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CERTIFICATION

I, Karen J. Mitchell, being the duly appointed City Clerk of the City of Powell,Delaware County, Ohio, do hereby certify that the attached is a true, completeand correct copy of Resolution 2019-03, titled, "A RESOLUTION SPECIFYING THEMUNICIPAL SERVICES TO BE FURNISHED TO 11.555 +/- ACRES, MORE ORLESS, LOCATED AT THE CORNER OF HOME & STEITZ ROADS, WHICH ISPENDING ANNEXATION TO THE CITY OF POWELL" and adopted on March 19,2019 by Powell City Council.

Karen J. MitchCitj Clerk /

Date

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In accordance with the Powell City CharterResolution 2019-03 will be posted at the Village Green Municipal Building,

47 Hall Street, Powell, OhioFrom March 20, 2019 through April 10, 2019

And on the City website at www.citvofpowell.us

City of Powell 47 Hall Street Powell, Ohio 43065-8357 (614) 885-5380 fax (614) 885-5339www.ci.powell.oh.us

City of Powell, OhioRESOLUTION 2019-03

Adopted March 19, 2019

A RESOLUTION SPECIFYING THE MUNICIPAL SERVICES TO BE FURNISHED TO 11.555 +/- ACRES,

MORE OR LESS, LOCATED AT THE CORNER OF HOME & STEITZ ROADS, WHICH IS PENDINGANNEXATION TO THE CITY OF POWELL.

WHEREAS, Jackson B. Reynolds, 111, agent for the petitioner, has presented a certainpetition to the Delaware County Commissioners seeking annexation of 11.555 +/- acres, more or less,located at the northwest corner of Steitz and Home Roads to the City of Powell on March 13, 2019;and

WHEREAS, Section 709.023(C) requires the legislative authority of the municipalcorporation to which annexation is proposed to adopt a Resolution stating what services themunicipal corporation will provide, and an approximate date by which it will provide them, to theterritory proposed for annexation, upon annexation, which legislation must be adopted within twentydays after the date that the petition is tiled;

NOW THEREFORE BE IT RESOLVED BY THE CITY OF POWELL, DELAWARE COUNTY, OHIO AS

FOLLOWS:

Section 1: Upon annexation of the subject premises to the City of Powell, which date isestimated to be on or about August 9, 2019, the City will furnish at a minimum the following Cityservices, and said sen/ices shall be provided under the same conditions and same costs as they areprovided to other residents in the City of Powell:

A. Twenty-Four (24) Hour Police protection.

B. Comprehensive Planning and Zoning supervision.

C. Certified comprehensive building plan review and inspection tor residential andcommercial properties.

D. Street maintenance and repair.

E. Storm drainage maintenance. The City of Powell has enacted more stringentstormwater regulations than those in effect in Delaware County.

F. Engineering plan review and inspections.

G. Parks and Recreation Programming.

Section 2: The 11.555 +/- acre annexation territory was subject to Liberty Townshipzoning regulations adopted under Chapter 519 of the Ohio Revised Code at the time theannexation petition was tiled. It the territory is annexed and becomes subject to Powell zoningand the City zoning permits uses in the annexed territory that the City determines are clearlyincompatible with the uses permitted under applicable Township zoning regulations in effect atthe time of the tiling of the petition on the land adjacent to the annexation territory remainingwithin Liberty Township, then the Powell City Council will require, in the zoning ordinancepermitting the incompatible uses, the owner of the annexed territory to provide a bufferseparating the use of the annexed territory and the adjacent land remaining within LibertyTownship. The landscape "buffer" may include open space, landscaping mounding, fences,walls, and other structured elements; streets and street rights of way or bicycle and pedestrianpaths and sidewalks.

Section 3: That it is hereby found and determined that all formal actions of this Councilconcerning and relating to passage of this Resolution were adopted in an open meeting of theCouncil and that all deliberations of this Council and any of the decision making bodies of the

City of Powell which resuited in such formal actions were in meetings so open to the public incompliance with ail legal requirements of the City of Powell, Delaware County, Ohio.

Section 4: That this Resolution shall take effect at the earliest possible date permitted by

VOTE ON ORDINANCE 2019-03:

Jon C. Bennehoof

MayorDote Korenx Mitche

City Clerk /

N 0 i TisieuJCo

EFFECTIVE DATE: March 19, 2019

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This legislation has been posted In pccordonce withon this date

. City Clerk

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City CouncilJon C. Bennehoof, Mayor

Frank Bertone Tom Counts Brian Lorenz Brendan Newcomb Melissa Riggins Daniel Swartwout

NOTICE OF FILING OF ANNEXATION PETITION

CITY OF POWELL

Resolution 2019-03

Exhibit A

TO: Karen Mitchell, City Council ClerkCity of Powell47 Hall Road

Powell, OH 43065

In accordance with the provisions of Section 709.03 of the Ohio Revised Code, you are

hereby notified that, on the 13"' day of March, 2019, the undersigned, as Agent for the

Petitioners, filed an Annexation Petition in the office of the Board of County Commissioners of

Delaware County, Ohio.

