCEDURE.
NAME DATE ADDRESS
nDavid Hoard Gease _ ~ ~~
~~O/moo
Freida B. Whitmer, Trustee
~~'~~ .~~r~s ~~~
T"
~tralkl~Q
JAN - 4 X06
CLERK OF COUNCIL
CI1Y Oi DUBLIN
ANNEXATION
207.9+/- ACRES
TO: CITY OF DUBLIN
FROM: TOWNSHIP OF WASHINGTON
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON, VIRGINIA
MILITARY SURVEY NUMBERS 6953, 14150-14400, AND 7835, BEING ALL OF THE TRACT CONVEYED TO
DAVID HOWARD GEASE BY DEED OF RECORD IN OFFICIAL RECORD 11577 F11, PART OF THE 120.07
ACRE TRACT CONVEYED TO NEW YORK CENTRAL LINES BY DEED OF RECORD IN INSTRUMENT
NUMBER 200212180325201, ALL OF THE 99.371 ACRE TRACT CONVEYED TO FREIDA B. WHITMER,
TRUSTEE BY DEED OF RECORD IN INSTRUMENT NUMBER 199908110205207, ALL OF THE 5.5504 ACRE
TRACT CONVEYED TO FREIDA B. WHITMER, TRUSTEE BY DEED OF RECORD IN INSTRUMENT
NUMBER 199908110205206, AND PART OF COSGRAY ROAD, RINGS ROAD, AND HOUCHARD ROAD,
(ALL REFERENCES ARE TO THE RECORDS OF THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO)
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE SOUTHERLY LINE OF SAID GEASE TRACT, AT THE COMMON CORNER OF THE
26.245 ACRE TRACT CONVEYED TO SUBURBAN IMPROVEMENT OF COLUMBUS, INC. BY DEED OF
RECORD IN INSTRUMENT NUMBER 200412170285825 AND THE 50.45 ACRE TRACT CONVEYED AS
PARCEL IV TO CARMEL FARMS, INC. BY DEED OF RECORD IN OFFICIAL RECORD 12453 B06, BEING
AN ANGLE POINT IN THE EXISTING CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BY
ORDINANCE NUMBER 99-01, AND RECORDED IN INSTRUMENT NUMBER 200110110234982, AND BEING
AN ANGLE POINT IN A PENDING CITY OF DUBLIN CORPORATION LINE;
THENCE WITH SAID PENDING CITY OF DUBLIN CORPORATION LINE, THE FOLLOWING COURSES
AND DISTANCES:
WESTERLY, A DISTANCE OF APPROXIMATELY 1157 FEET, WITH SAID SOUTHERLY LINE, TO A POINT
IN THE EASTERLY LINE OF SAID 99.371 ACRE TRACT, BEING IN THE LINE COMMON TO SAID SURVEY
NUMBER 6953 AND VIRGINIA MILITARY SURVEY NUMBER 14150-14400;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 518 FEET, WITH THE EASTERLY LINE OF SAID 99.371
ACRE TRACT, AND SAID SURVEY LINE, TO A SOUTHEASTERLY CORNER OF SAID 99.371 ACRE
TRACT;
WESTERLY, A DISTANCE OF APPROXIMATELY 582 FEET, WITH A SOUTHERLY LINE OF SAID 99.371
ACRE TRACT, TO A POINT;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 351 FEET, WITH AN EASTERLY LINE OF SAID 99.371
ACRE TRACT, TO A SOUTHEASTERLY CORNER THEREOF;
WESTERLY, A DISTANCE OF APPROXIMATELY 820 FEET, WITH THE SOUTHERLY LINE OF SAID 99.371
ACRE TRACT, TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID HOUCHARD ROAD;
SOUTHERLY, A DISTANCE OF APPROXIMATELY 1101 FEET, WITH SAID EASTERLY RIGHT-OF-WAY
LINE, AND ACROSS SAID RINGS ROAD, TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE
THEREOF;
WESTERLY, A DISTANCE OF APPROXIMATELY 32 FEET, WITH SAID SOUTHERLY RIGHT-OF-WAY
LINE, TOAN ANGLE POINT IN SAID SOUTHERLY RIGHT-OF-WAY LINE AND SAID PENDING CITY OF
