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01-09 OrdinanceRECORD OF ORDINANCES Ordinance No. 01-09 PurmSLo.39r~~ Pasrecl 20 AN ORDINANCE ACCEPTING AN ANNEXATION OF 1.25 ACRES, MORE OR LESS, IN PERRY TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN (PETITIONER: BVH ASSOCIATES; PROPERTY ADDRESS: 6294 RIVERSIDE DRIVE) WHEREAS, on October 7, 2008 the Franklin County Commissioners approved Resolution 0849-08 the Regular annexation petition for 1.25 acres, more or less, from Perry Township, Franklin County, to the City of Dublin, as filed on July 30, 2008 by Michael L. Close, Esq., Agent for Petitioners BVH Associates, 6924 Riverside Drive Dublin Ohio 43017; 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; 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 1.25 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 '!~ day of Y , 2009. Mayor -Presiding Officer Attest: Clerk of Council CITY OG' DLBLiV.. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of Dublin City Council r FROM: Marsha I. Grigsby, Interim City Manager ~ ~~~~ /~ DATE: January 15, 2009 Memo INITIATED BY: Steve Langworthy, Director of Land Use and Long Range Planning Gary Gunderman, Planning Manager, Land Use and Long Range Planning RE: Ordinance 01-09 -Accepting an Annexation of 1.25 Acres, More or Less, from Perry Township, Franklin County, to the City of Dublin. (Petitioners: BVH Associates) (Case No. 08-056ANEX) Summary This proposed Regular Annexation is for 1.25 acres located on the northeast corner of Riverside Drive and Tuller Road. This is the current location for a veterinarian office and includes no additional right-of- way from existing streets in the annexation. Per the Ohio Revised Code regarding annexations, the City of Dublin is required to provide a resolution stating what services the municipality will provide. Accordingly, Resolution 63-08 was passed by City Council on August 18, 2008. Copies of that Resolution and the informational memo are attached for reference. This Resolution was forwarded to the Franklin County Commissioners for their hearing on the annexation. This hearing took place on October 7, 2008, and the Commissioners approved the annexation by Resolution 0849-08. A copy of this Resolution is attached. Per the Ohio Revised Code, the transcript of the County Commissioners' hearing is forwarded to the clerk of the municipal corporation to which annexation is proposed. The clerk is required to hold the transcript for a period of 60 days. Following the expiration of 60 days, at the next regular Council meeting, an ordinance accepting the annexation is introduced. The Council shall then accept or reject the petition for annexation within a period of 120 days after the first reading of the ordinance. If approved at the second reading/public hearing, Ordinance 01-09 will be effective 30 days after passage and the property will be incorporated into the City of Dublin. Prior to consideration of Resolution 63-08, the Petitioners and the City approved aPre-Annexation Agreement regarding reparation for the cost associated with removing this property from Perry Township. The agreement also included understandings on water and sewer services, new right-of way dedication, landscaping, signs, and lot combination. Landscaping and signs require completion or application filing within 30 days of completion of the construction, which is now underway. Plans for the landscaping improvements are currently under review by Land Use and Long Range Planning. Completion of construction for the remodel and expansion is expected by early March. Consideration of the actual removal from Perry Township will be scheduled for future City Council action. Recommendation Approval of Ordinance 01-09 at the second reading/public hearing on February 1, 2009. ( ~?a ~'0 ~'~ lT~ p~ y ~ '~; r~ 100' 75' S0' 25' 0' S0 i00' Approximately 1.25 Acres located in 1 Perry Township, Franklin County, Ohio, ,S I ~~ ~~~/; u ~ ~ J ~ to be annexed to the City of Dublin, Ohio. Scale 1" = 50' 2007 t b 18 O ), o er , o f Gl~ SOE ~ Pi.AI'd DFi6'R@110N I ~I 1 ~~ Ro t ~~ ~ k i• l ~ DEAN~LE.Lt£. PS. 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Ringle, P.E.,PS. ~~~ Arco to C< AMe%eJ thg City of DuEii /; j:,,,?:i;':" ,.7/ Exi Corprcotim Lnas % OANANT 2T40 Eost Mafn street (6t4) 235 - 669] = = " e<zlay, Ohb 43209-26YT inro6myer¢surveyiug.com ,rw.p-mrmnm> 3r00J200]a<i x -car x_270 1-270 ROW Cell tower support Existing cell tower ~-~ a-~ ' ~ 1 ~ / ~ ~ 'L ~ ~ ~ f ,, a, s ~ >r i p -50 feet ,/ ~ %i •_ I) •~ / / C 3 ~.. ESC .G a i ``~ - i1 Tuller Road Thomas Farurty. !.P ~ Existing Building Unchanged ~~ '~ - /,~ Expanded 2nd Story Tu/1er' Hertdersort. LLC New 0 25 50 100 Feet { .~, , - - ~>~- - -~ '~',- - ~ ~ {~'~~ a i0+.. 