142-01 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No. 142-O1 Passed . 20
AN ORDINANCE DIRECTING THE LAW DIRECTOR OF THE
CITY OF DUBLIN TO PETITION THE COUNTY
COMMISSIONERS OF FRANKLIN COUNTY, OHIO FOR
ANNEXATION OF APPROXIMATELY 2.801 ACRES OF LAND,
LOCATED AT THE INTERSECTION OF SHIER-RINGS ROAD
AND EITERMAN ROAD, TO THE CITY OF DUBLIN AND
REPEALING ORDINANCE NO. 111-O1, AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Dublin has a strong interest in controlling the right-of--way on
its borders. The intersection of Shier-Rings Road and Eiterman Road as described and
depicted in the attached Exhibits "A" and "B" currently borders the City, but is not within
the corporate limits; and
WHEREAS, it is necessary to annex the subject property to the City of Dublin for the
purpose of design, maintenance and providing emergency services to the intersection; and
WHEREAS, the Franklin County Engineer's Office located an error on the original
annexation plat which had included right-of--way currently in the City of Dublin corporate
limits, thereby bringing the total land area to be annexed to 2.801 acres of land; and
WHEREAS, the municipal annexation procedure must be initiated by petition to the
Franklin County Board of Commissioners pursuant to Ohio Revised Code Sections
709.14 through 709.16; and
WHEREAS, it is necessary to repeal Dublin Ordinance Nos. 111-01 based on the
revision in the annexation map as proposed by the Franklin County Engineer's Office;
and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concumng:
Section 1. Council considers it necessary to annex the subject property to the City of
Dublin for the purpose of design, maintenance and providing emergency services to the
intersection.
Section 2. The Law Director of the City of Dublin is hereby directed to petition the
Franklin County Commissioners for annexation of 2.801 acres of land located in
Washington Township, Franklin County, Ohio, in accordance with Ohio Revised Code
Section 709.16.
Section 3. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt control of the intersection of Shier-Rings Road and Eiterman
Road is necessary to allow local control over the City's borders. Therefore, this
ordinance shall go into immediate effect.
Passed this L~ day of D ~ ~n 2001.
or- Presi mg Officer
ATTEST:
~ i herelly ce=tify thot copies of this Ordinnnce~`Resolution were past in the
Clerk of Council -i-y of Dublin in nccordonce with Section 731.25 of the Ohio Revise Code.
ties o ouncil, Ooblin, Ohio
SCHOTTENSTEIN ZOX $c DUNN
a legal professional association
MEMORANDUM
TO: Dublin City Council
Anne Clarke, Clerk of Council
FROM: Stephen J. Smith, Law Director
Mitchell H. Banchefsky, Assistant Law Director
Philip K. Hartmann
DATE: November 15, 2001
RE: Annexation of Shier-Rings Rd. and Eiterman Rd. intersection
The Dublin City Council passed Ordinance 111-01 on September 4, 2001, which
authorized the Law Director to petition the Franklin County Commissioners for the above
referenced property. In the process of preparing the petition to the Commissioners, this office
became aware that the surveying company had some inaccuracies in the legal description for the
area to be annexed. Therefore, this office made the decision to resubmit the ordinance to the
Council so that there are not any discrepancies when the petition is submitted to the
Commissioners.
As always, please do not hesitate to contact this office if you have any questions or wish
to further discuss this matter.
www.SZD.com
Columbus
Cleveland
Cincinnati
{xoial9ao.l >
The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5135
PROPOSED ANNEXATION OF 2.801 ACRES
TO: THE CITY OF DUBLIN
FROM: WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OHIO
AUGUST 15, 2001
REVISED OCTOBER 11, 2001
SITUATE IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,
~ VIRGINIA MILITARY SURVEY 6748, 3452 AND 3453 AND BEING AN ANNEXATION OF
2.801ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1r.. BEGINNING IN THE NORTHERLY RIGHT OF WAY LINE OF SHIER-RINGS ROAD AT THE
NORTHEASTERLY CORNER OF A 0.2940 ACRE TRACT CONVEYED TO THE CITY OF DUBLIN
BY DEED OF RECORD IN INSTR. 200106050124309, ALSO BEING THE TRUE PLACE OF
BEGINNING FOR THIS PARTICULAR DESCRIPTION, ALL REFERENCES ARE TO THE
FRANKLIN COUNTY RECORDER'S OFFICE, FRANKLIN COUNTY, OH10;
r THENCE SOUTHERLY A DISTANCE OF APPROXIMATELY 60 FEET ALONG THE EASTERLY
LINE OF SAID 0.2940 ACRE TRACT TO THE CENTERLINE OF SAID ROAD, AN EXISTING CITY
OF DUBLIN CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 27-00 AS SHOWN
OF RECORD IN MISC. RECORD 200004270082022 AND THE NORTHERLY LINE OF A 3.307
ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INSTR.