DUBLIN CORPORATION LINE;
ANNEXATION
20'i.9+f- tiCRES
-2-
THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 28 FEET, CONTINUING WITH SAID
SOUTHERLY RIGHT-OF-WAY LINE, TO A POINT;
THENCE NORTHERLY, A DISTANCE OF APPROXIMATELY 4250 FEET, ACROSS SAID RINGS ROAD, AND
WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID HOUCHARD ROAD, TO A POINT;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 1458 FEET, ACROSS SAID HOUCHARD ROAD,
AND WITH THE NORTHERLY LINE OF SAID 99.371 ACRE TRACT, TO THE NORTHEASTERLY CORNER
THEREOF, BEING IN THE LINE COMMON TO SAID SURVEYS 6953 AND 14150-14400;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 403 FEET, WITH THE EASTERLY LINE OF
SAID 99.371 ACRE TRACT, AND SAID SURVEY LINE, TO THE NORTHWESTERLY CORNER OF SAID
GEASE TRACT;
THENCE EASTERLY, A DISTANCE OF APPROXIMATELY 2360 FEET, WITH THE NORTHERLY LINE OF
SAID GEASE TRACT, PARTLY ACROSS SAID 120.07 ACRE TRACT, AND ACROSS SAID COSGRAY ROAD,
TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID COSGRAY ROAD, BEING THE EXISTING
CITY OF DUBLIN CORPORATION LINE, AS ESTABLISHED BY ORDINANCE NUMBER 27-00, AND
RECORDED IN INSTRUMENT NUMBER 200004270082022;
THENCE SOUTHERLY, A DISTANCE OF APPROXIMATELY 1929 FEET, WITH SAID EASTERLY RIGHT-
OF-WAY LINE AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (27-00), TO AN ANGLE
POINT IN SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01);
THENCE WESTERLY, A DISTANCE OF APPROXIMATELY 1205 FEET, ACROSS SAID COSGRAY ROAD,
PARTLY ACROSS SAID 120.07 ACRE TRACT, WITH THE SOUTHERLY LINE OF SAID GEASE TRACT,
AND SAID EXISTING CITY OF DUBLIN CORPORATION LINE (99-01), TO THE POINT OF BEGINNING,
CONTAINING APPROXIMATELY 207.9 ACRES OF LAND, MORE OR LESS.
THIS DESCRIl'TION WAS PREPARED USING RECORD DATA ONLY, AND IS NOT TO BE USED FOR DEED
TRANSFER.
O F ''
EVANS, ME HWART, HAMBLETON & TILTON, INC. '~,~P~.~•"'••• ~yj~';,
W~'"~'o 'V~ ~I`~eS' ~ ~ JAPJIES * ~=
TAMES M. PEARSALL DATE rr?,
PEANz~ALL
REGISTERED SURVEYOR NO. 7840 _ ~'•.. ~ -rgtlQ a ,:•o~ =
JMPanw/Ju105 ~,'.,~`~'S/0..... •S~~`````:~
207_9 ac annex 51345.doc ',, / NAL„1 `~,
November 29, 2005
RESOLUTION NUMBER 958-OS
REVIEW OF PETITION TO ANNEX
207.9 +/- ACRES FROM WASHINGTON TOWNSHIP
TO THE CITY OF DUBLIN BY DAVID
HOWARD GEASE AND FRIEDA WHITMER.
CASE #ANX-EXP2-40-OS
WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to
journalize the petition that David Howard Gease and Frieda Whitmer filed on October 25,
2005 and solicited to and/or been heard by all persons in support of 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
temtory 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
ordinances # 71-05, passed on November 07, 2005, by the City of Dublin Council.
Therefore, upon the motion of Commissioner Stokes seconded by
Commissioner Brooks
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.