Said Petition prays for annexation to the City of Powell, Ohio, of 11.555 acres, more or

less, in Liberty Township.

A copy of said Petition, with description and plat, is attached hereto and made a part

hereof.

Dated:

Ja^son B. Reynolds^IAgent for Petitionersr

RECEIPT OF THE AFOREMENTIONED DOCUMENT(S) IS HEREBY ACKNOWLEDGEDTHIS 13 day of VYVXaj/U 20_L9 •

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xA-julCLERR^S OFHCI

EXPEDITED TYPE II PETITION FOR ANNEXATION (SECTION 709.023)TO THE CITY OF POWELL

OF 11.555 ACRES MORE OR LESSIN THE TOWNSHIP OF LIBERTY

TO THE BOARD OF COUNTY COMMISSIONERSOF DELAWARE COUNTY. OHIO:

The undersigned, petitioners in the premises, and being ALL OF THE OWNERS OFREAL ESTATE in the territory hereinafter described, consisting of 11.555 acres with a totalperimeter boundary of 3,214.17, more or less, in the Township of Liberty which area iscontiguous along 715.53 or 22% and adjacent to the City of Powell, do hereby pray that saidterritory be annexed to the City of Powell according to the statutes of the State of Ohio and thatno island of unincorporated area will be created by this annexation.

A full and accurate description and a plat of said territoiy so prayed to be annexed areattached hereto and made part hereof.

In support of said Petition, your petitioners state that there is/are within the territoiy soprayed to be annexed two (2) 0W1^R(S) OF REAL ESTATE.

Jackson B. Reynolds, III, whose address is 37 West Broad Street, Suite 460, Columbus,Ohio 43215, is hereby appointed Agent for the undersigned Petitioner(s), as required by Section709.02 of the Revised Code of Ohio. Said agent is hereby authorized to make any amendmentand/or deletion which in his absolute and complete discretion is necessary or proper under thecircumstances then existing, and in particular to make such amendment in order to correct anydiscrepancy or mistake noted by the Delaware County Engineer in his examination of thePetition and Plat. Said amendment shall be made by the presentation of an amended plat anddescription to the Board of County Commissioners on, before, or after the date set for hearing onthis Petition.

WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TOAPPEAL IN LAW OR EQUITY FROM THE BOARD OF COUNTY COMMISSIONERS-ENTRY OF ANY RESOLUTION PERTAINING TO THE SPECIAL ANNEXATIONPROCEDURE SET FORTH IN SECTION 709.023, ALTHOUGH A WRIT OF MANDAMUSMAY BE SOUGHT TO COMPEL THE BOARD TO PERFORM ITS DUTIES REQUIREDBY LAW FOR SAID SPECIAL ANNEXATION PROCEDURE.

NAME DATE ADDRESS

Z U1 a). LiUr-fy OH HleC-<DeveloDmentLLC

Hp«epower Farms LLC

Page 1 of 1

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December 1,2018

Gity of Powell47 Hall StreetPoweU, OH 43065Attaition: Steve Lutz

Dear Mr. Lutz:

Please apcgjt^ letter as confirmation of our appointment of John C. Wicks, member ofHome Steitz LLQ, as our Agent relating to all matters concerning the current and^exatiQi^Zo^g, md Development PIm applications of our property known as ParcelNumber 319-230-01-003-000. I hereby give Mr. Wicks the authority to sign relevantzoning npplpations, annexation applications, forms and other documents on our behalfas r^uired by the City of Powell or Delaware County, for the current annexation andzonmg applications.

Sincerely,

Kim E. Kelsik

Authorized MemberTLK Development LLC

State.f County of P/M/^

Subscribed and sworn to (or affinned) before me

this day of , 20

By

Personally kno wn OR produced identification

type of identifi^tion produced ^

I Name Here, Notary Public

My Commission Expires

NOTARY PUBUCSTATE OF ARIZONA

Pbna CountyJANNA SHEPHERD

My Commission Btplrss April 28,2022

1

MINUTES OF ACTIONSTAKEN IN WRITING AND WITHOUT A MEETING

BY TBDE SOLE MEMBER OFHORSE POWER FARMS, LLC

The^derSi^^d, being the sole Member of Horse Power Farms, LLC, an Ohio limitRH liability