200108090184340;
THENCE WESTERLY A DISTANCE OF APPROXIMATELY 769 FEET ALONG SAID
CENTERLINE, EXISTING CORPORATION LINE AND THE NORTHERLY LINE OF SAID 3.307
ACRE TRACT TO AN ANGLE POINT;
THENCE WESTERLY A DISTANCE OF APPROXIMATELY 582 FEET CONTINUING ALONG SAID
CENTERLINE, EXISTING CORPORATION LINE AND THE NORTHERLY LINE OF SAID 3.307
ACRE TRACT TO A POINT;
THENCE LEAVING SAID CENTERLINE NORTHERLY A DISTANCE OF APPROXIMATELY 60
FEET TO A NORTHWESTERLY CORNER OF A 1.1769 ACRE TRACT CONVEYED TO THE CITY
OF DUBLIN BY DEED OF RECORD IN INSTR. 200105080100963 IN THE NORTHERLY RIGHT OF
WAY LINE OF SAID ROAD;
THENCE EASTERLY A DISTANCE OF APPROXIMATELY 511 FEET ALONG THE NORTHERLY
RIGHT OF WAY OF SAID ROAD TO AN ANGLE;
THENCE NORTHEASTERLY A DISTANCE OF APPROXIMATELY 21 FEET ALONG THE
NORTHERLY LINE OF SAID 1.1769 ACRE TRACT TO THE WESTERLY RIGHT OF WAY LINE OF
E(TERMAN ROAD;
THENCE NORTHERLY A DISTANCE OF APPROXIMATELY 423 FEET ALONG THE WESTERLY
LINE OF SAID 1.1769 ACRE TRACT AND THE WESTERLY RIGHT OF WAY LINE OF SAID
ROAD TO THE SOUTHWESTERLY EXTENSION OF THE NORTHERLY LINE OF A 0.7022 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INSTR.
200106220140840;
THENCE NORTHEASTERLY A DISTANCE OF APPROXIMATELY 92 FEET CROSSING SAID
ROAD ALONG THE SOUTHWESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID
0.7022 ACRE TRACT TO A NORTHEASTERLY CORNER OF A SAID 0.7022 ACRE TRACT IN TtiE
EASTERLY RIGHT OF WAY LINE OF SAID ROAD;
THENCE SOUTHERLY A DISTANCE OF APPROXIMATELY 422 FEET ALONG THE EASTERLY
RIGtIT OF WAY OF SAID ROAD AND THE EASTERLY LINE 01= SAID 0.7022 ACRE TRACT TO
AN ANGLE;
THENCE SOUTHEASTERLY A DISTANCE OF APPROXIMATELY 50 FEET ALONG THE
EASTERLY LINE OF SAID 0.7022 ACRE T'KACT TO THE NORTHERLY RIGH"T OF WAY LINE OI'
SI-IIER-RINGS ROAD;
I
THENCE EASTERLY A DISTANCE OF APPROXIMATELY 700 FEET ALONG THE NORTHERLY
RIGHT OF WAY LINE OF SAID ROAD AND THE NORTHERLY LINE OF SAID 0.7022 ACRE
TRACT TO THE TRUE PLACE OF BEGINNING CONTAINING 2.801 ACRES MORE OR LESS;
THE ABOVE DESCRIPTION WAS PREPARED BY USING EXISTING RECORDS FOR THE
PURPOSE OF ANNEXATION.
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I~'" FRANKLIN COUNTY DEVELOPMENT DEPARTMENT
Y«.:«"'-`-',?}~`t?~+~."; 280 EAST BROAD STREET, ROOM 202 • COLUMBUS, OH[O 4321 $-6304
E 'K_.
Q (6 i 4) 462-:3094 • Fax (61 4) 462-7 i HB
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4>~ WEB ADDRESS: WWW.CO.FRANKLtN.OH.US/DEVELOPMENT
~ ~X:'+-- may`
c~0 t Q~ DANIEL J. N/CHT6R, DIRECTOR
A« iNINGS p~E
w
February 6, 2002
Anne Clarke, Clerk
6665 Coffman Road
Dublin, Ohio 43017
Dear Ms. Clarke:
Enclosed is the transcript of the proceedings on the petition of The City of Dublin for annexation
of 2.801± Acres in Washington Township to the City of Dublin, Ohio.
Please acknowledge receipt of the transcript on the enclosed letter and return said copy to:
Franklin County Development Department
280 East Broad Street -Room #202
Columbus, Ohio 43215
ATTN: Peg Halley
Sincerely,
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
enclosure D
h
P
MAR ~ 1 2002
C1I.RK OE GO~yNCIi
CITY OF DUBLIN
FRANKLIN COUNTY HOARL7 OF COMMISSlONE:RS
.4RLENE 5Ht~EMAKER DE'W.E"Y R. ST~K~S MARY .JO K/L..RC)Y
?41~8 ADDRE$Sl WWW,CU.F'RANKLIN.~~N.US:
GC~MMISS/ONERSj/NDPX. FI'Tk1
r~Q~ ~ 1~~ -off
PETITION FOR ANNEXATION ~c
TO THE CITY OF DUBLIN, OHIO,6.,~~
OF 2.801 ACRES OF LAND, MORE OR LESS
IN THE TOWNSHIP OF WASHINGTON, FRANKLIN COUNTY
TO THE BOARD OF COUNTY COMMISSIONERS
OF FRANKLIN COUNTY, OHIO
~a~
The undersigned, being a majority of the owners of real estate in the territory, hereby
petition for the annexation of the territory, described in Exhibit "A," to the City of Dublin,
Franklin County, Ohio, according to the statutes of the State of Ohio. The territory consists of
2.801 acres, more or less, and is adjacent and contiguous with the City of Dublin.
Attached to this Petition, in Exhibit "B," is an accurate plat map showing the boundaries
of the territory sought to be annexed.
There is ONE (1) OWNER OF REAL ESTATE, the City of Dublin, in the territory
sought to be annexed.
Stephen J. Smith, City of Dublin Law Director, Schottenstein, Zox & Dunn, 41 South
High Street, Suite 2600, Columbus, Ohio 43215, (614) 462-2249, is appointed agent for the
petitioner as required by R.C. 709.02, with full power to amend, increase or decrease the area, to
do any and all things essential thereto, and to take any action necessary for obtaining the granting
of this Petition, without expressed consent of the petitioner. The agent's authority includes, but
is not limited to, the authority to make any amendment and/or deletion in order to correct any
discrepancy or mistake noted by the Franklin County Engineer in his examination of this
Petition, description and plat. An amendment for that purpose shall be made by presentation of
an amended plat and description to the Board of County Commissioners on, before, or after the
date set for hearing of this Petition.
