Explanation
BACKGROUND: By Ordinance 0209-2014, the Director of the Department of Development was authorized to sell and transfer 12 parcels to Buckeye Community Forty Four, LP, a subsidiary of Buckeye Community Hope Foundation. The sites are a part of a proposed scattered site housing project around the former Kent Elementary School in Driving Park. The Developer made application for 2014 Low Income Housing Tax Credits, but did not receive approval. Now the Developer requests additional Land Bank properties to apply for 2015 Low Income Housing Tax Credits. This legislation authorizes the Director of the Department of Development to enter into an option agreement or sales contract to sell and transfer an additional 34 parcels for the project.
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 is requested to enable the City to immediately enter into the necessary agreements allowing the buyer to meet the application deadlines established by the Ohio Housing Finance Agency, which is required to complete the development of the lease-to-own project.
Title
To authorize the Director of the Department of Development to enter into an option agreement or agreements as needed to sell and transfer by quitclaim deed 34 parcels, located in the Driving Park area to Buckeye Community Forty Four, LP; and to declare an emergency.
Body
WHEREAS, by Ordinance 0209-2014, Council authorized the Director of the Department of Development to sell and transfer 12 parcels to Buckeye Community Forty Four, LP, a subsidiary of Buckeye Community Hope Foundation. The sites are a part of a proposed scattered site housing project around the former Kent Elementary School in Driving Park; and
WHEREAS, the Department of Development desires to sell and transfer an additional 34 parcels and allow the Developer to make application for 2015 Low Income Housing Tax Credits; and
WHEREAS, by Ordinance 1325-98, 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, or any other land acquired as part of the land reutilization program; and
WHEREAS, a proposal for the sale of the property which was acquired pursuant to Ohio Revised Code Section 5722.06 and 5722.03 meets the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved by the Land Redevelopment Office Administrator; and
WHEREAS, in conformity with Ohio Revised Code Section 5722.07, the property will be sold at not less than fair market value, defined as the appraised value of the nonproductive land made with reference to any redevelopment and reutilization restrictions as may be imposed by the electing subdivision as a condition of sale or as may otherwise be applicable to such; therefore, competitive bidding is not required; 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 the 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 enable the City to enter into the necessary agreements allowing the buyer to meet the application deadlines established by the Ohio Housing Finance Agency, which is required to complete the development of the lease-to-own project, 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 those documents on behalf of the City of Columbus, as approved by the Department of Law, Division of Real Estate, necessary to enter into a contract for the sale of the following described property, and to execute a quitclaim deed and any ancillary documents as may be necessary to transfer title thereto;
(1)
753 Lilley Ave. - Parcel # 010-041066
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Being Lot Number Eighty-One (81) of A.B. Coit's Subdivision of Lot Nos. 48-57, both inclusive of A.B. Coit's Kelton Avenue Addition to said City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 4, Page 372, Recorder's Office, Franklin County, Ohio.
(2)
1414 Kent St. - Parcel # 010-052385
Situated in the State of Ohio, County of Franklin, City of Columbus, and being twenty-eight (28) feet off the west side of lot number ninety-six (96) of Thomas Miller's Amended addition, as is numbered, delineated and recorded in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio and including any interest in a portion of right-of-way vacated by the City of Columbus, Ohio in Columbus City Vacation Ordinance Number 18-43.
(3)
1595 Mooberry St. - Parcel # 010-017072
Situated In the County of Frankin, In the State of Ohio and In the City of Columbus:
Being Lot Number Seventy-Nine (79) of Lnden Place Addition to the City of Columbus, as the same Is numbered end delineated upon the recorded plat thereof, of record In Plat Book Number 5, Page 125, Recorder's Office, Franklin County, Ohio.
(4)
839 Seymour Ave. - Parcel # 010-014032
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being Lot Number Eight (8), of M. K. ENGLISH'S SEYMOUR AVENUE SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 12, Page 14, Recorder's Office, Franklin County, Ohio.
(5)
850-852 Seymour Ave. - Parcel # 010-014007
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being Lot Number Forty-Eight (48) of M.K. English Seymour Avenue Subdivision to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(6)
799 Lilley Ave. - Parcel #010-016575
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being all of Lot Ninety-six (96), of A.B. Coits Subdivision of Lots No. 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, A.B. Coits Kelton Ave. as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 372, Recorder's Office, Franklin County, Ohio
(7)
771 Lilley Ave. - Parcel # 010-008181
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Eighty Five (85) of A.B. Coit's Subdivision of Lots 48-57, both inclusive, of
A.B. Coit's Kelton Avenue Addition to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 372, Recorder's Office, Franklin County, Ohio.