9P ,w~~pp~~ `~~ ~'T,~~' I L ~~. _i .5a` i -' !~~- i - ,~ Y/ - ~ ~ •~ T AA,, - W ,•`. - ,~ ~ - ~i ~. ` -'~ ~ y ._ ~ < ttij ~ ~ i..:, • ~ f BVH Pre-Annexation Agreement Ordinance 31-08 Existing Sign Q City of Dublin corporation limit BVH Associates, LLC - 2 parcels - 1.2 acres O Current Value -land S60,700 Current Value -property 560.700 O Current Value -land $139.300 Current Value - prolserty 5460,000 _ `~- -,~ - ~'- ~ ~' ~< _ - .~ '•.r~i ~.: ~ ~. ~``_. ~~ ~; , _~- .• r~,Yi' ~~.,' 'r ' .. ~~' ~~ _ ~,: .~- ~~ ~~~~~~ ~ E . ,_- ~. ' - CITY OF DUBLIN Dublin City Council 5200 Emerald Parkway Oublin,Ohio43071~1090 R. Lee Brown, Planning Administrator Phane/tOD: 614-410-4400 Franklin County Planning Department Fax: 614~761~6590 Web Site: www.dublin.oh.us 150 South Front Street, FSL Suite 10 Columbus, OH 43215 Mayor Marilee (hinnicidaercher RE: 1.25+/-Acres Regular annexation petition from Perry Township to Vice Mayor the City of Dublin (Petitioner: Michael Close, Esq. lathy A. Baring Applicant: BVH Associates, 6924 Riverside Drive) Richard 5. Gerber Michael H. Reenon Timothy A. lecklider Dear Mr. Brown: John G. Reiner Amy 1. Saay On October 22, 2008 we received the transcript of the County (lerkof Council Commissioners' hearing of October 7, 2008 regarding the above- Anne(.(larke referenced annexation. Per state statute, following the expiration of 60 days after receipt of the transcript, this annexation will be scheduled for first reading at the next regularly scheduled meeting of Dublin City Council on Monday, January 5, 2009. Please contact me if you need additional information. Sincerely, Anne C. Clarke Clerk of Council c: Michael Close, Esq., Agent for Petitioners Gary Gunderman, Asst. Planning Director, City of Dublin Barb Cox, Asst. Director of Engineering, City of Dublin Jennifer Readier, Asst. Law Director, City of Dublin .'*' Franklin County Where Government Works Commissioners Marilyn Brown, President Mary Jo Kilroy Paula Brooks Economic Development & Planning Department lames Shimmer, Director *MEMORANDUM Date: 10/20/2008 To: Anne Clarke, Clerk of Council City of Dublin From: R. L,ee Brown, Planning Administrato Franklin County Planning Department Subject: Transmittal of annexation transcript, Case #REG-26-08 Pursuant to Ohio Revised Code §709.033(C)(1), enclosed is a certified copy of the transcript of the proceedings on the petition. O.R.C. §709.03.3 (C)(1) states: If the board granted Che petition for annexation, the clerk shall deliver a certified copy of the entire record of the annexation proceedings, including all [...] papers on file, [...] to the auditor or clerk of the municipal corporation to which annexation is proposed. Two copies of this letter are enclosed. Please acknowledge receipt of the transcript on one of these letters and return the copy with the acknowledgement to: Annexation Clerk Franklin County Economic Development & Planning Department 150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104 Thank you. ., < i ~aa r { f.-. t f ., ~l,'~' ~; L o'F >! - ~ _ -" ~ xt(o ~'~~ J ~ , qp, n pl.r;,,tl ,,, -- - .~.n ~,. ^Y1 !'Ar ~ ~i `UU~ - i. Economic Development • Community Development 150 South Front Street, FSL Suite 10, Columbus, Ohio 43215-7104 Tel: 614-462-5631 Fax: 614-462-4876 www. FranklinCountyOhio.gov Planning • Zoning • Building Planning & Zoning Tel: 614-462-5631 Building Permits Tel: 614-462-3166 Fax: 614-462-7155 .~ Franklin County Where Government Works Commissioners Marilyn Brown, President Mary Jo Kilroy Paula Brooks Economic Development & Planning Department James Schimmer, Director Date: 10/20/2008 To: Anne Clarke, Clerk of Council City of Dublin From: R. Lee Brown, Planning Administra Franklin County Planning Department Subject: Transmittal of annexation transcript, Case #REG-26-08 *MEMORANDUM Pursuant to Ohio Revised Code §709.033(C)(1), enclosed is a certified copy of the transcript of the proceedings on the petition. O.R.C. §709.03.3 (C)(1) states: If the board granted the petition for annexation, the clerk shall deliver a certified copy of the entire record of the annexation proceedings, including all [...] papers on file, [...] to the auditor or clerk of the municipal corporation to which annexation is proposed. Two copies of this letter are enclosed. Please acknowledge receipt of the transcript on one of these letters and return the copy with the acknowledgement to: Annexation Clerk Franklin County Economic Development & Planning Department 150 South Front Street, FSL Suite 10 Columbus, Ohio 43215-7104 Thank you. Economic Development • Community Development 150 South Front Street, FSL Suite 10, Columbus, Ohio 43215-7104 Planning • Zoning • Building Tel: 614-462-5631 Planning & Zoning Tel: 614-462-5631 Fax: 614-462-4876 Building Permits Tel: 614-462-3166 www.FranklinCountyOhio.gov Fax: 614-462-7155 Resolution No. 0849-08 October 07, 2008 Hearing on a Petition to Annex 1.25 +/- acres from Perry Township to the city of Dublin by Michael Close, Esq. CASE #ANX-REG-26-08 (ECONOMIC DEVELOPMENT & PLANNING) WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded to journalize the petition that Michael Close, Esq. filed on 7uly 30, 2008 and solicited to and/or been heard by all persons desiring to be reviewed for or against the granting of the Regular Annexation 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, ORC 709.02. 