Dublin City Council enacted Ordinance No. 142-01 on November 19, 2001 authorizing
the Law Director to file this Petition to annex the territory. A certified copy of Ordinance No.
142-01 is attached hereto as Exhibit "C."
Petitioner's Name Address Date
City of Dublin, Ohio 5200 Emerald Parkway I 1 ® t
Dublin, Ohio 43017
Timothy C. Hansley, City Manager
}H0132632.2 }
iii
RECEIVE D
TESTA
NOV 2001
~~~e~~~t, t~ ~
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At10t1-------.•••
' ~
' ~ ~ EXHIBIT
PROPOSED ANNEXATION OF 2.801 ACRES
s
TO: THE CITY OF DUBLIN
FROM: WASHINGTON TOWNSHIP, FRANKLIN COUNTY, OH10
AUGUST 15, 2001
REVISED OCTOBER 1 1, 2001
w~+ SITUATE [N THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF WASHINGTON,
VIRGINIA MILITARY SURVEY 6748, 3452 AND 3453 AND BEING AN ANNEXATION OF
2.801ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
wrr
BEGINNING IN THE NORTHERLY RIGHT OF WAY LINE OF SHIER-RINGS ROAD AT THE
NORTHEASTERLY CORNER OF A 0.2940 ACRE TRACT CONVEYED TO THE C[TY OF DUBLIN
BY DEED OF RECORD IN INSTR. 200106050124309, ALSO BEING THE TRUE PLACE OF
BEGINNING FOR THIS PARTICULAR DESCRIPTION, ALL REFERENCES ARE TO THE
FRANKLIN COUNTY RECORDER'S OFFICE, FRANKLIN COUNTY, OH10;
r THENCE SOUTHERLY A DISTANCE OF APPROXIMATELY 60 FEET ALONG THE EASTERLY
LINE OF SAID 0.2940 ACRE TRACT TO THE CENTERLINE OF SAID ROAD, AN EXISTING CITY
OF DUBLIN CORPORATION LINE ESTABLISHED BY ORDINANCE NUMBER 27-00 AS SHOWN
OF RECORD IN MISC. RECORD 200004270082022 AND THE NORTHERLY LINE OF A 3.307
ACRE TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INSTR.
200108090184340;
THENCE WESTERLY A DISTANCE OF APPROXIMATELY 769 FEET ALONG SAID
CENTERLINE, EXISTING CORPORATION LINE AND THE NORTHERLY LINE OF SAID 3.307
ACRE TRACT TO AN ANGLE POINT;
THENCE WESTERLY A DISTANCE OF APPROXIMATELY 582 FEET CONTINUING ALONG SAID
CENTERLINE, EXISTING CORPORATION LINE AND THE NORTHERLY LINE OF SAID 3.307
ACRE TRACT TO A POINT;
THENCE LEAVING SAID CENTERLINE NORTHERLY A DISTANCE OF APPROXIMATELY 60
FEET TO A NORTHWESTERLY CORNER OF A 1.1769 ACRE TRACT CONVEYED TO THE CITY
r~ OF DUBLIN BY DEED OF RECORD IN INSTR. 200105080100963 IN THE NORTHERLY RIGHT OF
t
WAY LINE OF SAID ROAD;
irrr
THENCE EASTERLY A DISTANCE OF APPROXIMATELY 511 FEET ALONG THE NORTHERLY
RIGHT OF WAY OF SAID ROAD TO AN ANGLE;
THENCE NOR"THEASTERLY A DISTANCE OF APPROXIMATELY 21 FEET ALONG THE
NORTHERLY LINE OF SAID 1.1769 ACRE TRACT TO THE WESTERLY RIGHT OF WAY LINE OF
EITERMAN ROAD;
THENCE NORTHERLY A DISTANCE OF APPROXIMATELY 423 FEET ALONG THE WESTERLY
LINE OF SAID 1.1769 ACRE TRACT AND THE WESTERLY RIGHT OF WAY LINE OF SAID
ROAD TO THE SOUTHWESTERLY EXTENSION OF THE NORTHERLY LINE OF A 0.7022 ACRE
TRACT CONVEYED TO THE CITY OF DUBLIN BY DEED OF RECORD IN INSTR.
200106220140840;
THENCE NORTHEASTERLY A DISTANCE OF APPROXIMATELY 92 FEET CROSSING SAID
ROAD ALONG THE SOUTHWESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID
0.7022 ACRE TRACT TO A NORTHEASTERLY CORNER OF A SAID 0.7022 ACRE TRACT IN THE
EASTERLY RIGHT OF WAY LINE OF SAID ROAD;
THENCE SOUTHERLY A DISTANCE OF APPROXIMATELY 422 FEET ALONG THE EASTERLY
RIGHT OF WAY OF SAID ROAD AND THE EASTERLY LINE OF SAID 0.7022 ACRE TRACT TO
AN ANGLE;
THENCE SOUTHEASTERLY A DISTANCE OF APPROXIMATELY 50 FEET ALONG THE
EASTERLY LINE OF SAID 0.7022 ACRE TRACT TO THE NORTHERLY RIGHT OF WAY LINE OF
SHIER-RINGS ROAD;
r
THENCE EASTERLY A DISTANCE OF APPROXIMATELY 700 FEET ALONG THE NORTHERLY
RIGHT OF WAY LINE OF SAID ROAD AND THE NORTHERLY L[NE OF SAID 0.7022 ACRE
TRACT TO THE TRUE PLACE OF BEGINNING CONTAINING 2.801 ACRES MORE OR LESS;
THE ABOVE DESCRIPTION WAS PREPARED BY USING EXISTING RECORDS FOR THE
PURPOSE OF ANNEXATION.
