20-07 Resolution1
1
1
RECORD OF RESOLUTIONS
Zo-o7
Resolution No.
Passed
A RESOLUTION ADOPTING A STATEMENT OF
SERVICES FOR A PROPOSED ANNEXATION OF 1.479
ACRES, MORE OR LESS, FROM JEROME TOWNSHIP,
UNION COUNTY, TO THE CITY OF DUBLIN.
WHEREAS, a Regular Annexation petition for 1.479 acres, more or less, from
Jerome Township, Union County, to the City of Dublin was filed in the offices of
the Union County Commissioners on March 5, 2007, by Michael L. Close,
Attorney/Agent for Petitioners, Robert W. and Elaine T. Horr; 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 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, THEREFQRE, 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 will provide the following municipal services
for the 1.479 acres, more or less in Jerome Township, Union County upon the
annexation 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 4.3 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 land use and population. The closest Washington Township
station is approximately 2.2 miles away at Brand 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 currently maintains
McKitrick Road in the area of this annexation and will continue to do so at the
same levels upon annexation of this property and will add maintenance along
Hyland-Croy Road.
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,
20
RECORD OF RESOLUTIONS
~!
Resolution No
20-07
Page 2
Passed . 20
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.
The remainder of the services will be available immediately 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 _, 2007.
1
1
Mayor -Presiding Officer
ATTEST
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Clerk of Council
CITY OF DUBLIlV_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1006
Phone: 614-410-4400 • Fax: 614-410-4490
TO: Members of City Council
FROM: Jane S. Brautigam, City Manager
DATE: April 4, 2007
Memo
INITIATED BY: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Steve Langworthy, Director Land Use and Long Range Planning
Gary P. Gunderman, Planning Manager
Barbara A. Cox, P.E., Engineering Manager -Development
Stephen J. Smith, Director of Law
Re: Resolution No. 20-07 - A Resolution Adopting a Statement of
Services for a Proposed Annexation of 1.479 Acres, More or Less,
from Jerome Township, Union County, to the City of Dublin, Ohio.
Request for Fee Waiver
Summary
On March 5, 2007, attorney/agent Michael L. Close filed an annexation petition, on behalf of
Robert W. and Elaine T. Horr with the Union County Commissioners. The petition is for 1.4791
acres of land located on the east side of Hyland-Croy Road and south of the Dublin corporation
line in Jerome Township to be annexed into the City of Dublin. The petition was filed pursuant
to R.C. 709.02, which is known as a "Regular" annexation.
Under this process the City must first, within twenty days prior to the Union County hearing,
adopt a resolution relating to municipal services. Resolution No. 20-07 has been prepared for
this purpose and for your consideration.
The Union County Commissioners may grant the proposed annexation after a hearing, which
has been scheduled for May 21, 2007. If neither the municipality nor the Township object, the
Commissioners must grant the proposed annexation, provided all required procedures have
been met.
This proposed annexation is for 1.4791 acres and does not include any additional portion of the
rights-of-way of Hyland-Croy Road.
Reparations
The application was filed as a regular annexation which permits the City to determine the
Township designation of the property upon annexation. In previous annexations the City has
placed properties within Washington Township in order to secure Washington Township Fire
and EMS services. This action requires the City to pay reparations to Jerome Township on a
declining scale over a 12-year period. The calculations for this property fluctuate but are
estimated at just under $3,000 for the entire reparations period. Legal staff is working with Mr.
Close to ensure the City is reimbursed for the reparations.
April 4, 2007
Resolution 20-07 -Annexation Petition - Horr Property
Page 2 of 3
Fee Warner
The applicant has requested that the City waive the annexation fees of $2,670. This area is
located within a portion of Jerome Township that is surrounded on three sides by the City of
Dublin. Previous waivers have been granted when the area was completely surrounded by the
City.
Background
ZONING and COMMUNITY PLAN
The current Jerome Township zoning classification for this property is U-1 Agricultural Low
Density District, which allows agricultural and single-family dwellings on a minimum 1.5-acre
with no access to public sewer services. 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 one acre lot on this property.
The 1997 Community Plan anticipated annexing this area by the year 2000. 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: Tartan West property to the north, other large lot
homes to the east, Jerome High School to the south, and Metro Park and large lot single family
to the west in Jerome Township.
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 4.3 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 these services at the same or similar level now being provided to
other areas of the City.
• FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE (EMS}
The Washington Township Fire Department provides fire protection to this area of Dublin. Most
previous annexations in this area have been removed from Jerome Township and placed into
Washington Township. The closest station is approximately 2.2 miles away at Brand Road. If
changed, 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.
• 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 Dublin's exclusive annexation area of the Water Service
Agreement with the City of Columbus.
April 4, 2007
Resolution 20-07 -Annexation Petition - Horr Property
Page 3 of 3
• SANITARY SEWER {WASTEWATER) COLLECTION
The property is located within Dublin's exclusive annexation area within the Sanitary Service
Agreement with the City of Columbus. This property is located within the tributary area of the
North Fork Indian Run trunk sewer. This trunk sewer is currently located in the Tartan West
subdivision and will be accessible to the subject property via a sewer that was extended to the
southern property line of Tartan West.
• STORMWATER MANAGEMENT AND FLOODPLAIN
The property is relatively flat and drains north to south and is located within the tributary of the
North Fork Indian Run watershed as defined by the Stormwater Master Plan. This property is
located outside any FEMA designated floodplains.
• ROADS AND STREETS
The primary road serving this acreage is Hyland-Croy Road, which is classified as a scenic
major arterial and is required to have 80 feet of right-of-way per the current Thoroughfare Plan.
Any new roads or streets within a proposed development would be dedicated to the City, and be
maintained to the same or similar level being provided to other areas of the city.
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.
Recommendation:
Staff recommends approval of Resolution 20-07. Upon City Council's approval, this Resolution
will be forwarded to the Union County Commissioners for their required hearing.
0 100 200
Scale 1" = 100'
October 31, 2005
Rev. 1/23/07
Prepare for:
Robert W. & Elaine T. Horr
PAR. N0. 200-000600
City of Dublin
ANNEXATION PLAT Corporotion Line
Ord. No. 76-01
PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED effective dote 7/23
AN 1.479 ACRE TRACT,
FROM JEROME TOWNSHIP. UNION COUNTY
TO THE CITY OF DUBLIN, OHIO
Katina Spanos z
1.293 acre /
D.B. 235, Pg. 122 ° /
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PROPOSED CITY OF DUBLIN CORPORA710N UN
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® AREA TO BE ANNEXED
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PATRIDGE PROFESSIONAL SURVEYORS
AND ENGINEERS L.L.C.
9464 DUBLIN ROAD
POWELL, OHIO 43065 ~ /(~jt-_O
FAX (614)-799-0030
xmcraa u~oxEVe lEL. (614)-799-0031 eWiit Rd
C.,S? 9
Sabra L. & William Minyard
2.009 acre
D.B. 69, Pg. 189
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Dev ~a_ West LLC
32 129 ocre
t. 538. Pg. 421
Norman I. & Josephine Malik
8.000 acre
D.B. 340, Pg. 640
RKHOLDER KE OHIO
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WILES, BOYLE, DAMES W WHEELER DALE D COO RRYT BOYLE D ORIDA
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OLDER JAMES M WILES MARY TEN EYCK TAYLOR J COREY COLOMBO THOMAS A DOUCHER ""ADMITTED IN OHIO,
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BURKH MARK J. SHERIFF JAY B. EGGSPUEHLER" CHRISTOPHER G PHIWPS hgOg_~gg~) NEW YORK AND THE
THOMAS E BOYLE EUGENE L HOLLINS LAUREN S BRILL DISTRICT OF COLUMBIA
BRINGARDNER MICHAEL L. CLOSE' WIWAM B BENSON NEIL C SANDER •""ADMITTED IN OHIO AND PA
Co., LPA RICHARD D. BRINGARDNER SAMUEL M. PIPINO"' JENNIFER B CASTO
ATTORNEYS AT LAW DANIEL E. BRINGARDNER C. WIWAM KLAUSMAN
STEVEN P EWOTT JAMES M HUGHES
300 Spruce Street, Floor One
Columbus, Ohio 43215-1173
Telephone: 614/221-5216 ~ o ~~
Facsimile: 614/221-5692
www.wileslaw.com
March 10, 2007
VIA REGULAR MAIL
Stephen J. Smith, Esq.