2. The persons who signed the petition are owners of the real estate located in the territory proposed for annexation. 3. The number of valid signatures constituted a majority of the owners of real estate in the territory as of the date the petition was filed. 4. The municipality has complied with ORC 709.03(D), the requirement to adopt by ordinance or resolution a statement indicating what services it will provide and an approximate date it will provide services to the territory proposed to be annexed, upon annexation. 5. The territory is not unreasonably large. 6. On balance, the general good of the territory proposed to be annexed will be served, and the benefits to the territory proposed to be annexed and the surrounding area will outweigh the detriments to the territory proposed to be annexed and the surrounding area, if the petition is granted. 7. No street or highway will be divided or segmented by the boundary line between a township and the municipality as to create a road maintenance problem, or, if a street or highway wil l be so divided or segmented, the municipality has agreed, as a condition of the annexation, that it will assu me the maintenance of that street or highway. ~y: _ ; a ' ~>~~U~- ®r3t~o ~c> Z6 OCR' Franklin ~dunty ~conomio C~eveloprnen~ ~ Planning Depar°tn7eni Resolution No. 0849-08 October 07, 2008 Hearing on a Petition to Annex 1.25 +/- acres from Perry Township to the city of Dublin by Michael Close, Esq. (ECONOMYC DEVELOPMENT & PLANNING) 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. Prepared by: R. Lee Brown C: Economic Development & Planning Department ~'.~ .illi~`il.lis~ t ~tt'n i:~ ~ t)€.. i_E/i~~~:`> SIGNATURE SHEET Resolution No. 0849-08 HEARING ON A Pi=PT7'ION TO ANNEX 1.25 +/- ACRES FROM PERRY TOWNSHIP TO THE CITY OF DUBLIN BY MICHAEL CLOSE, ESQ. ANNEXATION CASE #ANX-REG-26-08 (Economic Development and Planning) October 07, 2008 Upon the motion of Commissioner Paula Brooks, seconded by Commissioner Mary Jo Kilroy: Voting: Marilyn Brown, President Mary Jo Kilroy Paula Brooks Aye Aye Aye Board of County Commissioners Franklin County, Ohio CERTIFICATE OF CLERK IT IS HEREBY CERTIFIED that the foregoing is a true and correct transcript of a resolution adopted by the Board of County Commissioners, Franklin County, Ohio on the date noted above. Debra A Wiilaman, Clerk Board of County Commissioners Franklin County, Ohio Franklin County Where Government Works Commissioners Marilyn Brown, President Mary Jo Kilroy Paula Brooks Economic Development & Planning Department James Schimmer, DirecOOr RESOLUTION SUMMARY REVIEW OF PETITION TO ANNEX 1.25+/- ACRES FROM PERRY TOWNSHIP TO THE CITY OF DUBLIN BY MICHAEL CLOSE, ESQ. Description: Attached is a resolution to consider the annexation of 1.25-acres, more or less, from Perry Township to the city of Dublin. The petition case number is ANX- REG-26-08. Agent: Michael Close, Esq. Applicant: BVH Associates LLC Site: 6924 Riverside Drive Analysis: The applicant has met ail statutory requirements outlined in Section 709.03 of the Ohio Revised Code. The applicant has provided proof of notification, and timeline and has provided a service resolution from the city of Dublin stating the services that will be provided once the annexation has been approved. The city of Dublin has agreed to provide the territory proposed for annexation the services specified in the relevant service ordinance #63-08, passed on August 18, 200$. Recommendation: Pending any questions, staff would request your anarova/ of this annexation. R. Lee Brown, Planning Administrator Franklin County Economic Development & Planning Department 280 East Broad Street, Columbus, Ohio 43215-6314 Te1:614-462-3094 Fax:614-462-7155 www.FrankllnCountyOhlo.gov Franklin County Where Government Works Commissioners Marilyn Brown, President Mary Jo Kilroy Paula Brooks Economic Development & Planning Department James Schlmmer, Director MEMO JOURNALIZATION TO: Debbie Willaman, County Clerk Franklin County Commissioners office FROM: R. Lee Brown, Planning Administrator Franklin County Economic Development & Planning Department CC: .lames Schimmer, Director Franklin County Economic Development & Planning Department RE: Description of a Regular annexation case to be journalized on the August 5, 2008 General Session Agenda for a hearing on October 7, 2008. Case #ANX-REG-28-08- An annexation ANX-REG-28-08 was filed in our office on July 30, 2008. The petition is requesting to annex 1.25 +/- acres from Perry Township to the City of Dublin. The applicant is BVH Associates LLC. The agent is Michael Close, Esq. Site: 6924 Riverside Drive. 