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December 18, 2001
RESOLUTION NUMBER 14 3 6 - O 1
~
~ HEARING ON PETITION TO ANNEX
~ 2.801± ACRES IN WASHINGTON TOWNSHIP
TO THE CITY OF DUBLIN, OHIO '
BY THE CITY OF DUBLIN
FIXED FOR WEDNESDAY, JANUARY 2, 2002 AT 10:00 A.M.
~,a-~ CASE #ANX-106-01
WHEREAS, the Board of County Commissioners of Franklin County, Ohio, are
presented the petition for annexation of certain adjacent territory to the City of Dublin, Ohio,
filed by The City of Dublin, signed by Timothy C. Hansley, City Manager for the City of
Dublin, and appointing Stephen 7. Smith, City of Dublin Law Director, as agent for the said
territory being described as follows:
Situate in the State of Ohio, County of Franklin, Township of Washington, Vuginia
Military Survey 6748, 3452 and 3453 and being an annexation of 2.801 acres being more
particularly described as follows:
Beginning in the northerly right of way line of Shier-Rings Road at the northeasterly
corner of a 0.2940 acre tract conveyed to the City of Dublin by deed of record in Instr.
200106050124309, also being the true place of beginning for this particular description, all
references are to the Franklin County Recorder's Office, Franklin County, Ohio:
Thence southerly a distance of approximately 60 feet along the easterly line of said
0.2940 acre tract to the centerline of said road, an existing City of Dublin Corporation Line
established by Ordinance Number 27-00 as shown of record in Misc. Record
.r_ ° 200004270082022 and the northerly line of a 3.307 acre tract conveyed to the City of Dublin
by Deed of Record in Inst. 200108090184340;
Thence westerly a distance of approximately 769 feet along said centerline, existing
corporation line and the northerly line of said 3.307 acre tract to an angle point;
Thence westerly a distance of approximately 582 feet continuing along said centerline,
existing corporation line and the northerly line of said 3.307 acre tract to a point;
Thence leaving said centerline northerly a distance of approximately 60 feet to a
northwesterly corner of a 1.1769 acre tract conveyed to The City of Dublin by Deed of Record
in Instr. 200105080100963 in the northerly right of way line of said road;
Thence easterly a distance of approximately 511 feet along the northerly right of way of
said road to an angle;
Thence northeasterly a distance of approximately 21 feet along the northerly line of
said 1.1769 acre tract to the westerly right of way line of Eiterman Road;
Thence northerly a distance of approximately 423 feet along the westerly line of said
1.1769 acre tract and the westerly right of way line of said road to the southwesterly extension
of the northerly line of a 0.7022 acre tract conveyed to The City of Dublin by Deed of Record
in Instr. 200106220140840;
Thence northeasterly a distance of approximately 92 feet crossing said road along the
southwesterly extension of the northerly line of said 0.7022 acre tract to a northeasterly corner
of said 0.7022 acre tract in the easterly right of way line of said road;
Thence southerly a distance of approximately 422 feet along the easterly right of way
of said road and the easterly line of said 0.7022 acre tract to an angle;
i
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Thence southeasterly a distance of approximately 50 feet along the easterly line of said
0.7022 acre tract to the northerly right of way line of Shier-Rings Road;
Thence easterly a distance of approximately 700 feet along the northerly right of way
line of said road and the northerly line of said 0.7022 acre tract to the true place of beginning
containing 2.801 acres more or less. !
WHEREAS, together with a map of said territory accompanying said petition filed with
the Board of County Commissioners, Franklin County, Ohio, on November 28, 2001, be and
the same are hereby filed in the Office of the County Auditor;
WHEREAS, the Ohio Revised Code in Section 709.031 stipulates that the County
Commissioners can ask the County Engineer for a report on the accuracy of the map or plat;
now, therefore, upon the motion of Commissioner Kilroy seconded by
Commissioner Stokes ;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANKLIN
COUNTY, OHIO:
Section 1. That a hearing upon said petition shall be held in the County Commissioners'
Hearing Room, 26th Floor of the Franklin County, Courthouse at 10:00 A.M. on January 2,
2002; and
Section 2. That the Zonin Director to the Board of Coun Commissioners be and hereb is
$ ty Y
directed to notify the agent of the petitioners of the time and place of said hearing; and
r 1 t of The Ci of Dublin is hereb referred to the Coun
Section 3. That the map o p a ty y ty
Engineer of Franklin County, Ohio, for the checking of its accuracy of description.
Voting Aye thereon:
~
DEWEY TOKES, PRESIDENT
ARLENE SHOEMAKER
Y J RO
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
Voting Nay thereon:
~ ~ ' C RTIEI(TMATTI4E AB®VE IS A TRUE ANn
:.~.~T Ot= E?l~.~O1otlTiCrN 1~0. ,~L~
~EWEY R. STOKES, PRESIDENT
TAE F~rAavltl.lN COUNTY ROAI~U OF
ERK AR,~L,ENE SHOEMAKER
MARY JO KII,ROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
DJN:ph
c: Journal
Development Department
DEAN C. RINGLE, P E., rs.
FRANKLIN COUNTY ENGINEER
December 13, 2001
Honorable Board of County Commissioners
Franklin County Administration Building
373 South High Street, 26~' Floor
Columbus, Ohio 43215
Re: Annexation of 2.801 acres more or less in Washington Township to be
annexed to the City of Dublin, Ohio
Honorable Board:
The Franklin County Engineer's Tax Map Department has reviewed and processed
the Plat and Description filed by the City of Dublin, (Case No. 106-0 l for annexation of
said territory on Wednesday, January 16, 2002 at 10:00 a.m.
