28-03 Resolution
RECORD OF RESOLUTIONS
Dayton legal Blank Co" Form No, 30045
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I! Resolution No, nnn18::Q3n Passed "
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A RESOLUTION TO SET FORTH A STATEMENT OF
SERVICES TO BE PROVIDED TO THE AREA IN A
PROPOSED ANNEXATION OF 1.186, MORE OR LESS
ACRES FROM CONCORD TOWNSHIP, DELAWARE
COUNTY TO THE CITY OF DUBLIN, OHIO AS REQUIRED
BY SECTION 709.023 OF THE OHIO REVISED CODE.
WHEREAS, a petition for an Expedited II method of annexation of 1.186, more or
less acres from Concord Township, Delaware County was filed in the offices ofthe
Board of County Commissioners of Delaware County, Ohio on May 22, 2003 by
Robert E. Albright, 600 South High Street, Columbus, Ohio 43215, Agent for
Petitioner South Heidelberg, Inc., 4333 Sharon A venue, Columbus, Ohio 43214;
and
WHEREAS, the Expedited II method of annexation, pursuant to Section 709.023(D)
ofthe Ohio Revised Code, authorizes the Delaware County Commissioners to grant
the annexation by resolution, without a formal hearing, at their next regular session
that is scheduled 25 days after the petition is filed, should neither the City of Dublin
nor Concord Township object to the annexation; and
WHEREAS, should either the City of Dublin or Concord Township object to the
annexation within 25 days of the petition being filed, the Delaware County
Commissioners would review the petition on a limited basis, without a formal
hearing, within 30-45 days after the petition is filed and would grant the petition if all
the criteria are met in 709.023(E); and
WHEREAS, Section 709.023(C) ofthe Ohio Revised Code requires that, within 20
days after the date that the petition is filed, the legislative authority ofthe municipal
corporation to which annexation is proposed adopt an ordinance or resolution stating
what services the municipal corporation will provide, and an approximate date by
which it will provide them, 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 the Village of Shawnee Hills; 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, THERE&RE 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
immediately upon annexation, if not sooner by agreement of all relevant parties, for
the 1,186, more or less acres in Concord Township, Delaware County upon the
annexation ofthe area to the City of Dublin, Ohio:
Police. The City provides Police and Communications service on a twenty-
four hour basis and also has mutual aid agreements with other municipalities.
The annexation area lies approximately three miles northwest of Dublin's
Police substation on Hard Road. Dublin operates with a minimum of four
cruisers on duty. A response time of approximately five minutes for an
emergency situation should be expected for this area.
RECORD OF RESOLUTIONS
Dayton legal Blank Co" Farm No, 30045
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II R I ' N Passed " ,uu uuPage2uu,
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Fire. Fire and emergency medical services protection is currently provided by
well-staffed departments in Concord and Washington townships. They, too,
have mutual aid agreements with other municipalities and townships. This
annexation would not change fire department jurisdictional boundaries, and
therefore response times for fire and emergency medical services will not be
affected.
Sanitation. Residential refuse collection services are contracted by the City
and are currently provided at no additional charge. These services will be
provided to the annexation area upon annexation.
Street Maintenance. The City's Streets and Utilities Division provides
excellent service in the area of street and road maintenance and has adequate
staffing to provide these services to the annexation area upon annexation.
Finances. The City is financially capable of providing all necessary services
to the annexation area upon annexation.
Section 2. The City has SEWER and WATER service area contracts with the City of
i Columbus, and the subject property is within the service areas. The annexation area
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I already receives WATER service from the City of Columbus and this will remain
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unchanged by the annexation. The City of Dublin will provide SEWER services to
the annexation area upon annexation if not sooner by agreement of all relevant
parties.
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i Section 3. This resolution shall be effective immediately upon its passage as
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! provided under Section 4.04(a) of the Revised Charter.
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I Passed this etfA day of ~ ,2003.
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I ATTEST:
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Clerk of Council
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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,
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MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Jennifer D. ReadIer
J. Corey Colombo
DATE: June 5, 2003
RE: Resolutions 28-03 and 29-03
On May 22, 2003, attorney/agent Robert E. Albright filed an annexation petition, on
behalf of South Heidelberg Inc., with the Delaware County Commissioners. The petition is for a
portion of the Bogey Inn property, 1.186 acres in Concord Township to be annexed into the City
of Dublin. The South Heidelberg petition was filed pursuant to R.c. 709.023(B), which is also
known as the "Expedited Two" method of annexation. On May 23, 2003, notice of filing of the
annexation petition was submitted to Dublin Clerk of Council.