2 ~~ SIJEiMI l"1`ED TO CG'UN2CIL~
,l~OR MEE°1~ING ON._3_:1o_.LXO
Voting Aye thereon:
~,, ,ti A; r
c':4J f.:s''f
~! _;rbrSSI~F'~~
Voting Nay thereon;
~=Y Tl `d~.'r -t°;. try: ,P+!>0~1 `+ ~~ ~ TRCC~.,E p,Pl~
!~ e"r~'i{di°i1~~.4f''3 vOLiId~4'Y ~,(~~~~,~1 U~
c ~ /I ~u 4,11 `~{~l.~f,
MARY J I ROY, P IDENT
1
'IG~C
DEWEY TOKES
PAULA BROOKS
BOARD OF COUNTY COMIVIISSIONERS
FRANKLIN COUNTY, OHIO
MARY JO KIL.ROY, PRESIDENT
TJN
c: Development Department
DEWEY R. STOKES
,~ -A~TLTLA BROOKS
~.~..-BOARD OF COUNTY COMNIISSIONERS
FRANKLIN COUNTY, OHIO
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
6 1 4/ 2 2 1- 4 2 5 5
AARON L. uNDERHILL
November 8, 2005
The Franklin County Board of County Commissioners
c/o Franklin County Development Department
280 East Broad Street, Room 202
e4... ~.. ,_,W
Columbus, OH 43215 `~~{~~.~' ~-`~~'
RE: 207.9 ± acre annexation to the City of Dublin -filing materials ;~~i~~l ~ ~~~..~ ~.,~ ~ ;:~;`t
~ 4e
Dear Commissioners:
I, on behalf of the petitioners, for the annexation of 207.9 ± 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 # 72-OS & 73-OS from the Dublin City Council
It should be noted that the Service Resolution was filed with the Board of County
Commissioners by the 20`" 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 my ours,
~~
ckson B. Reynold I
JBR/jth
Enclosure
F:docs\s&hanttex\2005\edwards-gease-fcddanx.ltr (11/8/05) jth
/villirl Gjl.((_
NOTICE OF FILING OF ANNEXATION PETITION
TO: Ann Clarke, Council Clerk
City of Dublin
5200 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 October, 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 207.9 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: ~® Z G d ~ ~ ~
Harrison W. Smith, Jr. ~~i2..--
Agent for Petitioners
RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACK WLEDGED
THIS ~~'~ day of ~efi~ ~e ~ - _ ___ , 20 d
CLERK'S OFFICE
F:docsls&hannex\2005\darke-gease-207.9-petition.not (10/20/OS)jth
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 October, 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 207.9 acres, more or
less, in Washington Township.
A copy of said Petition, with description and plat, is attached hereto and made a part
hereof.
// i ~
Dated: ~ ~ (Z.~l~.~ ,
arrison W. Smith, Jr. ~~
Agent for Petitioners
RECEIPT OF THE AFORMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGED
THIS o day of 0 ~~~-- , 20 l~s~
CLE OFFICE
F:docsls&hannex~2005~robinson-gease-207.9-petition.not (10/20/05) 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 207.9 ± 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 October, 2005. A copy
of the Annexation Petition, map and legal description was served personally on the Council
Clerk of Dublin on 25th day of October, 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.
Sworn to b ~~ me and signe n m r sence a Notary Pu lic in and for said State and
County on this _-~~i"u_ day of , 20~
~o~Pala%s~4. /'
JENNIFER T. HUETTE u llc ,
Notary PuDNc, State of Ohb
,~~~~ OF O~`o',r MY Commission Expires 04-25.09
F:docs\s&hannex\2005\edwards-gease-207.9-anxpet-mun.aff (11/8/05) 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 207.9 ± 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"' day of October, 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 October, 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.
Sworn to b me and si in y e enc ; a Notary Public in and for said State and
County on this __ ~~~ day of ~~~~'r `~ , 20~.
?o;~PaiAi sF~ ;'~
i
i'
s
~r.. ~ ~:
JENNIFER T: HUETTE
Notary PubNc State of Ohb
My Commission ~xpkes 04-25.09
F:docs\s&hannex\2005\edwards-gease-207,9-anxpet-twp.aff (11/S/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 207.9 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`h day of October, 2005. A copy of the
Annexation Petition, map and legal description was mailed by First Class U.S. Mail on 25`h day
of October, 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.
Sworn to b me and sign 'n r senc ; a Notary Public in and for said State and
County on this -- ~~ day of ^ , 20~.
°~Pa~~ SF-yea., ~.
z~ ~
~ ,IEPINIFER T. HUETTE
~• Notary PubNc, State of Otdo ota u li
,~°*r- n ~ o~`p, f My Commission Expkes 04-25-05
F:docs\s&hannex\2005\edwards-gease-207.9-anxpet-prop.aff(11/8/OS)jth
PROPERTY OWNER PROPERTY OWNER
Freda Whitmer David H Gease
8500 Carters Mill Road 5713 Cosgray Road
Plain City, OH 43064 Dublin, OH 43016
272-000165 272-000019
S[ ROUNDING PROPERTY
O~•.1EKS
Carmel Fartns Inc. Florence Wuertz TR
5375 Cosgray Road 7495 Rings Road
Dublin, OH 43016 Dublin, OH 43016
272-000057 272-00019
Edward F & Kerri L Hoffineier Inland Corp
5785 Houchard Road P.O. Box 1548
Dublin, OH 43016 Warrenville, IL 60555
272-000138 272-000337
Suburban Improvement of Columbus Inc. Edwards Golf Communities
37 West Broad Street, Suite 725 495 South High Street
Columbus, OH 4321.5 Columbus, OH 43215
274-000655 274-000297
Margaret A Haney
7590 Rings Road
Dublin, OH 43016
272-000340
Jay W Liggett
6315 Meaghan Drive
Dublin, OH 43016
272-000104
F: Docs\s&hlabels\2005\edwards-gease.lbl
(10/20/OS-jth)
CITY OF DUBLIN,.
