Explanation
Background: The New Albany Company LLC, ("NACO"), a Delaware limited liability company, is owner of approximately 8.422 +/- acres of real property, located in the vicinity of Central College Road and New Albany Road West, which it desires to transfer and donate to the City of Columbus ("City"). The City desires to accept the NACO parcel as future water management and wetland restoration property. As a term of the City's acceptance of the park parcel, NACO and City desire to enter into an Agreement Regarding Real Estate Tax and Assessment Proration at the same time as the transfer of the park parcel in order to provide for the responsibility, liability and payment of all real estate taxes and assessments, which are or may later become retroactively applicable to the parcel. NACO agrees to be responsible for certain service payments pursuant to R.C. §5709.42 and/or revaluation of the parcel, for all previous years and including the entire 2010 tax year, up to and through December 31, 2010. The City shall only be responsible for any taxes applicable to the Premises/Park Parcel for the tax year 2011 and beyond. After investigation by the Department of Recreation and Parks, it is determined to be in the best interest of the City to accept the donated parcel. The following legislation authorizes the Director of the Department of Recreation and Parks to enter into an Agreement regarding real estate tax and assessment proration for the acceptance of the NACO property more fully described within the body of this ordinance.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as to allow for the immediate acceptance of the subject real property to be used as parkland for the immediately benefit of the City of Columbus.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary to enter in an Agreement Regarding Real Estate Tax and Assessment Proration by and between the City of Columbus and the New Albany Company LLC, a Delaware limited liability company; to accept 8.422 +/- acres of real property, located near Central College Road and New Albany Road West, as future water management and wetland restoration property; and to declare an emergency
Body
WHEREAS, The New Albany Company LLC, ("NACO"), a Delaware limited liability company, is owner of approximately 8.422 +/- acres of real property, located in the vicinity of Central College Road and New Albany Road West, which it desires to transfer and donate to the City; and
WHEREAS, the City desires to accept the NACO parcel as future water management and wetland restoration property; and
WHEREAS, as a term of the City's acceptance of the park parcel, NACO and City are to enter into an Agreement Regarding Real Estate Tax and Assessment Proration (The "Agreement") at the same time as the transfer of the park parcel in order to provide for the responsibility, liability and payment of all real estate taxes and assessments, which are or may later become retroactively applicable to the parcel; and
WHEREAS, NACO will also be responsible for certain service payments pursuant to R.C. §5709.42 and/or revaluation of the parcel, for all previous years and including the entire 2010 tax year, up to and through December 31, 2010; and
WHEREAS, the City shall only be responsible for any taxes applicable to the Premises/Park Parcel for the tax year 2011 and beyond; and
WHEREAS, after investigation by the Department of Recreation and Parks it is determined to be in the best interest of the City to accept the subject parcel; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to accept the donated real property, as fully described in the body of this legislation, and to authorize the Director of the Department of Recreation and Parks to execute an "Agreement Regarding Real Estate Tax and Assessment Proration" between the City and the NACO, as approved by the Department of Law, Real Estate Division, for the immediate preservation of the public health, peace, property and safety; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Recreation and Parks be, and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to enter into an Agreement Regarding Real Estate Tax and Assessment Proration, by and between the City and the New Albany Company LLC, a Delaware Limited Liability Company.
Section 2. That the City hereby accepts the following described 8.422 acre tract of land as described in Exhibit "A" attached hereto, split from Franklin County Tax Parcel No. 010-220116.
Section 3. 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 10 days after its passage if the Mayor neither approves nor vetoes the same.