The "Expedited Two" method of annexation has some timing requirements that are
extremely demanding on municipalities. First, within twenty (20) days after the petition is filed,
the municipality must adopt an ordinance or resolution relating to municipal services. Second,
within twenty (20) days after the petition is filed, the municipality must adopt an ordinance or
resolution relating to land uses and zoning buffers, if the territory proposed to be annexed is
currently subject to either county or township zoning. This office has prepared both of these
resolutions for your consideration.
The county commissioners shall grant the proposed annexation, without a hearing, if
neither the municipality nor the township object to the annexation by ordinance or resolution
within twenty-five (25) days of the petition being filed. Should either the municipality or
township object, the commissioners must grant the proposed annexation, without a hearing, if
certain criteria in R.C. 709.023 have been met. It appears that the proposed annexation area
meets all criteria for approval.
As always, please contact this office if you have any questions or wish to further discuss
this matter.
{H0330320,2 i
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NOTTeR OF FTT.TNn OF PRTTTTON FOR ANNRXATTON
To: Ms. Anne C. Clarke, Clerk of the City of Dublin, Ohio
Dublin City Hall
5200 Emerald Parkway
Dublin, OH 43017
Telephone: 761-6500
Re: Proposed annexation of 1.186+- acres in Concord Twp.,
Delaware County, Ohio to the City of Dublin, Ohio;
my file number 76545-005
In accordance with Section 709.023(B) of the Ohio Revised Code,
notice is hereby given that a petition for annexation to the City of Dublin,
Ohio, for 1.186 acres, more or less, in Concord Township, Delaware County,
Ohio, was filed with the Board of County Commissioners of Delaware
County, Ohio, on May 22, 2003 at 3:16 P. M. Attached hereto and made a
part hereof is the petition for annexation to which the legal description of
the 1.186+- acres and the plat therefor are attached.
Date: May 23, 2003
R bert E. Albright, Agent for Petitioner
600 South High Street
Columbus, OH 43215
Telephone: 614-228-5711
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PETITION FOR ANNEXATION
TO THE CITY OF DUBLIN, OHIO
OF 1.186 ACRES, MORE OR LESS,IN
CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO
Now comes the undersigned, petitioner in these premises and being the
owner of a certain area as hereinafter described, consisting of 1.186
acres, more or less, in Concord Township, Delaware County, Ohio, which is
con tiguous and adj acen t to the City of Dublin, Ohio, according to the
statutes of the State of Ohio. Said area is situated in the Township of
::oncord, County of Delaware and State of Ohio; and an accurate legal
jescription of the per~eter is attached hereto and made a part hereof as
Exhibit "A", and an accurate map of the territory proposed for annexation
is attached hereto and made a part hereO'f as Exhibit "B",
Robert E. Albright,-of 600 South High Street, Columbus, OH 43215, is
the person to act as agent for the undersigned petitioner as required by
Section 709.02 of the Ohio Revised Code. 'Uris ~tition is for an Expedited II
annexation, under Sections 709.021 and 709.023, Chio Revised Code.
The person who signed this petition is the owner of the real estate
located within the territory proposed for annexation and constitutes all
of the owners of the real estate in that territory.
WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL IN
LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS' ENTRY OF ANY
RESOLUTION PERTAINING TO THIS SPECIAL ANNEXATION PROCEDURE, ALTHOUGH A
WRIT OF MANDAMUS MAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES
REQUIRED BY LAW FOR THIS SPECIAL ANNEXATION PROCEDURE.
Lot No.or Date
Name Address Acreage Signed
SOUTH HEIDELBERG, 4333 Sharon Ave.