Dublin City Council
5200 Emerald Parkway
Dublin, Ohio 43017.1006
~/TDD: 614.410.4400
Fax: 614.761-6590
iite: www.dublin.oh.us
Mayor
Marilee Chinnici-Zuercher
Vice Mayor
Timothy A. Lecklider
Cathy A. Boring
Michael H. Keenan
Thomas M. McCash
John G. Reiner
Amy J. Salay
Clerk of Council
Anne C. Clarke
November 8, 2005
Ms. Tammy Noble
Franklin County Development Department
280 E. Broad Street, Room 202
Columbus, OH 43215-6304
RE.' Resolution 71-05 - Adopting a Statement of Services for a Proposed
Annexation of 207.9 acres, more or less, in Washington Township to
the City of Dublin. (Petitioners David H. Gease and Freida B.
Whitmer, Trustee)
Resolution 72-05 - Adopting a Statement Regarding Possible
Incompatible Land Uses and Zoning Buffer for a Proposed
Annexation of 207.9 acres, more or less, from Washington
Township, Franklin County, to the City of Dublin, Ohio, as Required
by Section 70-9.023(C) of the Ohio Revised Code. (Petitioners
David H. Gease and Freida B. Whitmer, Trustee)
Dear Ms. Noble:
Enclosed are certified copies of the above-referenced resolutions as
approved by City Council on November 7, 2005.
Please let me know if you need additional information.
Sincerely,
Anne C. Clarke
Clerk of Council
Enclosures
c: Harrison W. Smith, Jr., Agent for Petitioners
Gary Gunderman, Assistant Planning Director, City of Dublin
Stephen J. Smith, Law Director, City of Dublin
RECORD OF RESOLUTIONS
kesnlutiun Na
71-os
Pas~se~r ~a
A RESOLUTION ADOPTING A STATEMENT OF
SERVICES FOR A PROPOSEll ANNEXATION OF
207.9 ACRES, MORE OR LESS, FROM
WASHINGTON TOWNSHIP, FRANKLIN COUNTY,
TO THE CITY OF DUBLIN.
WHEREAS, an Expedited Type II annexation petition for 207.9 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 October 25, 2005 by Harrison W.
Smith, Jr., Agent for Petitioners David H. Gease, 5713 Cosgray Road, Dublin, Ohio
43016; and Freida B. Whitmer, Trustee, 8500 Charters Mill Road, Plain City, Ohio
43065; and
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 atutexation, 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:
Section I. The City of Dublin will provide the following municipal services for
the 207.9 acres, more or less in Washington Township, Franklin County immediately
upon the am~exation of the area to the City of Dublin, Ohio:
Police. The City of Dublin has five police districts and deploys a minimum of five
cruisers. The subject annexation is located approximately 3.65 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.
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 laid use and population. The closest Washington Township station is less than
2.5 miles away on Shier-Rings Road.
Solid Waste Collection. Residential refuse collection services are contracted by the
City and are currently provided at no additional charge.
Street Maintenance. The City's Streets and Utilities Division provides excellent
service in the area of street and road maintenance. The City will maintain 8.68 acres
of right-of=way in the area of this annexation and will do so at the same levels as other
similar streets in the City.
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 the
agreements. Conditioned upon the ability of the City of Columbus to provide water
supply and to provide sufficient sanitary sewerage disposal capacity, sufficient public
RECORD OF RESOLUTIONS
n-os
Resrilutinn Nu. Fussed
Page 2
?p
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 4.04(x) of the Revised Charter.
Passed this ~~ day of ~ o /) yh,b ~~200s.
` lJ`
Mayor -Presiding Officer
ATTEST
Clerk of Council
I hereby certify that copies of his
Ordinance/Resolution were posted in the
City of Dublin in accordance with Sec ion
731.2s of the Ohio Revised Code.
Clerk of Council, Dublin,
RECORD OF RESOLUTIONS
Resulutiun No
72-05
Pas.~'ed ~0
A RESOLUTION ADOPTING A STATEMENT
REGARDING POSSIBLE INCOMPATIBLE LAND USES
ANll ZONING BUFFER FOK A PROPOSED
ANNEXATION OF 207.9 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 annexation of 207.9 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 October 25, 2005 by Harrison W.