STSvSf ^foUoWing actions in writing and Without a meeting effectivethe 18 day of February, 2019. pursuant to Chapter 1705 ofthe Ohio Revised Code:

Conqrany owns tixat certain real property located in the State ofOhm, County of Delaware, and Township of Liberty, consisting of 0.549 acres, more orl«s, bemg Ddawaie County tax parcel number 319-230-001-002, and located on HomeRoad m said Township ("ROW Parcel"); and

Company has entered into a certain Annexation and

^ Agreement") under which it is contemplated

take Coinpany be and it hereby is, authorized and directed to.me such actioM as are reasonably required to cause the Annexation to the extentrequired mder the terms of the Annexation Agreement; and

^ Howard R. Vance, as the sole Member of the2S?to authorized and directed to execute such documentsmating to the Annexation as may be required under flie terms of the AnnexationAgreement and/or by the City of PoweU, Ohb; and Annexation

^^0°^ taken Howard R. Vance

hlX aS Agreement and/or the Annexation be, and theynereby are, ratified and adopted as if first set forth herein.

MEMBER:

Howatfl R. Vance

David R Pearl6982 Steitz RoadPowell, OH 43065319'^240-.0r>-039-.000319-240-01-040-000

Jack A Price

Eula Gay7294 Steitz Road

Powell, OH 43065319-230-01-001-000

Jeanne & Brad Gonrad7344 Steitz RoadPowell, OH 43065319-230-01-002-000

Jonathan A & Stacey A Petz4320 Home Road

Powell, OH 43065319-230-01-004-000

Scioto Reserve Master Association Inc.3775 Attacks DrivePowell, OH 43065

319-220-27-001-000

Trade A Jenkins

4319 Home Road

Powell, OH 43065319-230-02-001-001

Golf Village Property Owner3755 Attucks Drive

Powell, OH 43065319-240-10-006-000

Horsepower Farms LLC4301 Home Road

Powell, OH 43065

319-230-02-001-000

rpddrSteitzhoine-anx.lbl (net)3/4/19 S:Docs/s&hlabels/2019

Annexation Description11,555 Acres

North side of Home Road (C.R. 124)West side of Steitz Road (C.R. 125)

-1-

Situated in the State of Ohio, County of Delaware, Township of Liberty, Farm Lots 15 and 16,Quarter 2, Township 3, Range 19, being a 11.555 acre tract, said 11.555 acre tract being part ofParcel No. 2 as conveyed to TLK Development, LLC of record in Official Record 666, Page 19?and part of a 10.006 acre tract conveyed to Horsepower Faims, LLC of record in Official Record1618, Page 732 and more particularly described as follows:

Beginning at a northeasterly corner of said Parcel No. 2, being the northwesterly corner of a tractof land conveyed to Jack A Price and Eula Gay Price of record in Official Record 243, Page 481,being in the northerly line of Farm Lot 16 and the southerly line of Farm Lot 30;

Thence S 03® 26' 31" W, along an easterly line of said Parcel No. 2, 160.00 feet to anortheasterly comer thereof;

Thence S 87® 01' 02" E, along a northerly line of said Parcel No. 2, 109.50 feet to anortheasterly corner thereof;

Theiice S 03® 22' 58" W, along an easterly line of said Parcel No. 2, 150.05 feet to anortheasterly comer thereof;

Thence S 87® 00' 57" E, along a northerly line of said Parcel No. 2, 245.30 feet to a point, saidpoint being in the westerly right-of-way line of Steitz Road as shown on (Del. C.R. 124-2.77)state Right-of-Way plans;

Thence across said Parcel No. 2 and along said westerly right-of-way line, the following four (4)courses;

S 03® 27' 51" W, 81.77 feet;

S 07® 16'41" W, 150.34 feet;

S03®27' 51" W, 199.99 feet;

S 27® 31' 34" W, 60.83 feet to a point in the northerly right-of-way line of said HomeRoad as shown on (Del. C.R. 124-2.77);

Thence S 03® 04' 35" W, across said Parcel No. 2, across said 10.006 acre tract and across saidHome Road, 75.00 feet to a City of Powell Annexation Line (O.R. 826, Pg. 1463, Ord. No.2007-58)

Thence N 86® 55' 25" W, across said 10.006 acre tract, with the northerly line of said City ofPowell Annexation line, 715.53 feet to a point in the westerly line of said 10.006 acre tract;

Thence N 04® 02' 05" E, along the westerly line of said 10.006 acre tract, 30.00 feet to anorthwesterly corner thereof, to the centerline of said Home Road and a common line of saidFarm Lot 14 and said Farm Lot 15;

Thence S 86® 55' 25" E, along the center line of said Home Road and the common line of saidFarm Lot 14 and said Farm Lot 15,59.27 feet to a point;

Thence N 03® 26' 18" E, across said 10.006 acre tract, across said Home Road and along thewesterly line of said Parcel No. 2, 841.02 feet to a northwesterly corner thereof, being in thenortherly line of said Farm Lot 16 and the southerly line of Farm Lot 30;

Annexation Description11.555 Acres

North side of Home Road (C.R, 124)West side of Steitz Road (C.R. 125)

-2-

Thenee S 87® 00' 57" E, along a northerly line of said Parcel No. 2 and along the common lineof said: Farm Lot 16 and Farm Lot 30, 335.57 feet to the True Point of Beginning, andcontaining 11.555 acres, more or less.