280 East Broad Street, Columbus, Ohio 43215-6314 Te1:614-462-3094 Fax:614-462-7155 www.Franklin000ntyOhio.gov .~ ~FranklinCounty Where Government Works Commissioners Marilyn Brawn, President Mary ]c Kilroy Paula Brooks - Economic Development & planning Department James Schimmer, Director Application for Annexation Petition fiegailar - By majority of property owners Para a~!~innfo~rfiaffd,~r~~,~ ~_,~, .~ ;x ; ~~,r=~k~,~s~,~ P.,y7 ,G' :~a~_•FA .tF7ti ~t~.~~ff.}_. ~. i:.'.i +- n x Site Address ~ ~ ~)~ ~ ~,,c1Ls ~~ p ~ l V.z ~~`. ~~~- ~ ~~ "~=~ i'°. i 1~~'-*_ ` ,y-'A. ~r{ .l+ j?~b I, N o ~ Parcel ID(s) 2 i 2 f bt~v `~ ~t ~~"~ 2l2 ~ VG Total Aereage f. 2 S From Township P To Munlcipatity ~~'~~' ~~0~~ k s - ~~,~~ 1f~,'"~..?.>~,;`'."?ice. ' Vic? bi`cr~:G' ... '~ Nama "" ~ ~ ?~ /~r5s o e -~-i-e=s ;: ~Qa~;..[~3~:'~'„~Ya~ t4-.C! ~ ~i Address ~ ~ ~ / ~ t 4~.~,5 ~~ ~r. j ' ~~tic'' /J~ 3~i ~ Phone # r n n ,y, Fax # Email ` ~~i L A~ _ t S-e•~ a. (~ ~~. Property Owner Property Owner Property Owner Date Date Date R~CEIVEr~,;~ :. JUE. 3 0 200$:. ,. R Per ........ . ~ Case # ~~0~ The following documents must accompany this application on letter-sized 8 %" x 11" paper: Legal description of property Map/plat of property List of adjacent properties with name, address, parcel iD ~Additionat signature page if necessary 28C East Broad Street, Columbus, Chic 43215-6314 Tel: 614-462-3094 Fax: 614-462-7155 www.FranklinCountyOh[o.gov Office of the City Manager CITY OF DUBLIN_ 5200 Emerald Parkway • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Me m o TO: Members of City Council FROM: Jane S. Brautigam, City Manager ~ for-SSl3 DATE: August 14, 2008 INITIATED Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer BY: 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 63-08 - Adopting a Statement of Services for a Proposed Annexation of 1.25 Acres, More or Less, from Perry Township, Franklin County, to the City of Dublin, Ohio. Summary On July 30, 2008, attorney/agent Michael L. Close filed an annexation petition, on behalf of BVH Associates LLC with the Franklin County Commissioners. The petition is for 1.251 acres of land, located at the northeast comer of Riverside Drive and Tuller Road in Perry Township, which is to be annexed into the City of Dublin. The petition was filed pursuant to R.C. 709.02, which is also known as the "Regular" annexation process. Under this process the City must adopt and provide a resolution relating to municipal services by 20 days prior to the Franklin County Commissioners' hearing. Resolution 63-08 has been prepared for this purpose and for your consideration. The Franklin County Commissioners may grant the proposed annexation after a hearing scheduled for October 7, 2008. 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 1.251 acres and does not include any additional portion of the rights-of--way of Riverside Drive or Tuller Road. In this area, both rights-of--way are already within the City of Dublin, although some of the right-of--way is an easement that will be dedicated to the City of Dublin according to the terms of apre-annexation agreement. Pre Annexation AgreeTnents 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 in Washington Township in order to secure Washington Township Fire and EMS services. This action requires the City to pay reparations to Perry Township on a declining Memo re Resolution 63-08 - Statement of Services August 14, 2008 Page 2 scale over a 12-year period. The Pre-Annexation Agreement commits the petitioner to compensate Dublin for all reparation payments. The Pre-Annexation Agreement also commits the petitioner to bring the Property into compliance with the Dublin Landscaping Code to the extent possible, bring all current and future signs into compliance with the Dublin Sign Code, dedicate additional right-of--way for Riverside Drive, and to combine the two lots involved in this petition. Background ZONING and COMMUNITYPLAN The current Perry Township zoning classification for this property is Community Commercial, which allows a wide range of retail and service uses, including a Veterinary Clinic and office. 