Schottenstein, Zox & Dunn
250 West Street
Columbus, OH 43215
Re: 8668 Hyland-Croy parcel in Union County
APPLICATION FEE WAIVER REQUEST
Dear Steve:
As previously discussed, this law firm represents Robert and Elaine Horr, who live
at 8668 Hyland-Croy Road in Jerome Township. I am serving as the agent for the
annexation petition that was filed with the Union County Commissioners on March
5, 2007. I filed the petition under the regular annexation method, which still leaves
the City with the option to pursue township boundary adjustments in the future.
I am aware that the City has an annexation application fee of $2,670. The
petitioners request for the Council to waive this application fee as has been done
recently for other similarly situated parcels. This parcel is in a "pocket" of
township, which is surrounded by the City to the north, east, and south and Dublin
owned-land to the west. The annexation will accomplish the "filling out" of an
existing township pocket. Please let me know if this can be placed in front of
Council for their consideration. Thank you.
Sincerely, _, -
?~ ~'
`~1vlichael L. Close
cc: Anne Clarke, Dublin Clerk of Council
Robert and Elaine Horr
#168224
WILES, BOYLE,
BURKHOLDER~ ,
BRINGARDNER
Co.,LPA
ATTORNEYS AT LAW
300 Spruce Street, Floor One
Columbus, Ohio 43215-1173
Telephone: 614/221-5216
Facsimile: 614/221-5692
www.wileslaw.com
DANIEL G WILES
JAMES W. WHEELER
JAMES M. WILES
MARK J, SHERIFF
THOMAS E. BOYLE
MICHAEL L CLOSE'
RICHARD D. BRINGARDNER
DANIEL E BRINGARDNER
STEVEN P. EWOTT
BRUCE H.BURKHOLDER
DALE D. COOK
MARY TEN EYCK TAYLOR
JAY B. EGGSPUEHLER*'
EUGENE L HOLLINS
WIWAM B. BENSON
SAMUEL M. PIPINO*"
C, WILLIAM KLAUSMAN
JAMES M. HUGHES
MARK G MELKO
KERRY T BOYLE
J. COREY COLOMBO
CHRISTOPHER G. PHILLIPS
LAUREN S. BRILL
NEIL C. SANDER
JENNIFER B. CASTO
March 10, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk of Council
Attn: Anne Clarke
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
Re: Notice of Annexation Petition
Dear Clerk of Council:
ARTHUR W. WILES
(1906-1989)
THOMAS A. DOUCHER
(1908 -1991)
*ADMITTED IN OHIO
AND FLORIDA
*"ADMITTED IN OHIO,
NEW YORK AND THE
DISTRICT OF COLUMBIA
*"*ADMITTED IN OHIO AND PA
As agent for the petitioners, I am required by R.C. §709.023 to provide you notice
that an annexation petition was filed on March 5, 2007 with the Union County
Board of Commissioners. Attached to this correspondence is a true and accurate
copy of the annexation petition.
The Union County Commissioners will vote upon whether to approve the
annexation on May 21, 2007 at their 9 a.m. meeting. The meeting will be held in
the County Commissioners' hearing room, 233 West 6th Street, in Marysville.
Please do not hesitate to contact me at (614) 221-5216 if you have any questions.
Sincerely,
-~ ,-''- '
t' ~' ,/
Michael L. Close
Enclosure:
As stated.
#168231
•
UNION COUNTY COMMISSIONERS
COUNTY OFFICE BUILDING
233 WEST SIXTH STREET
MARYSVILLE, OHIO 43040-1526
(937) 645-3012 FAX (937) 645-3002
TOM McCARTHY GARY LEE CHARLES HALL
REBECCA ROUSH CAROL SCHEIDERER
Clerk Asst. Clerk
COMMISSIONERS JOURNAL 47 -PAGE 68 -MARCH 8.2007
RESOLUTION N0.120-07 RE: RECEIVED PETITION FOR ANNEXATION TO THE
CITY OF DUBLIN OF 1.479 ACRES. MORE OR LESS. IN THE TOWNSHIP OF
__
JEROME. UNION COUNTY. OHIO -MICHAEL L. CLOSE. ESO. AGENT FOR THE
PETITIONERS -ROBERT W. AND ELAINE T. HORR -REGULAR ANNEXATION
A motion was made by Tom McCarthy and seconded by Gary Lee to approve the
following:
WHEREAS, a petition for annexation was filed on Monday, March 5, 2007, naming
Michael L. Close, Esq. Agent for the Petitioners, and praying for annexation to the City of
Dublin, Township of Jerome, Union County, Ohio and
WHEREAS, said petition represents real estate situated in the Township of Jerome,
Union County, Ohio which is contiguous along 990 feet, more or less, or 53% is contiguous to
the Cityof Dublin. There are two (2) owners of real estate.