Smith, Jr., agent for Petitioners David H. Cease, 5713 Cosgray Road, Dublin, Ohio
43016 and Freida B. Whitmer, Trustee, 8500 Charters Mill Road, Plain City, Ohio
43065; and
WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(C)
of the Ohio Revised Code, requires that within 2U 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
become subject to municipal zoning, and (e) the municipal zoning perniits uses in the
amiexed territory that the mwiicipal 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 rights-of-way; and bicycle and pedestrian paths and sidewalks; and
WHEREAS, Section 153.004(D) of the Dublin Codified Ordinances requires that
upon amiexation, the annexed territory be automatically rezoned to R-Rural District
subject to regulations and procedures contained in the City of Dublin 7_oning Code and
amendments; and
WHEREAS, the territory proposed for amiexation is adjacent to the City of Dublin to
the east, and portions on the south, north and west are adjacent unincorporated
territory.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring that:
Section 1. The City of Dublin adopts the following statement for the 207.9 acres,
more or less, in Washington Township, Franklin County:
RECORD OF RESOLUTIONS
Kesolutiun Nu
72-OS
Passed
Page 2
20
Should the territory (a) be annexed and (b) subsequently become subject to zoning
pursuant to the Dublin Codified Ordinances, and (e) the municipal zoning permits uses
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
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 Re/v"~ised Charter.
Passed this ~ day of KJ / , 2005.
Mayor -Presiding Officer
ATTEST:
~~~~v~4~
Clerk of Council
I hereby certify [hat copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
DelSllty Clerk of Council, Dublin, Ohio
4e ...
Office of the City Manager ;
CITY of DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017
Phone: 6 i 4-410-4400 • Fax: 614-4 i 0-4490 M e m o
To: Members of City Council
From: Jane S. Brautigam, City Manager
Date: November 3, 2005 ~~,
Initiated B Paul A. Hammersmith, P.E., Director of Engineering/City Enginee~~
Y
Daniel D. Bird, FA[CP, Director of Land Use and Long Range Planning
Gary P. Gundernian, AICP Assistant Director of Land %~~~~Long Range fanning
Barbara A. Cox, P.E., Assistant Director. En ring - Developments*~"'
,F
Stephen J. Smith, Director of Law
Re: Resolution No. 71-OS - A Resolution Adopting a Statement of Services
for a Proposed Annexation of 207.9 acres, More or Less, from
Washington Township, Franklin County, to the City of Dublin, Ohio.
Resolution No. 72-OS - A Resolution Adopting A Statement Regarding
Possible Incompatible Land Uses And Zoning Buffer for a Proposed
Annexation Of 207.9 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 October 25, 2005, attorney/agent Harrison W. Smith Jr. filed an annexation petition,
on behalf of Petitioners David H. Gease and Freda B. Whitmer, Trustee to the Franklin
County Commissioners. The petition is for 207.9 acres more or less of land, located on
the west side of Cosgray Road, 2,480 feet south of Shier Rings 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.
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. 71-OS and 72-OS 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
Memo to Dublin City Council
Re: Resolution 71-0~
November 3, 200- Page 2
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.
This proposed annexation is for 207.9 acres more or less, including pieces of the right-of-
way of Cosgray and Houchard Road extended past the frontage of the annexation.
Background
ZONING and COMMUNITY PLAN
The current Washington Township zoning classification for this property is R-SR
Suburban Residential District and R-SRR Semi-Rural Residential District, which allows
agricultural and single-family dwellings on a minimum of 2 acres and 5 acres
respectively. 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: undeveloped property to the
north, west and south, and some portions of southern Bal(antrae development to the east.
FUTURE DEVELOPMENT
Part of this area was shown on the plan that was presented by the Edwards Land Co.
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 3.65 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 2.25 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.
Memo to Dublin City Council
Re: Resolution 71-0~
November 3, 200- Page 3
• 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 Baliantrae subdivision across Cosgray Road. A 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 both the Cramer Trunk Sewer (east side of the railroad) and the Upper Scioto West
Subtrunk sewer (west side of the railroad). Sewer will have to be extended to serve this
site.
• STORMWATER MANAGEMENT AND FLOODPLAIN
This property is located both inside and outside watersheds as defined by the Stormwater
Master Plan. The portion of the property east of the railroad tracks drains to both the
Cosgray Creek and the South Fork of Indian Run. The property in this area drains to the
north and to the east. The western portion (on the west side of the railroad tracks) drains
to the west and south towards the Hayden Run.
This property is located outside the FEMA designated floodplain for the Cosgray Creek
and. South Fork of Indian Run.
• ROADS AND STREETS
The primary roads serving this acreage are Cosgray and Houchard Roads, which are both
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 Road is classified as collector road and is 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. 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 approved Resolutions will be forwarded to the
Franklin County Commissioners for their hearing on the annexation of the 207.9 acres,
more or less.
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