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, and offices of veterinarians when located on parcels 'of five acres and as approved by a conditional use. The existing veterinarian office will be non- conforming until the zoning is amended or the site is redeveloped. The 2007 Community Plan anticipated annexing this area. The adopted Future Land Use Map calls for Standard Office use for the entire tract. The existing adjacent properties include: Vacant R-1 zoning to the west, north and east; and vacant Community Commercial zoning across Tuller Road to the south. 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 2.1 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. All previous annexations in this area have been removed from Perry Township and placed into Washington Township. The closest station is approximately 4,476 feet away (Wash. Twp. Station #92) at Hard Road. If approved, 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. Memo re Resolution 63-08 - Statement of Services August 14, 2008 Page 3 Water Distribution The property is located within the exclusive annexation area of the Water Service Agreement with the City of Columbus. A 12-inch waterline is located on the south side of Tuller Road and will serve this property. Sanitary Sewer Collection The property is located within the exclusive annexation area within the Sanitary Service Agreement with the City of Columbus. This property is located within the tributary area of the West Scioto Interceptor trunk sewer which runs along Riverside Drive. A 12-inch sanitary sewer is located in the center of Tuller Road which will serve this property. Stormwater Management and Floodplain The property has significant topography and generally drains from east to west toward the Scioto River. This property is located in the East Unconsolidated Watershed as defined by the Stormwater Master Plan. This property is located outside any FEMA designated floodplains. Roads and Streets The primary roads serving this property are Riverside Drive and Tuller Road. Per the Thoroughfare Plan, Riverside Drive is classified as a major arterial with 112 feet ofright-of--way and Tuller Road is a collector with 80 feet of right-of--way. 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. Approval of Resolution 63-08 regarding the Statement of Services is recommended. Upon City Council's approval, the approved Resolution will be forwarded to the Franklin County Commissioners for their required hearing. RECORD OF RESOLUTIONS Dayton Legal Blark. Inc.. Form No. 300x5 63-08 Resolution Nn. Ptrssed , 20 A RESOLUTION ADOPTING A STATEMENT OF SERVICES FOR A PROPOSED ANNEXATION OF 1.25 ACRES, MORE OR LESS, FROM PERRY TOWNSHIP, FRANKLIN COUNTY, TO THE CITY OF DUBLIN. WHEREAS, a Regular Annexation petition for 1.25 acres, more or less, from Perry Township, Franklin County to the City of Dublin was filed in the offices of the Franklin County Commissioners on July 30, 2008, by Michael L. Close, Attorney/Agent for Petitioners, BVH Associates LLC; and WHEREAS, Section 709.03 (D) 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 area contained in the Dublin Community Plan, adopted by Council on December 10, 2007. 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 will provide the following municipal services for the 1.25 acres, more or less in Perry Township, Franklin 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 2.1 miles away 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 4,476 feet away (Wash. Twp. Station #92) on Hard 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 Riverside Drive and Tuller Road in the area of this annexation and will continue to do so at the same levels upon annexation of this property. 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, RECORD OF RESOLUTIONS Resnlutiort No. Inc.. Farm No. 30045 Page 2 Prrs~s~~~ ~. ~n 63-08 sufficient public water distribution and sanitary sewer collection systems exist in this area to serve this property at the current time. 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 , 2008. Mayor -Presiding Officer ATTEST Clerk of Council II I BVH Associates Annexation ~i ~~ m of Dublin K City of Dublin ~~„°°~ ~~ 0 .. rive City of Dublin 61133 ~~ W1LES, BOYLE, BURKHOLDER~'•' BRINGARDNE~ CO,.LPA ATTORNEYS AT IAW 303 Spruce Street f-laor One Columbus. Ohio 4327 5-7 7 73 TelePha~e: 614/227-5276 Facsimile: 674/227-5692 vJWW,N'1e518W.COrtt DANIEL G. 1V:LES DALE D. COOK JAN.ES.v,.WLS NJ~RY TEN EYOlc TAYLOR MARK J. SREPoFF JAY 6. `cGG6WE1t F.R" IHOW S E, BGYLE EUGENE L. NDLIJNG M5'CMAEL L CLOSE' Y/!LLtMrt 8. BEIV50N RICHMiD D. BRUJGf33DNER SAMUEL M. RRNO"' DANIEL E. BRINGAIYNJER G. VviLLNM K1.4'JSMAiJ StEVElJ P ELLFDii THCMMS L HA.4T BRUCE H. BURIGi'JLDEF. JPNES M. RUCRES AM4K C. MFIKO (7906~t9691 iG.fiFM T. 60YlE l}~WJ'.SA ~L1GaER J. CCREV COLOMBO p9pgq~71 GNa'.STO?