Situated in the State of Ohio, County of Franklin, Township of Washington, being
in Virginia Military Survey Nos. 6748, 3452 and 3453.
The said Plat and said Description are fundamentally accurate as per available
records.
The above territory or present taxing district is in Washington Township.
Respectfully submitted,
Dean C. Ringle, P.E., P.S.
Franklin County Engineer
~ ~
am J. itten, P.S.
Engineer's Map Room Supervisor
DCR:BJM:cmc
970 Dublin Road, Columbus, OH 43215 (614)-462-3030 Fax: (614)-462-3359
~ www.fceo.co.franklin.oh.us
~s
Annexation Report
Prepared on January 23, 2002
Case Number Annexation Case #106-01
Filing Date November 28, 2001
Hearing Date February 6, 2002
Description
.A.
Acreage 2.801 acres
Township(s) From Washington Township
Municipality To City of Dublin
Site Address Roadway (Right-of--way)
Location Located at the Northeast and Northwest corner of Eiterman
Road and Shier-Rings Road (Right-of--way only)
Current School District»»»»»»»> N/A
Post Annexation School District»»»> N/A
Petition Brought By City of Dublin
Agent Stephen J. Smith, City of Dublin Law Director
Statutory Requirements Yes No
Contiguity to Municipality ? North
Majority of Owners ? 1 of 1
Fixing Resolution & Date ? Resolution # 1436-O1 -December 18, 2001
Service Ordinance & Date ? N/A
Notice to Township Clerk(s) ? N/A
Notice to Municipal Clerk ? N/A
Notice to Newspaper ? N/A
(Note -Clerks to be notified within 7 days of
fixing resolution date)
Engineer Review Yes No
Plat checked: ? October 11, 2001
Right-of--way included: ? Northeast and Northwest corner of Eiterman
Road and Shier-Rings Road (Right-of--way
only)
Issues
• All technical requirements have been met. Ready for deliberation.
~
J HN .:J 1 . ~b~L 11d ~ ~~HI'1 `5 L 2k ll NU . 54ti F' .
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Janu&ry 31, 2002
'VIA FAC5IMYY.E (614-4b2..71551
Peggy I~alley
Annexation Clerk
Franklin County Development Department
280 East Broad Street, Room 202
Columbus, Ohio 43215-6304
Re: Petaition to Annex 2.801 acres (Petition No. I06-Ol)
Dear Ms. Halley,
As agent for the petitioner, the City of Dublin, I am officially teQuesting for the above-
referenced petition to be Set for the February b, 2002 County Commissioner's meeting.
Your office can contact me, or Corey Colombo at (614) 462-2232, if you have any questions
or wish to further discuss this ruatter. 't'hank you.
Very truly yours,
Stephen J. Smith
Agent for Petitioner
www.SZD.eom ~t~~ ~
Columbus
Cleveland
Cincinnati ~~~l
(H016]7991 ~
The hiuntm~on Ce~ReG 41 SaN~+ Hisl+ Strout, SuRC 2600, Columpus, ohro 9 ~2 ~ S•6 ~ 06 ,ypice 6 ~ ~{/p62-2704 , fax b 14(462.5135
~ r
r
Annexation Report
Prepared on December 27, 2001
Case Number Annexation Case #106-01
Filing Date November 28, 2001
Hearing Date January 2, 2002
Description
Acreage 2.801 acres
~ Township(s) From Washington Township
Municipality To City of Dublin
Site Address Roadway (Right-of--way)
Location Northeast and Northwest corner of Eiterman Road and
Shier-Rings Road (Right-of-way only)
Petition Brought By City of Dublin
Agent Stephen J. Smith, City of Dublin Law Director
Statutory Requirements Yes No
Contiguity to Municipality ? North
Majority of Owners ? 1 of 1
Fixing Resolution & Date ? Resolution # 1436-O1 -December 18, 2001
Service Ordinance & Date ? N/A
Notice to Township Clerk(s) ? N/A
Notice to Municipal Clerk ? N/A
Notice to Newspaper ? N/A
(Note -Clerks to be notified within 7 days of
fixing resolution date)
Engineer Review Yes No
Plat checked: ? October 11, 2001
Right-of-way included: ? Northeast and Northwest corner of Eiterman
Road and Shier-Rings Road (Right-of-way
only)
Issues
~ All technical requirements have been met. Ready for deliberation.
SCHOTTENSTEIN ZOX He DUNN
a leQol pro~essionol association
STEPHEN 7. SMITH ~0~~
614/462-2249
E-MAIL SSMITH~SZD.COM
January 29, 2002
VIA REGULAR MAIL
Commissioner Dewey R. Stokes
Commissioner Arlene Shoemaker
Commissioner Mary Jo Kilroy
Franklin County Board of Commissioners
373 South High Street, 26th Floor
Columbus, Ohio 43215
Re: Annexation Case No. 106-O1 (2.801 acres in Washington Township)
Dear Commissioner Dewey R. Stokes,
As you are aware, the above-referenced annexation petition was tabled from the January 2, 2002
meeting and rescheduled for the February 6, 2002 meeting. At the January 2nd meeting,
concerns were raised that this annexation would be used to trigger a "string" of other
annexations. Since that meeting, the City of Dublin ("Dublin") has compiled additional
documentation to illustrate that the annexation of the entire Shier-Rings Road and Eiterman
Road intersection (the "intersection"), as currently proposed, is needed for engineering and life-
safety purposes. Ultimately, "the general good of the territory sought to be annexed will be
served if the annexation petition is granted" as required by state law.
