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File #: 1103-2010    Version: 1
Type: Ordinance Status: Passed
File created: 7/6/2010 In control: Development Committee
On agenda: 7/19/2010 Final action: 7/21/2010
Title: To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of one vacant parcel of real property (1189 E. Rich St.) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.
Explanation
 
BACKGROUND:      One property currently held in the Land Bank has been approved for disposition. In order to complete the transfer, authorization is needed for the Director of the Department of Development to execute any and all agreements and deeds for conveyance of such real property. One vacant undeveloped parcel, 1189 E. Rich St. (010-024836), will be sold to Pat Hodnett, the owner of the adjacent parcel to expand her side yard. The property will be transferred by deed and recorded in the Official Records of the County Recorder's Office.
 
FISCAL IMPACT: No funding is required for this legislation. The City may first recover reimbursement of any and all expenses incurred on account of the acquisition, administration, management, maintenance and disposition of such land and such other expenses of the program as the City may apportion to such land from the sale proceeds.
 
EMERGENCY JUSTIFICATION: Emergency action of this property is requested in order to expedite the transfer to the homeowner who wishes to construct a perimeter fence for security purposes.  
 
 
Title
 
To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of one vacant parcel of real property (1189 E. Rich St.) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.
 
 
Body
 
WHEREAS, by Ordinance 2161-93 Council adopted and elected to use the Revised Code Chapter 5722, Land Reutilization Program, to facilitate effective reutilization of nonproductive land acquired through a sale pursuant to a foreclosure proceeding initiated by the Franklin County Treasurer, or through a sale of forfeited lands by the Franklin County Auditor or through a conveyance in lieu of foreclosure to foster either return of such land to tax revenue generating status or its devotion to public use; and
 
WHEREAS, a proposal for the sale of one parcel which has been acquired pursuant to Section 5722.04 for this program meet the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved; and
 
WHEREAS, such parcel of real estate is being sold at not less than fair market value in conformity with Ohio Revised Code Section 5722.07, competitive bidding is not required; and
 
WHEREAS, under 5722.07 "fair market value" means the appraised value of the nonproductive land made with reference to such redevelopment and reutilization restrictions as may be imposed by the electing subdivision as a condition of sale or as may be otherwise applicable to such land; and
 
WHEREAS, in order to complete the transfer of such property to the purchaser, authority is needed for the Director of the Department of Development to execute any and all necessary agreements and deeds of conveyance for such real property; and  
 
WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Land Redevelopment Office in that it is immediately necessary to convey title of said parcel of real estate in order to expedite the transfer to the homeowner who wishes to construct a perimeter fence for security purposes, all for the immediate preservation of the public health, peace, property, safety and welfare; and now therefore,
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1. That the Director of the Department of Development is hereby authorized to execute any and all necessary agreements and deeds to convey title of the following parcel of real estate:
 
 
Situated in the County of Franklin, State of Ohio and bounded and described as follows:
 
Beginning at a stake in the south line of Rich Street at the northeast corner of that part of Samuel Hamkin's Addition which is marked on said recorded plat thereof as Samuel Hankins' Reserve, 1.48 acres;" said stake being also at the northwest corner of lot Number 22 of R.R. Stewart's Addition as the same is shown of record in Plat Book 2, page 275, Recorder's Office, Franklin County, Ohio; thence South with the east line of said Reserve and the west line of said Lot Number 22 to a stake at the southwest corner of said Lot Number 22, thence north 74 deg. 28' West 37.35 feet to a point in the east line of a strip of land six inches wide, which strip was conveyed by  Dewitt Jones to Mary C. Hall by deed shown of record in Dee Book 542, page 207, Recorder's Office, Franklin County, Ohio, thence North with the east line of said six inch strip 120 feet to a stake in the south line of Rich Street; thence North 89 deg.00" east with the south line of Rich Street 36 feet to the place of beginning, subject , however, to conditions set fourth [sic] in deeds shown of  record in Deed Book 414, page 447, and Deed Book 542, page 207, Recorder's Office, Franklin County, Ohio.
 
PARCEL NUMBER:       010-024836      
ADDRESS:                           1189 E. Rich St.
PRICE:                           $3,000 plus recording fee of $38.00                                                     
USE:                           Adjacent Side Yard Lot                                
 
      
Section 2.  That for good cause shown, Section 329.29 of the Columbus City Codes, 1959, is hereby waived.
 
Section 3.  That Council hereby finds that the selection process utilized in this matter is in accordance with the Land Bank Disposition Process created pursuant to the City's Land Reutilization Program and hereby approves the same.
 
Section 4.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval  by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.