INC. (an Ohio Columbus, OH
corporation) 43214 1.186+- Ac. May 19 , 2993
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2740 East Main Street EXHIBIT "A"
Bexley, Ohio 43209-2577 May 17,2001
(614) 235-8677 Revised August 3, 2001
Telefax 235-4559 Revised May 12,2003
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Revised May 20, 2003
Expedited II AllItexation/ORC 709.021 & 709.023
Description of a 1.186 Acre Tract of Land Located on tlte Soutlterly Side of Glick
Road, Concord Township, Delaware COllnty, Ohio
TO: City of Dublin, Ohio
,
FROM: Concord Township, Delaware County, Ohio
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Situated in the State of Ohio, County of Delaware, Township of Concord, part of
Virginia Military Survey No, 2545, being the 1 Acre and 0,186 Acre tract ofland
conveyed to South Heidelberg Inc" as shown of record in Deed Book 506, Page 465 and
Deed Book 506, Page 462, respectively, Delaware County Recorder's Office and being
more particularly described as follows: ,
Beginning at the northwest corner of said 1 Acre tract, being on the southerly line
of Glick Road (50 feet wide), also being on the easterly existing Village of Shawnee Hills
Corporation Line, as established by a Village of Shawnee Hills Ordinance No, 184 and
shown of record in Plat Book 10, Page 94;
Thence, along a curve to the left, along the southerly line of said Glick Road, and
along part of the northerly line of said 1 Acre tract, South 89 degrees 09 minutes 19
seconds East, 247.05 feet to a point of tangency;
Thence, along the southerly line of said Glick Road, along part of the northerly
line of said 1 Acre tract, North 81 degrees 33 minutes ~ 1 seconds East, 17.10 feet to the
northeast corner of said 1 Acre tract;
Thence, along the easterly line of said 1 Acre tract, South 16 degrees 05 minutes
49 seconds East, 137,10 feet to the southeast corner of said 1 Acre tract, the northeasterly
corner of said 0.186 Acre tract;
Thence, along the easterly line of said 0.186 Acre tract, South 34 degrees 49
minutes 12 seconds East, 36,94 feet to the southeasterly corner of said 0.186 Acre tract,
.
Continued. . .. . .
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and being on a northerly existing City of Dublin Corporation Line, as established by a
City of Dublin Ordinance No. 10-02 and shown of record in Plat Cabinet 2, Slide 730;
Thence, along part of the southerly line of said 0,186 Acre tract, and along said
existing City of Dublin Corporation Line, South 73 degrees 49 minutes 10 seconds West,
36.31 feet to an angle point in said line;
Thence, along part of the southerly line of said 0.186 Acre tract, and cilong said
existing City of Dublin Corporation Line, South 80 degrees 39 minutes 02 seconds West,
36.91 feet to an angle point in said line;
Thence, along part of the southerly line o! said 0.186 Acre tract, and along said
existing City of Dublin Corporation Line, South 78 degrees 44 minutes 29 seconds West,
68.92 feet to an angle poiI},Lin said line;
Thence, along pali of the southerly line of.said 0.186 Acre tract, and along said
existing City of Dublin Corporation Line, South 71 degrees 45 minutes 11 seconds West,
123.46 feet to an angle point in said line; ..
Thence, along part of the southerly line of said 0.186 Acre tract, and along said
existing City of Dublin Corporation Line, South 71 degrees 38 minutes 28 seconds West,
89,17 feet to the southwesterly corner of said 0,186 Acre tract;
Thence, along the westerly line of said 0,186 Acre tract, and along said existing
City of Dublin Corporation Line, North 16 degrees 02 minutes 09 seconds West, 20,02
feet to the northwesterly corner of said 0,186 Acre tract, also being on said existing
I Village of Shawnee Hills Corporation Line;
Thence, along part of the northerly line of said 0.186 Acre tract, also along said
; existing Village of Shawnee Hills Corporation Line, North 71 degrees 38 minutes 28
seconds East, 88,38 feet to the southwesterly corner of said 1 Acre tract;
':. Thence, along the westerly line of said 1 Acre tract, also along said existing
: Village of Shawnee Hills Corporation Line, North 15 degrees 55 minutes 49 seconds
:J West, 220.90 feet to the place of beginning CONTAINING 1.186 ACRES, MORE OR
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.j LESS, Basis of bearings as per Deed Book 506 Pages 462 and 466. This description is
: prepared from records only.
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Area to be Annexed ~
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(Jl ";UJ 1) Total length of contiguity with Boundary of Dublin = 374 L.F.
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Q. " 2) Total length of the perimeter of the 1.186 Acre = 1122 L.F.
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~-- ,;':1 Q. - 3) We hereby certify that the Total Percentage of perimeter contiguity = 33 % -
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BY.~ ;fii~ - -;;- 4) No island of unincorporated area is being created by this annexation,
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. Joseph , Myers
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PROPOSED ANNEXATION
\ of Columbus ( Exped ded III ORe Sec,709,02\ 8. 709.023
2740 East Main Street ~llr city Situated in the State of Ohio, County of Delaware, Township of Concord, part of
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Bexley; Ohio 43209 . \'2. Virginia Military Survey No. 2545, being 1.186 Acres +/- to be Annexed to the
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(614) 235-8677 -;lll
s City of Dublin
:relefax 235-4559