THEREFORE, BE IT RESOLVED, that said petition for annexation be and is hereby
received, and pursuant to Section 709.02 of the Ohio Revised Code, shall be referred to the
County Engineer for review and thereafter shall be heard on Monday, May 21, 2007 at 9:00 a.m.
in the Commissioners Hearing Room, County Office Building, 233 West Sixth Street, Marysville,
Ohio.
A roll call vote resulted as follows:
CC: City of Dublin
Village of Jerome
Michael Close, Agent
Co. Auditor
Co. Engineer
Co. Recorder
File
Charles Hall, Yea
Gary Lee, Yea
Tom McCarthy. Yea
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PETITION FOR MAJORITY-OWNER ANNEXATION
(PURSUANT TO R. C. SECTION 709.02, ET. SEQ.)
TO THE CITY OF D UBLIN
OF 1.479 ACRES, MORE OR LESS
IN THE TOWNSHIP OF JEROME
TO THE BOARD OF CO UNTY COMMISSIONERS
OF UNION CO UNTY, OHIO
The undersigned, petitioners in the premises, and being ALL OWNERS OF REAL
ESTATE in the territory described, consisting of 1.479 acres, more or less, with a total perimeter
boundary of 1,859 feet, more or less, in the Township of Jerome, which area is contiguous along
990 feet, more or less, or 53% is contiguous 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 are within the territory so
prayed to be annexed TWO (2) OWNERS OF REAL ESTATE.
Michael L. Close, Esq., Wiles Boyle Burkholder & Bringardner Co., LPA, whose address
is 300 Spruce Street, 1St Floor, Columbus, Ohio 43215, is hereby appointed agent for the
undersigned Petitioners, as required by Section 709.02 of the Revised Code of Ohio. Said agent
is hereby authorized to make any amendment and/or deletion which in his absolute and complete
discretion is necessary or proper under the circumstances then existing, and in particular to make
such amendment in order to correct any discrepancy or mistake noted by the Union County
Engineer in his examination of an amended plat and description to the Board of Commissioners
on, before, or after the date set for hearing on this Petition.
NAME ADDRESS DATE
1. 8668 Hyland Croy Road ~~ ~
Robert W. Horr Plain City, Ohio 43064
2. u, ~• 8668 Hyland Croy Road c~ 7
Elaine T. Horr Plain City, Ohio 43064
#166697
........
ANNEXATION OF 1.479ACRES
IN JEROME TOWNSHIP,UNION COUNTY
TO CITY OF DUBLIN
Situated in the State of Ohio, County of Union, Township of Jerome, Vrginia Military Survey No. 2925, and
being all of 1.500 acre tract (Parcel Number 200-000600) currently owned by Robert W. & Elaine T. Horr as
recorded in Official Record 343, Page 408, and being more particularly described as follows:
Beginning in the east line of Hyland Croy Drive and Dublin Corporation Line (Ordinance No. 7601, dated
7/23101) in the south line of said 1.500 acre tract and the north line of a 8.000 acre tract currently owned by
Norman I. & Josephine Malik as recorded in Deed Book 340, Page 640, in the centerline of Hyland-Croy
Road (C. R. 2D);
Thence North 11° 56' 27" West 30.11 feet, along the east line of Hyland-Croy Road, and north line of said
1.500 acre tract and the southline of a 2.009 acre tract currently owned by Sabra L. & William Minyard as
recorded in Deed Book 69, Page 189;
Thence North 82° 58' 33" East 456.81 feet, in a nortli line of said 1.500 acre tract and the south line of said
2.009 acre tract, to a point being a southwesterly corner of said 1.500 acre tract and the southeast corner of
said 2.009 acre tract;
Thence North 07° 01' 27" West 282.22 feet, in the west line of said 1.500 acre tract and the east line of
said 2.009 acre tract and of a 1.293 acre tract currently owned by Katina Spanos as recorded in Deed Book
235, Page 122, to a point in the south line of a 32.129 acre tract currently owned by Tartan Development
Company West LLC as recorded in Official Record 538, Page 421, and being the northwest corner of said
1.500 acre tract and the northeast corner of said 1.293 acre tract;
Thence North 84° 17' 00" East 163.65 feet, in the north line of said 1.500 acre tractand the south line of
said 32.129 acre tract, being in the line of said City of Dublin Corporation, to a point being the northeast
corner of said 1.500 acre tract and the northwest corner of said 8.000 acre tract;
Thence South 07° 01' 27" East 308.48 feet , in a east line of said 1.500 acre tract and the west line of said
8.000 acre tract, being in the line of said City of Dublin Corporation, to a point being a southeast corner of
said 1.500 acre tract and the a northwesterly corner of said 8.000 acre tract
Thence South 82° 58' 33" West 617.84 feet , in a south line of said 1.500 acre tract and the north line of
said 8.000 acre tract, being in the line of said City of Dublin Corporation, to the place of beginning,
containing 1.479 acres, of which 990 feet (58%) is contiguous with the existing corporation line out
of the total 1859 feet of the existing territory to be annexed.