(8)
842-844 Seymour Ave. - Parcel # 010-014009
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Fifty (50) and 1.5 feet off of the South side of Lot Fifty-one (51) of M.K. ENGLISH'S SEYMOUR A VENUE ADDITION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(9)
865 Seymour Ave. - Parcel # 010-057978
Situated in the State of Ohio, County of Franklin and City of Columbus:
Being part of Lots Three (3), Four (4), Five (5), and Six (6) in M.K. English's Seymour Avenue Subdivision as numbered and delineated upon the recorded Plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio bounded and described as follows:
Beginning at a point in the West line of Seymour Avenue Fifty-Two (52) feet North of the Southeast corner of Lot Number Six (6) of said Addition; Thence Westerly parallel with the North line of Livingston Avenue, One Hundred Thirty-Five (135) feet to a point in Lot Number Three (3), said point being in the East line of an alley, Thence Northerly along the East line of said alley and parallel with the West line of Seymour Avenue Thirty-Two (32) feet to a point in the East line of said alley; Thence Easterly parallel with the North line of Livingston Avenue to a point in the West line of Seymour Avenue; Thence Southerly along the West line of Seymour Avenue, to the place of beginning.
(10)
695 Seymour Ave. - Parcel # 010-023849
Situated in the County of Franklin, in the State of Ohio, and in the City of Columbus and bounded and described as follows:
Situated in Franklin County and the State of Ohio, to wit: Located in the City of Columbus and further described as being Lot Number Eighteen (18) in Wilhemenia C. Holtzman's Subdivision, as the same is numbered and delineated upon the recorded plat thereof of record in Plat Book 7, Page 335, Recorder's Office, Franklin County, Ohio, the portion conveyed herein being fully described as follows: Beginning at the Northeast corner of Lot Number 18; thence along the North line of said lot 86.37' to an iron pin; thence in a Southerly direction to an iron pin the South line of said lot, said iron pin being 85.07' West of the Southeast corner of said Lot; thence Easterly and along the South line of said Lot, 85.07' to the Southeast corner of said Lot; thence Northerly along the East line of said lot 31 2/3' to the place of beginning.
(11)
1346 Livingston Ave. - Parcel # 010-045848
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being parts of Lots Numbered One Hundred Fifty-One (151) and One Hundred Fifty (150) of Thomas Millers Addition, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio, and being more particularly described as follows: Beginning at the Southeast corner of Lot 151, thence Westerly along the South line of 151 and 150, seventy-five (75) feet to a point; thence Northerly on a line parallel with the East and West lines of said Lots 150 and 151, 133.5 feet to a point; thence Easterly parallel to the South line of said Lots 151 and 150, 2 feet to a point; thence Southerly parallel to the East line of Lot 151, 40 feet to a point; thence Easterly and parallel to the South line of Lots 151 and 150, 73 feet to the East line of Lot 151; thence Southerly along the East line of Lot 151, 93.5 feet to the place of beginning, EXCEPTING THEREFROM forty (40) feet East and West, 93.5 feet North and South out of the Southeast corner of Lot 151.
(12)
775 Lilley Ave. - Parcel #010-006253
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Eighty-six (86) of A.B. COIT'S SUBDIVISIONS of Lots 48 to 57, both inclusive, of A.B. COIT'S KELTON A VENUE ADDITION to said City, as said Lot 86 is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 4, Page 372, Recorder's Office, Franklin County, Ohio.
(13)
857-859 Seymour Ave. - Parcel #010-056818
Situated in Franklin County and the State of Ohio, to wit: Located in the City of Columbus and further described as being parts of Lots Number Three (3), Four (4), Five (5), and Six (6), in M. K. English's Seymour Avenue Subdivision, as the same are numbered an delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio and more particularly described as follows:
Beginning at a point on the west line of Seymour Avenue Eighty-four (84) feet north of the southeast comer of Number Six (6); Thence West on a line parallel with the north line of Livingston Avenue, One Hundred and Thirty-five (135) feet to a point in Lot Number 3, said point being in the east line of an alley; thence Northerly parallel with the west line of Seymour Avenue Forty-one and Eighty Hundredths ( 41.80) feet to a point in the east line of said alley; thence East on a line parallel with the north line of Livingston Avenue to a point in the west line of Seymour Avenue, thence South along the west line of Seymour Avenue to the place of beginning.