-~rF G. PHILU?S LAUREN S. 6FRL NEIL G SPNYIER JENNIFER 6. ClSTO AucA E. u,MBEUJ j ccolombo(a~wileslaw.com July 30, 2008 VIA CERTIFIED MAIL Clerk of Council Attn: Anne Clarke City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 Re: Notice of Annexation Petition Pursuant to R.C. §709.033 Dear Clerk of Council: 'ADMmED w oR~o AND FLOPADC. .•PDMfi-fED IN Ckilp. NEW YORK AND TI1E DISTRICT OF Ca.U?d6W JAY B, EGGSPUEF.LER. ESO., L! G ^'ADMfTED IN 04:0 AND FENNSYLVANiH This office serves as agent for annexation petitioner BVH Associates. As agent, we are required by R.C. §709.033 to provide you notice that an annexation petition was filed on July 30, 2008 with the Franklin County Development Department. Attached to this correspondence is a true and accurate copy of the annexation petition. The Franklin County Commissioners will vote upon whether to approve the atmexation on October 7, 2008 at their 9 a.m. meeting. The meeting will be held in the County Commnissioners' hearing room, 373 South High Street, 26th Floor, Columbus, Ohio, 43215. Please do not hesitate to contact me at (614) 221-5216 if you have any questions. Thank you. Sincerely, ~~~~- J. Corey Colombo Encl. cc: Michael L. Close, Esq. Jennifer D. Readier, Esq. ~~v~~~~~ a~G v~~~I~ c~~ P of v~~,~~~ nzozv2a PETITION FOR MAJORITY-OWNER ANNEXATION (PURSUANT TO R.C SECTION 709.02, ET. SEQ.) TO THE CITY OFDUBLIN OF L25 ACRES, MORE OR LESS INTHE TOWNSHIP OFPERRY TO THE BOARD OF COUNTYCOMMISSIONERS OF FRANKLIN COUNTY, OHIO The undersigned, petitioners in the premises, and being ALL OWNERS OF REAL ESTATE in the territory described, consisting of 1.25 acres, more or less iu the Township of Perry, and contiguous to the City of Dublin, do hereby pray that said temtory 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 amiexed are attached hereto and made part hereof. In support of said Petition, your petitioner states that there is within the territory so prayed to be annexed ONE (1) OWNER OF REAL ESTATE. Michael L. Close, Esq., Wiles Boyle Burkholder & Bringazdner Co., LPA, whose address is 300 Spruce Street, 1~` 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 particulaz to make such amendment in order to correct any discrepancy or mistake noted by the Franklin 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. IGNAT RE NAMEAND ADDRESS BVH Associates LLC 6924 Riverside Drive Dublin, Ohio 43017 DATE ~ /8" ~8~ #190814 Annexation Petition for 1.25+/-Acres List of Land Owners as Required by R.C. 709.02(D) LIST OF PARCELS WITHIN ANNEXATION AREA: BVH Associates, LLC 6924 Riverside Drive Dublin, OH 43017 Franklin Co. Parcel Nos. 212-000494 and 212-001246 LIST OF PARCELS ADJACENT TO ANNEXATION AREA: Thomas Family LP 7780 Brock Road Ptain City, OH 43064 Franklin Co. Parcel No. 273-008247 Tuner Henderson LLC 1605 NW Professional Plaza Columbus, OH 43220 Franklin Co. Parcel Nos. 273-009080 and 273-008244 City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Franklin Co. Parcel No. 273-011236 t?790G23 rl~r[~` ,ry/,~v ~ ~1y~r~~w t--~ ~~~~~ ANNEXATfON 2740 East IVlain Street PLAT & DECRIPCION Bexley, Ohio 43209-2577 ACCEPTABLE 614 235-8677 DEAN C. RINGLE, P.E., P.S. ( ) FRANKLIN COUNTY ENGINEZ<ti October 18, 2007 Telefax 235-4539 ,2, .Email: info@myerssurveying.com By ~ '/ Daze .1 lS~Ug Approximately 1.25 Acres iocated is Perry Township, Franklin County, Ohio, to be Annexed to the City of Dublin, Ohio Situated in the State of Ohio, County of Franklin, Township of Perry, in Quarter To~mship 2, Township 2, Range 19 United States Military Lands and being a part of the Original 1.820 Acre tract as conveyed to BVH Associates LLC in Instrument Number 1 4971 00801 1 4699, Tracts I & IL Recorder's Office; Franklin County, Ohio and being more particularly described as follows: Beginning at the intersection of the north Right of Way of Tuller Road with the east Right of Way of Riverside Drive (State Route #257}, at the northwest comer of the City of Dublin 0.365 Acre tract (Official Record Volume 19406 D-03} and at an angle point in an existing City of Dublin Corporation Line, as established by Ordinance Number 79-03, of record in Instrument Number 200309220301334, said Recorder's Office; Thence, northerly, across said Original 1.820 Acre tract, along the east Right of Way of said Riverside Drive and along said Corporation Line (Ordinance Number 79- 03), approximately 141 feet; to the intersection of said line with the north line of said Original 1.820 Acre tract, at ari angle point in said Corporation Line (Ordinance Number 79-03} and in an existing City of Dublin Corporation Line; as established by Ordinance Number 14-b5, of record in Miscellaneous Record 138, Page 617; Thence; easterly, along the northerly