As noted above, I am providing you with additional documentation pertaining to the intersection,
which will supplement the annexation petition. First, I am forwarding to you two (2) maps that
were provided by the Dublin Engineering Department that show how Dublin intends to
restructure the intersection with curb and gutter inlets, curb ramps, catch basins, and other
improvements. These maps are labeled Exhibit "A" and Exhibit "B." Second, I am forwarding
to you a map that illustrates the Dublin corporate limits in relation to the Washington Township
boundaries. This map is labeled Exhibit "C." As you will notice, the intersection is virtually
a surrounded by the City of Dublin.
J I would also note that the unincorporated areas of Washington Township, shown in white on
www.SZD.com Exhibit "C", are within Dublin's "exclusive service and expansion area" pursuant to its Water and
Columbus Sewer contracts with the City of Columbus. As such, it is clear that Dublin would have no need
Cleveland to use the proposed annexation to trigger subsequent annexations.
Cincinnati
IHOI60211.51 I'S i"I~y`~~e
The Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 .Voice 614/462-2700 . fax 614/462-5 135
as+.
I thank you for your time and attention to this matter. This office looks forward to the February
6, 2002 meeting and the opportunity to provide additional information about the proposed
annexation. If you have any questions, please feel free to contact me.
Very truly yours,
~~~~V
Stephen J. Smith
Agent for the Petitioner
Law Director, City of Dublin
SJS/jcc
Enclosures
cc: Daniel J. Nichter, Director, Franklin County Development Department
Marsha Grigsby, Acting City Manager, City of Dublin
Mitchell H. Banchefsky, Assistant Law Director, City of Dublin
Tom Spring, Washington Township administrator
www.SZD.com
Columbus
C'ece!and
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s
yr~rN COUN~io FRANKLIN COUNTY PROSECUTING ATTORNEY
MEMORANDUM
To: Daniel J. Nichter, Director
From: Nick A. Soulas, J istant Prosecuting Attorney
Date: January 7, 2002
Re: Annexation of Municipally Owned Property Pursuant to Revised Code ~ 709.16
This memo is in response to your question regarding the process to be followed when
processing an annexation petition for municipally owned property pursuant to Revised Code
709.14-16. Specifically, you asked whether there is a requirement for the municipality to
provide notification, either by publication or by direct correspondence, to the affected township
prior to the consideration of the annexation, and also by what standard the County
Commissioners are to consider the granting or denial of the annexation ("general good of the
territory sought to be annexed"?).
Pursuant to R.C. 709.14-16, whenever a municipal corporation desires to annex
territory, where the only territory to be annexed is contiguous territory owned by the municipal
corporation, the provisions of R.C. 709.02 -12 do not apply. Rather, 709.14-16 detail the
steps necessary for the processing of such petitions.
The process begins with an ordinance from the legislative authority of the municipal
corporation authorizing the annexation to be made. Please note that this ordinance requires the
affirmative vote of the majority of members elected thereto, not merely a majority of the
members present at the meeting. R.C. § 709.14.
Next, a petition, containing an accurate description of the territory along with an accurate
map or plat must be filed with the Board of County Commissioners requesting the annexation.
R.C. § 709.15. Upon receipt of the petition for annexation filed by a municipal corporation, the
Board of County Commissioners must act within thirty-days (30) after the receipt of the petition,
unless the Board extends the time for filing for good cause. R.C. § 709.16(D). Lastly, pursuant
to R.C. § 709.16(B) if the only territory to be annexed is contiguous territory owned by the
municipal corporation, and such territory is located entirely within the same county as the
municipal corporation seeking annexation, the Board of County Commissioners shall approve
the annexation and make such adjustments of funds, unpaid taxes, claims, indebtedness and other
fiscal matters as the Board determines to be proper. Given the language of the aforementioned
provision, there is no requirement for the Commissioners to find that. the general good of the
territory sought to be annexed will be served if the annexation is granted. This is significant in
that there is no discretion on the part of the Board of County Commissioners to deny the
requested annexation; it must be granted.
CNIL DNISION • 373 SOUTH HIGH STREET • COLUMBUS, OHIO • 43215-6318
(614) 462-3520 • FAX (614) 462-6012 • TDD (614) 462-7698
Memo to Nichter
January 7, 2002
Page 2
As mentioned above, the provisions of R.C. § 709.02-12 do not apply to these annexation
proceedings. Therefore, the notice requirements contained in R.C. 709.031 (i. e. publication and
notice to township clerks) do not apply. The only condition precedent to the approval of an
annexation brought pursuant to R.C. § 709.16 is the receipt of a petition for annexation which
has been approved by a majority of the members elected to the legislative authority of the
municipal corporation. No notice of these proceedings is required at all.
I hope this memo answers your questions regarding the aforementioned proceedings. If
you should have any questions please do not hesitate to call me.
mr/nas/memo to Nichter- Annexation of Municipally owned pmp.
_ _
February 6, 2002
RESOLUTION NUMBER 17-02
RESOLUTION TO APPROVE THE
PETITION OF THE CITY OF DUBLIN
OF 2.801+ ACRES IN WASHINGTON
TOWNSHIP TO THE CITY OF DUBLIN, OHIO
CASE #ANX-106-0 l
WHEREAS, the Commissioners of Franklin County, State of Ohio, proceeded on the
6~` day of February, 2002 to hear the petition of The City of Dublin, filed November 28, 2001,
and having in open hearing heard all persons desiring to be heard for or against the granting of
the 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 hearing of this matter:
1. The Petition contains all of the matters required by Ohio Revised Code Section 709.02
including, without limitation: A. A full description and accurate map or plat of the
temtory to be annexed; B. A statement of the total number of owners of real estate in the
territory to be annexed; C. The name of the person to act as agent for the petitioner.