Snbject, however, to all legal highways, easements, and restrictions. The above description wasprepared by Advanced Civil Design, Inc. on February 20, 2019 and is based on existing recordsfrom the Delaware County Auditor's and Recorder's Office. A drawing of the above descriptionis attached hereto and made a part thereof.

This description is to be used for annexation purposes only and not to be used in the transfer ofland.

The total length of the annexation perimeter is 3214.17 feet, of which 715.53 feet are contiguouswith existing City of Powell Corporation lines, being 22% contiguous.

This annexation does not create any islands of township property.

All references used in this description can be found at the Recorder's Office, Delaware County,Ohio.

advanced CIVIL DESIGN, INC.

L- I IfIa 7-Douglas R. Hoclc, P.S. 7661 Date:

Z:\l7-OOO5-OT0\survey\I 1 ..555 ac annexation de.sc (rev 04-23-18).doc

County EngineerDelaware County, Ohio

I hereby certify the witliin to be a true copy ofthe document that is on file in the Map

Department.

CHRIS E. BAUSERMAN, P.E., P.S.

7 xrdougushockI

S-7661 j

County Engineer

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Mop of Territory to beAnnexed to the City of Powell

11.555 ACRE ANNEXATIONTO THE CITY OF POWELLFROM TOWNSHIP OFUBERTY EXPEDITEDTYPE II ANNEXATIONUNDER ORC §709,021

AND §709.023Township of Liberty, Delaware County, Ohio

Farm Lots 15 & 16, Section 2,Township 3, Range 19,

United States Military District

LEGMND

Area to be Annexed

Existing Corp Line

Proposed Corp Line

GRAPHIC SCALE

7S 150

1 inch 150 feet

Location Map - NTS

Harvest PointP.C. 4, SI. 44

_ Lot 5557APN: 31922027001000

O.R. 436, Pg. 481APN; 31923001001000

Form Lot 26

Farm Lot 7

Form Lot 30

Form Lot 16S87W5rE

a2-P109.80 Jeonne

Form Lot 16Farm Lot 15

31923001002000

peveiopment,

319230010p30^ 555 Ac

Form LotjlSForm Lot 114

Ord. No. 2007-589.575 Ac.

Notes;

1.) The number of owners In the territory sought to be onnexed Is two.2.) TLK Development LLC, C/O Kim E. Kelslk Is located at 5751 Kolb Rood, Tucson, Arizona, 85750and Horsepower Forms, LLC is located ot 4301 Home Rood, Powell, Ohio 43065 ore the petitionersfor sold proposed annexation.3.) No Islands of unincorporated areas are created by this annexation as defined In ORC709.023(E)(5).4.) 715.53' of lineal feet of Home Road (C.R. 124) will be annexed Into the City of Powell.

Bearings are based on the Ohio State Plane Coordinate System, North Zone, NAD83 (NSRS2007).Said bearings were derived from GPS observation and determine o portion of the existing centerllne ofHome Road as hoving a bearing of N86*55*25"W.

This drawing Is based on the existing records from the Delaware County Auditor's office and DelawareCounty Recorder's office and an actual field survey by Advanced Civil Design, Inc. In April of 2018. Aboundary survey for this property has been approved and Is on file In the Delaware County MapDepartment's office. \^V'rMr'

Length of Contiguity. 715.53 feetLength of ContiguityTotal Length of Perimeter; 3214.17 feetPercentage ofAContlgulty ; 22%

Horsepower Forms. UCO.R. 1618, Pg. 732

ADM IO'OOSaIAPN; 31923002001000

DELAWARE COUNTY ENGINEERMap Department

I hereby certify the within to be a truecopy of the original on file In the Map Department

Chris E. Bauserman, P.E., P,S-/County Engineer

V[ IDouglas R. Hock, P.S. 7S6|Advanced Civil Design, Inc422 Beecher RoadGohanna, OH 43230Phone 614-428-7750 Job No.: 17-0005-579 Date; 04/23/2018

KeV. U2/2U/2Uia

DOUGLAS HOCK

S-7661 /q: ;O ̂