line of said Original 1.820 Acre tract and along said Corporation Line (Ordinance Number 14-65), approximately 381 feet, to the northeast comer of said Original 1.820 Acre tract and being an angle point in said Corporation Line (Ordinance Number 14-65); Thence, southerly, along the east Line of said Original 1.820 Acre tract and along said Corporation Line (Ordinance Number 14-65), approximately 140 feet, to the north Right of Way of said Tu11er Road, the northeast comer of said 0365 Acre tract and an angle point in said Corporation Line (Ordinance Number 79-03); Thence, westerly, along the north Right of Way of said Tu11er Road, said Corporation Line (Ordinance Number 79-03) and along the north line of said 0365 Acre tract, approximately 396 feet, to the place of beginning CONTAINING APPRO~ATELY 1-25 ACRES. TAE FOREGOING DESCRIPTION VVAS PREPARED FROM RECORDS ONLY AND IS TO BE USED'FOR ANNEXATION PURPOSES ONLX. ( ~?a ~'0 ~'~ lT~ p~ y ~ '~; r~ 100' 75' S0' 25' 0' S0 i00' Approximately 1.25 Acres located in 1 Perry Township, Franklin County, Ohio, ,S I ~~ ~~~/; u ~ ~ J ~ to be annexed to the City of Dublin, Ohio. Scale 1" = 50' 2007 t b 18 O ), o er , o f Gl~ SOE ~ Pi.AI'd DFi6'R@110N I ~I 1 ~~ Ro t ~~ ~ k i• l ~ DEAN~LE.Lt£. PS. FRANRIJN OOUMT FdiCWEER / I~~^ a ~ gy ~J '> pmel ~15~cO r'*d. ti Vicinity dfep ' ~y Twnw faNr lP s` ~ so % / / '"""' -,-•••.---._...~.~+381' Ord ro9o.0ai 65 ~ orat'oq °Oef tmboazn ~~ /// / ~ ~~~ %~ ~/ / % ,,,,,~.. Esc rec. 138, Py 617 / ~ ~ // % w ry ^ /i/ '~i % %j /~j /~/~i//%~%j/ /// ~%~ q ~ ~' ~r• / // /// j~ ~~ / / / / i~ / / ~/// // / //' / 1%iw fmiY V Pv<aIm-rae]q ~/ / j/ / C~/ /~ j%/~ / ¢ ~ /, ~ rr QCI ~E ~/ ~ / ~ ~ ~ ~ //:/ /j .~~ j, I/~/ / /+i~ij / ~~(1 ~ti G.! i ~~~~~~ ' //~ I ~ ~/ / ~j/ // / ~ ~ lx / .r /, . i j nic eViTYi=o 6/ / / ~ 0'82N~1f/ %/~ / nn~~ O / / /;~//:~j%ji~ j/~//% j /~~~ ~Ymca T,! O4 ~%/~~%j ~'Fi Point o1 Be9inniny 3gg ....~..____:. ~ /// . . \_ Ci(y o/ -~-~----.__ O.Rq 1990 D-03 Ore, No, O79;° Corporation; '~--_. a r 03, b]st. No. 2 0070 _-~ o 9 2 2070 1339 ---' _ / Tulla r Road 4}' CI EKStirq R/W WI RECEIVED r~ ~'~ r,¢ -___ MM /i]]tAM1]w _ rw w~ uc (n vs.n .z]~-ocxaa ~u~' 1 4 2008 Le end g rrankiin County Engineer Dean C. Ringle, P.E.,PS. ~~~ Arco to C< AMe%eJ thg City of DuEii /; j:,,,?:i;':" ,.7/ Exi Corprcotim Lnas % OANANT 2T40 Eost Mafn street (6t4) 235 - 669] = = " e<zlay, Ohb 43209-26YT inro6myer¢surveyiug.com ,rw.p-mrmnm> 3r00J200]a<i x -car PRE-ANNEXATION AGREEMENT This Pre-Annexation Agreement ("Agreement") is entered into on ~U, ~, 2008, by and between BVH Associates LLC ("BVH") and the City of Dublin (" ublin"), an Ohio municipal corporation, whose principal mailing address is 5200 Emerald Parkway, Dublin, Ohio 4301"7 (referred to collectively as "Parties"). RECITALS WHEREAS, BVH owns certain real property located at 6924 Riverside Drive in Perry Township (the "Property"), being more fully described in the Franklin County Auditor's information attached as Exhibit "A" and incorporated herein; and WHEREAS, the Property is located adjacent to and within the present corporate boundazies of Dublin; and WHEREAS, BVH desires to annex its Property to Dublin in order to obtain municipal services to support the Property; and WHEREAS, Dublin desires to annex the Property. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, the Parties hereby agree as follows: t. Annexation: BVH is subject to the Perry Township and/or State of Ohio Building Codes and the Perry TownshipLoning Code. At the time of execution of this Agreement, BVH is finalizing the building plans and will gain the necessary building permits and zoning approval from Perry Township and/or the State of Ohio as soon as is reasonably practical. BVH will submit an annexation petition, pursuant to Ohio Revised Code Section 709.02, to the Franklin County Commissioners within seven (7) days of obtaining the necessary building permits and zoning approval from Perry Township and/or the State of Ohio. If BVH does not submit an annexation petition by that deadline, BVH agrees that the Dublin Law Director may act as BVH's appointed agent and file an annexation petition related to the Property. In that event, BVH will pay all legal costs and fees related to the annexation, including attorney fees and surveyor fees. Dublin waives its annexation filing fee for the Property as the annexation of the BVH Property will fill in an unincorporated area that is completely surrounded by the Dublin corporate limits. Dublin will accept the annexation of the Property. 2. Water aad Sewer Services. The Property lies within the Exclusive Dublin Expansion Area. Upon the fi{ing of the annexation petition, Dublin wilt provide access to water and sewer services to the site with BVH paying all costs of connecting to the water and sewer system. 