2. The territory sought to be annexed is adjacent and contiguous to the City of Dublin, Ohio.
3. The persons whose names are subscribed on the petition are owners of real estate in the
territory sought to be annexed, and as of the time the petition was filed, the number of
valid signatures on the petition constituted a majority of the owners of real estate in the
temtory proposed to be annexed.
4. The map or plat and the description of the territory contained in the petition are accurate.
5. The territory sought to be annexed is not unreasonably large.
6. The general good of the territory sought to be annexed will be served if the annexation
petition is granted and the annexation is allowed.
Therefore, upon the motion of Commissioner xilrog seconded by
Commissioner stokes
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FRANI~I,IN
COUNTY, OHIO:
That the prayer of the Petition be APPROVED, and the territory sought to be annexed
by the petition filed herein shall be annexed to the City of Dublin, Ohio, in accordance
with the law; that the orders and proceedings of this board relating to the Petition, and
map and description attached thereto, and all papers on file relating to this matter be
delivered forthwith to the Clerk of Council, City of Dublin, Ohio.
Voting Aye thereon:
ENE SHOE R, PRESIDENT
DE R. TOKES
a
MARY J OY
BOARD OF COUNTY CO SSIONERS
FRANI{I.IN COUNTY, OHIO
Voting Nay thereon:
ARLENE SHOEMAKER, PRESIDENT
DEWEY R. STOKES
MARY JO KILROY
BOARD OF COUNTY CONIlVIISSIONERS
FRANKLIN COUNTY, OHIO
DJN:jI
c: Journal
Development Department
A
February 6, 2002
II
i'~
TO THE CLERK OF THE
CITY OF DUBLIN, OHIO
,
We, the members of the Board of County Commissioners of Franklin County, Ohio,
pursuant to Ohio Revised Code Section 709.033, do hereby certify that the papers hereto
attached constitute the original papers and true transcript of all proceedings had by the Board
of County Commissioners of Franklin County, Ohio, in connection with the petition filed by
The City of Dublin, owning real estate within the territory sought to be annexed; praying for
the annexation of certain adjacent and contiguous territory in Washington Township to the
i
City of Dublin, Ohio, as described in said petition filed November 28, 2001.
Certifying these papers to be true:
ARLENE SH R, PRESIDENT
~ ~ DEWEY . S OKES
MARY 7 ROY
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, OHIO
~~~su? ~
Sharon Bice, Clerk
DJN:jI
c: Journal
Development Department
I R~'RE!~Y CERTIFY THAT THE ABO~lI: IS A TRUE AND
~ COPY OF RESOLIlTIO~! ~~0. ~--0
C • ~ ~YTI~~ ONANKLIN ~ uoaa'~~` ~;~iA~~ OF
~.:~:~:~p"~
~
CLERK _ -
......,..,<..,....,.~:.....~,~....k
19
1 annexed.
2 MS. SHOEMAKER: Thank you, Mr. Goldman.
3 MR. GOLDMAN: You're welcome.
4 MS. SHOEMAKER: Any other questi s?
5 MS. KILROY: Move for approv of
6 Annexation No. 89-01, Resolution No. 5-02.
.r..
7 MR. STOKES:- Second.
8 MS. SHOEMAKER: V ting.
9 Commissioner ilroy.
10 MS. KILR Aye.
11 MS. OEMAKER: Commissioner Stokes.
12 STOKES: Aye.
13 MS. SHOEMAKER: And I vote aye.
14 Resolution 15-02 has been adopted.
15 MR. GOLDMAN: Always a pleasure. Thank
you .
17 MS. SHOEMAKER: Annexation Case 106-O1, ~
18 the City of Dublin; Resolution No. 17-02; tabled
19 1-2-02.
20 Do I have hear a motion to take from the
21 table?
22 MS. KILROY: I move to take Annexation
23 No. 106-01, Resolution No. 1702 from the table.
24 MR. STOKES: Second.
ANDERSON REPORTING SERVICES INC., (614) 487-1778
20
1 MS. SHOEMAKER: Voting.
2 ~ Commissioner Kilroy.
3 MS. KILROY: Aye.
4 MS. SHOEMAKER: Commissioner Stokes.
5 MR. STOKES: Aye.
6 MS. SHOEMAKER: And I vote aye.
7 Resolution 17-02 is taken from the table.
8 MR. NICHTER: Commissioners, this
9 Proposed Annexation 106-01 was filed excuse me,
10 was filed November 28th, 2001; and we're hearing it
11 today, February 6th, 2002.
12 Assistant Prosecutor Nick Soulas wrote a
13 legal opinion on this case, as it was tabled last
14 month; and I presented that opinion to you a few
15 minutes before the meeting.
16 The approximate acreage is 2.801. It's
17 located in Washington Township, to be annexed to the .rr
18 City of Dublin.
19 This is all right-of-way as you can see
20 from the plat of Eiterman Road and Shier-Rings Road.
21 The petition is being brought to you
22 today by the City of Dublin; and the agent is
23 Stephen J. Smith, the City of Dublin law director.
24 The contiguity is to the north.
ANDERSON REPORTING SERVICES INC., (614) 487-1778
21
1 The plat was reviewed and approved by the
2 Franklin. County Engineer's Office on October 11th,
3 2001.
4 That is a plot plan of the proposed-to-be
5 annexed right-of-way at the corner of Eiterman and
6 Shier-Rings Road.
~ That is looking east down Shier-Rings
8 Road. And you can see in the distance there's a
9 church. This was vacant land right off of
10 Shier-Rings and Eiterman Road.
11 That is looking across the street,
12 standing at the corner of Eiterman and Shier-Rings
13 Road. As you can see, once, again, vacant vacant
14 land.
15 Off to the left, you can see some
16 subdivisions.
1~ That's looking west down Shier-Rings
18 Road. To the right there is vacant land. To the
19 left there are some residential homes through the
20 trees there.