(14)
1566 Newton St. - Parcel #010-014064
Situated in the State of Ohio, County of Franklin, City of Columbus and bounded and described as follows:
Being Lot Number Forty (40) of M.K. English's Seymour Avenue Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(15)
820-822 Seymour Ave. - Parcel #010-013975
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Fifty Five (55) of M.K. English Seymour Avenue Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(16)
719 Lilley Ave. - Parcel #010-021481
Situated in the County of Franklin, State of Ohio, and City of Columbus and bounded and described as follows:
Being Lot Number Sixty-Two (62), of A.B. Coit's Subdivision of Lots 48-57 of Kelton Addition to the City of Columbus, Ohio. Being a part of Lot Number Fifty-Three (53) of said Addition Thirty-Three (33) feet off the south side of said Lot Number Fifty-Three (53). Said Lot Number Sixty-Two (62) is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 372, Recorder's Office, Franklin County, Ohio.
(17)
752 Miller Ave. - Parcel #010-046653
Situated in the City of Columbus, County of Franklin, and in the State of Ohio and being more particularly described as follows:
Being twelve (12) feet off the South side of Lot Number One Hundred Twenty-Three (123) and sixteen (16) feet off of the North side of Lot Number One Hundred Twenty Four (124) of Thomas Miller's Amended Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio.
(18)
801-803 Kelton Ave. - Parcel #010-007545
Situated in the City of Columbus, County of Franklin, Stale of Ohio, described as follows:
Being part of Lots Number One Hundred Four (104) and One Hundred Five (105) in WILLIAM KENT'S SECOND AMENDED ADDITION, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, Rage 262, Recorder's Office, Franklin County, Ohio, and bounded and described as follows:
Beginning at a point in the west line of Kelton Avenue 12.42 feet south of the northwest corner of said Lot 305; running thence northwardly with the line of Kelton Avenue 33 feet; thence Westwardly parallel with the south line of said Lot 104 to the west line thereof; thence southwardly with the west line of said Lots 104 and 105, 33 feet; thence eastwardly on the line parallel with the south line of Lot 104 to the place of beginning.
(19)
1335 Mooberry St. - Parcel #010-010697
Situated in the County of Franklin, in the Slate of Ohio, and the City of Columbus and bounded and described as follows:
Being Lot No. Twenty-six (26) in GEORGE H. COLE'S SUBDIVISION in the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Pages 364-365, Recorder's Office, Franklin County, Ohio.
(20)
765 Lilley Ave. - Parcel #10-008180
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus:
Lot Number Eighty-Four (84) of A. B. Coit's Subdivision of Lots Numbers 48 to 57, both inclusive of A. B. Coit's Kelton Avenue Addition, to said City as the same is Numbered and Delineated Upon the recorded plat thereof, of record in Plat Book No. 4, Page 372, Recorder's Office, Franklin County, Ohio.
(21)
700 Miller Ave. - Parcel #010-049656
Situated in the State of Ohio, County of Franklin, City of Columbus, and being the west one-half (1/2) of thirty feet (30') off the south side of Lot Number Ninety-Five (95) of Thomas Miller's Amended Addition, as numbered, delineated, and recorded in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio.
(22)
760 Miller Ave. - Parcel #010-052183
Situated in the State of Ohio, County of Franklin, City of Columbus, and being four (4) feet off the south side of Lot Number One Hundred Twenty-Four (124) and twenty-seven and one-half feet (27.5') off the north side of Lot Number One Hundred Twenty-Five (125) of Thomas Miller's Amended Addition, as numbered, delineated and recorded in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio.
(23)
791-793 Seymour Ave. - Parcel #010-014041
Situated in the State of Ohio, County of Franklin, City of Columbus, and being Lot Number Seventeen (17) in M.K. English's Seymour Avenue Subdivision, as is numbered, delineated and recorded in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(24)
663 Miller Ave. - Parcel #010-032068
Situated in the City of Columbus, County of Franklin, and State of Ohio, to wit:
Being Lot Number Two (2) of William H. Fuller Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 37, Recorder's Office, Franklin County, Ohio.