3. Boundary Adjustment: It is Dublin's intent to fife a petition for a boundary adjustment after the acceptance of the Property by City Council, which wilt result in the Property conforming to the Washington Township boundaries. Such action will practically result in the CHI IOb063 ~ exclusion of the Property from Perry Township's jurisdiction. Pursuant to Ohio Revised Code Section 709.19, Dublin must make repazations to Perry Township of a percentage of the Township taxes that would have been due the Township if annexation had not occurred in the amounts as follows: Yeazs 1 through 3 80.0% Years 4 through 5 67.5% Yeazs b through 7 62.5% Yeazs 8 through 9 57.5% Yeazs 10 through 12 42.5% After yeaz 12 0% BVH, its successors and assigns, hereby agree to compensate Dublin for all repazations payments Dublin is required to make to Perry Township. BVH, its successors and assigns, will pay any invoice presented to them by Dublin for such reparations within thirty (30) days of receipt of said invoice. 4. Rieht-of--Way Dedication: Dublin is planning to install a bikepath on the east side of Riverside Drive between Tuller Road and Emerald Pazkway a portion of which will be located on the Property. In addition, Dublin is in the planning phases for a road improvement project on Emerald Pazkway {"Emerald Pazkway Phase 8") which will require BVH to convey right of way to Dublin. BVH, its successors and assigns agree to dedicate any right-of--way necessazy for the bikepath and any other right-of--way dedication required by Dublin in conjunction with the Emerald Pazkway Phase 8 project at no cost to Dublin, provided the total amount of right-of-way taken along the east side of Riverside Drive does not exceed approximately fifty (50) feet. The estimated right-of--way dedication is attached as Exhibit B. 5. Cooperative Development for Future Roadway Protects. The Parties agree to work jointly with regard to any future roadway development that occurs adjacent to the Property. 6. Landscaping. BVH agrees to bring the Property into compliance with the Dublin Landscaping Code to the extent reasonably possible and to the satisfaction of the Dublin Planning Staff within thirty (30) days afrer completion of all construction and site development on the Property. BVH also agrees to screen all dumpster areas. 7. Siens. BVH agrees to file a Corridor Development District sign application for all signs on the Property within thirty (30) days after completion of all building construction and site development on the Property. All signs will be installed within thirty (30) days afrer obtaining Dublin Planning and Zoning Commission approval. 8. Lot Combination. BVFI agrees to combine the two lots that are the subject of the annexation within thirty (30) days afrer the execution of this agreement. 9. Council Action: The foregoing obligations and cormnitments by Dublin contained herein are contingent and shall be effective and enforceable only upon the approval of all necessary ix ~ ~o:cos r ~ legislation andlor motions by Council and the expiration of all referendum periods applicable thereto. ]0. Successors and Assiens: This Agreement shall run with the land and be binding upon and inure to the benefit of the respective heirs, persona[ representatives, successors, transferees, and assigns of the parties hereto. 11. Amendments: This Agreement may be amended, modified, or changed only by a written agreement properly executed by Parties. 12. Apolicable Law: This Agreement shall be governed by, construed, and interpreted in accordance with the ordinances and laws of Dublin, the State of Ohio and the United States, in that order. 13. Waiver. No delay or failure on The part of any party hereto in exercising any right, power, or privilege under this Agreement or under any other instruments given in connection with or pursuant to this Agreement shall impair any such right, power, or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power, or privilege shall preclude the further exercise of such right, power, or privilege, or the exercise of any other right, power or privilege. 14. Severabilitv. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, such provision shall be enforced to the greatest extent permitted by law and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 15. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the parties hereto. IN WITNESS WHF,REOF, the undersigned have set their hand to duplicates hereof, on the day and yeaz first above written. BVH ASSOCIATES LLC By: ~wa.).- Its- T Q~~ti-i~t CITY OF DUBLIN An Ohio Municipal Corporation ~ HI )oz)Ofi) ~ y: ~...~. ~..,~. Jane S. Brautigam Its: City Manager IHIIDIIOB ] i q