21 And these are other shots. This is
22 looking up looking north up Eiterman Road into
23 Dublin.
24 There are no floodplain issues concerning
ANDERSON REPORTING SERVICES INC., (614} 487-1778
22
1 this proposed annexation.
!F~ 2 ~ And that's an ortho of the intersection
3 of Eiterman and Shier-Rings Road.
4 All technical requirements have been met,
5 and it is ready for your deliberation.
6 MS. SHOEMAKER: Is the agent or applicant
7 present?
S MR. BANCHEFSKY: Yes. Good morning,
9 Commissioners. My name is Mitch Banchefsky,
10 Schottenstein, Zox & Dunn, 41 South High Street,
11 representing Stephen J. Smith, who is the law
12 director for the City of Dublin with their office.
t
13 I thought, based on the hearing last
14 time, that I would bring a larger map. The area to
15 be annexed is the blue area. The yellow is all
16 exp.sting City of Dublin. The white area here is in ~1
17 Duk~lin's exclusive service area with its contract
18 with the City of Columbus.
19 The purpose of this annexation is to be
20 able to widen and improve this intersection, put in
21 appropriate turn lanes, curb inlets, and to enable
22 Dublin police to enforce traffic.
23 This Eiterman Road will become a major
24 access point to the Edwards' land golf course that
ANDERSON REPORTING SERVICES INC., (614) 487-1778
23
1 is being constructed named Baletrae, which is below
2 here. So this street will be serving significant
3 amounts of traffic and needs to be upgraded, and
4 that's the basis for this request.
5 With that, I'll be happy to answer any
6 questions.
7 MS. SHOEMAKER: The larger map certainly
8 does paint a different picture of it; and we have
9 gotten a read on municipally-owned property, and
10 that does make a difference on this.
11 MS. KILROY: Is there an ordinance with
12 an affirmative vote from the majority of the members
13 elected?
14 MR. BANCHEFSKY: From Dublin? Yes, there
15 is.
16 MS. KILROY: A majority of those elected?
17 MR. BANCHEFSKY: Yes.
18 MR. STOKES: And that was the majority
19 that was at the meeting, right? How many members
20 are there on council?
21 MR. BANCHEFSKY: Seven. It was at least
22 four that voted in favor.
23 MR. STOKES: Okay. That's the
24 requirement, because as I read the o ini n '
p o it s a
ANDERSON REPORTING SERVICES INC., (614) 487-1778
24
1 requirement it had to be a majority of the elected
.,...~r 2 officials. So if it"s four, and there's 7, whether
3 they were there or not is immaterial as long as
4 there was a majority of the seven.
5 MR. BANCHEFSKY: It should be attached to
6 the resolution.
7 MR. STOKES: That is correct in this
8 case?
9 MR. SOULAS: That's correct.
10 MR. BANCHEFSKY: I believe we attached
11 that to the petition. But to answer the question,
12 it's a majority of those elected that voted
13 affirmatively.
14 MR. NICHTER: It wasn't something that we
15 received in our office that was attached to the
16 petition. If you want to present that to us, that
;4
17 would probably be best. .W
18 MR. BANCHEFSKY: I will be glad to do
19 that. Bear with us one second. I think we have it
20 in our file.
21 Yes. I do have City of Dublin Ordinance
22 No. 142-O1. This is a certified copied passed the
23 19th of November, 2001. I'm looking for the minutes
24 to see how many votes we had.
ANDERSON REPORTING SERVICES INC., (614) 487-1778
25
1 Well, I can tell you it had to have at
2 least five votes because it was passed as an
3 emergency.
4 I would like to make this a part of the
5 record. Any other questions?
6 MS. KILROY: The territory to be annexed
7 is the territory that is owned by the City of
8 Dublin?
9 MR. BANCHEFSKY: Yes. Exclusively owned
10 by the City of Dublin.
11 MS. SHOEMAKER: Do I hear any questions?
12 MS. KILROY: Move for approval of
13 Annexation 106-01, Resolution No. 17-02.
14 MR. STOKES: Second.
15 MS. SHOEMAKER: Voting.
16 Commissioner Kilroy.
I7 MS. KILROY: Aye.
18 MS. SHOEMAKER: Commissioner Stokes.
19 MR. STOKES: Aye.
20 MS. SHOEMAKER: And I vote aye.
21 Resolution 17-02 has been adopted.
22 MR. BANCHEFSKY: Thank you,
23 Commissioners.
24 MS. SHOEMAKER: Thank ou.
Y
ANDERSON REPORTING SERVICES INC., (614) 487-1778
26
1 Annexation Case 105-01, Michael Senett
2 et al.;~Resolution No. 180-02.
3 MR. NICHTER: Commissioners, th'
4 Proposed Annexation Case 105-O1 was file
5 November 27th, 2001; and we're hearin it today,
6 February 6th, 2002.
•r~
7 It is approximately 5 967 acres located
8 in Jefferson Township to be a exed to the City of
9 Garianna .
10 Site specific ddress is 5099, 517T
11 Shagbark Road and the acant lot on Shagbark Road.
12 The location of T e property is located beyond
r~~,
13 the east side of milton Road, north and west of
14 U.S. Route 62, t south of Morse Road.
15 Th current school district is the
I6 Gahanna Jef erson Schools, and the post-annexation
17 school di trict is also Gahanna Jefferson School
18 Distric .
19 The petition is brought to you by Michael
20 Sen tt, et al. The agent is Harrison W. Smith, Jr.
21 The contiguity to the municipality is to
22 the north, south, and the west.
23 The Franklin County Engineer's Office
24 reviewed and approved the plat November 21, 2001.
ANDERSON REPORTING SERVICES INC., (614} 487-1778