(25)
1420 Kent St. - Parcel #010-035305
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being 14 feet off the East side of Lot Number Ninety-six (96) and 19 feet off the West side of Lot Number Ninety-seven (97) in THOMAS MILLER'S ADDITION, to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio.
(26)
787 S. Seymour Ave. - Parcel #010-014042
Being Lot No. Eighteen (18) of M. K. English's Seymour Avenue Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio, except easement of 1-1/2 feet off the north end thereof.
(27)
1631 Gault St. - Parcel #010-013987
Situated in the County of Franklin, in the State of Ohio and in the City of Columbus and bounded and described as follows:
Being Lot Number Eighty (80) of M.K. English's Seymour Avenue Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 12, Page 14, Recorder's Office, Franklin County, Ohio.
(28)
748 Seymour Ave. - Parcel #010-013983
Situated in the City of Columbus, County of Franklin, State of Ohio:
Being Lot Number Sixty-nine (69) of W.H. and M.K. English's Seymour Avenue Addition to the City of Columbus, Ohio, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, page 14, Recorder's Office, Franklin County Ohio.
(29)
695 Lilley Ave. - Parcel #010-056078
Situate in the City of Columbus, in the County of Franklin and State of Ohio Being Lot number fifty six (56) of A.B. Coit's Subdivision of Lots No. 48 to 57, of A.B. Coit's Kelton Avenue Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Pages 372 and 373, Recorder's Office, Franklin County, Ohio.
(30)
790-792 Kelton Ave. - Parcel #010-008182
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Eighty Nine (89) of A.B. Coit's Subdivision of Lots 48-57, both inclusive, of A.B. Coit's Subdivision, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, Page 372, Recorder's Office, Franklin County, Ohio.
(31)
1336 Kent St. - Parcel #010-008310
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Thirty Three (33) of George H. Cole's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 7, Page 364, Recorder's Office, Franklin County, Ohio.
(32)
1430 Kent St. - Parcel #010-036190
Situated in the State of Ohio, County of Franklin and in the City of Columbus, and being described as follows:
Being Lot Number Eighty Three (83), of William R. Kent's Second Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 262, Recorder's Office, Franklin County, Ohio, and also a strip of ten (I 0) feet in width abutting said Lot 83 on the West and running the full length of said Lot and being the East half of a vacated alley, also 2.5 feet of a vacated alley lying immediately North of said Lot. Together with any and all interest the Grantor(s) may have in that portion of right of way as vacated by the City of Columbus by Ord. 33371 and 18-43.
(33)
753-755 Seymour Ave. - Parcel #010-014049
Situated in the State of Ohio, County of Franklin, City of Columbus:
Being Lot Number Twenty-five (25) of M.K. ENGLISH'S SEYMOUR AVENUE SUBDIVISION, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 14, Recorder's Office, Franklin County, Ohio.
(34)
753 Miller Ave. - Parcel # 010-028605
Situated in the State of Ohio, County of Franklin, and in the City of Columbus, and more particularly described as follows:
Being part of Lot Number One Hundred Twenty (120) of Thomas Miller's Amended Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 2, Page 228, Recorder's Office, Franklin County, Ohio, said part being more particularly described as follows:
Beginning at a point in the East line of said Lot No. 120, and the West line of Miller Avenue, 14 feet North of the Southeast corner of said Lot; thence Westwardly in a line parallel with the South line of said Lot to the West line of said lot and 14 feet North of the Southwest corner thereof; thence Northwardly along the West line of said Lot, 33 feet to a point; thence Eastwardly in a line parallel with the South line of said Lot to the East line of said Lot; thence Southerly along the East line of said Lot, 33 feet to the place of beginning, and being a Lot 33 feet front on the West side of Miller Avenue and extending back Westwardly to the alley in the rear.
SECTION 2. For the property stated in Section 1, that the Director of Development is hereby authorized to execute any agreement, deed restriction, or mortgage to ensure compliance with Land Bank Program rules and the submitted application and to release such restriction or mortgage upon compliance.
SECTION 3. For good cause shown, the provisions of City Code Chapter 329 relating to the sale of city-owned realty are hereby waived.
SECTION 4. 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 5. 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.