This above described parcel does not create any islands of un -incorporation.
Corporation lines referenced orr are as foliows: urdinan ce iVO. 76-0 i is recorded it Official
Record.
This above description is for annexation purposes only and not to be used for transfer of property
9298ANNEX.doc
0 100 200
Scale 1" = 100'
October 31, 2005
Rev. 1/23/07
Prepare for:
Robert W. & Elaine T. Horr
PAR. N0. 200-000600
City of Dublin
ANNEXATION PLAT Corporotion Line
Ord. No. 76-01
PLAT SHOWING MAP OF TERRITORY TO BE ANNEXED effective dote 7/23
AN 1.479 ACRE TRACT,
FROM JEROME TOWNSHIP. UNION COUNTY
TO THE CITY OF DUBLIN, OHIO
Katina Spanos z
1.293 acre /
D.B. 235, Pg. 122 ° /
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PROPOSED CITY OF DUBLIN CORPORA710N UN
. - EXISANC CITY OF DUBLIN CORPORATION LINE
® AREA TO BE ANNEXED
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PATRIDGE PROFESSIONAL SURVEYORS
AND ENGINEERS L.L.C.
9464 DUBLIN ROAD
POWELL, OHIO 43065 ~ /(~jt-_O
FAX (614)-799-0030
xmcraa u~oxEVe lEL. (614)-799-0031 eWiit Rd
C.,S? 9
Sabra L. & William Minyard
2.009 acre
D.B. 69, Pg. 189
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Dev ~a_ West LLC
32 129 ocre
t. 538. Pg. 421
Norman I. & Josephine Malik
8.000 acre
D.B. 340, Pg. 640
Robert & Elaine Horr Annexation
List of Land Owners as Required by R.C. 709.02(D)*
List of Parcels within Annexation Area:
Robert & Elaine Horr
8668 Hyland-Croy Road
Plain City, Ohio 43064
Union Co. Parcel No. 17-0024056.000
List of Parcels A.diacent to Annexation Aa•ea:
City of Dublin
Attn: Clerk of Council
5200 Emerald Parkway
Dublin, Ohio 43017
Union Co. Parcel Nos. 17-0024055.102 and 39-0024040.163
2. Sabra & William Minyard
8698 Hyland-Croy Road
Plain City, Ohio 43064
Union Co. Parcel No. 17-0024038.000
3. Katina Spanos
8700 Hyland-Croy Road
Plain City, Ohio 43064
Union Co. Parcel No. 17-0024039.000
4. Norman & Josephine Malik
864G Hyland-Croy Road
Plain Cit}', Ohio 43064
Union Co. Parcel No. 39-0024059.000
R.C. 709.02(D) states: "At the time of filing the petition for annexation, the agent for the petitioners also shall file
with the clerk of the board a list of all tracts, lots, or parcels in the territory proposed for annexation, and all tracts,
lots, or parcels located adjacent to that territory or directly across the road from it when the road is adjacent to it,
including the name and mailing address of the owner of each tract, lot, or parcel, and the permanent parcel number
from the county auditor's permanent parcel numbering system established under section 319.28 of the Revised Code
for each tract, lot, or parcel. This list shall not be considered to be a part of the petition for annexation, and any error
on the list shall not affect the validity of the petition.
#166701
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