Explanation
BACKGROUND: By Ordinances 0209-2014 and 0222-2015, the Director of the Department of Development was authorized to sell and transfer parcels to Buckeye Community Forty Four, LP, a subsidiary of Buckeye Community Hope Foundation. The sites are a part of the Kent Place Homes Project, a project around the former Kent Elementary School in Driving Park to construct 50 new single family houses. The Project was selected to receive 2015 Low Income Housing Tax Credits and will start construction as soon as this fall.
As a part of the development, the Director of the Department of Development seeks authorization to transfer parcels adjacent to the Eddie Rickenbacker House located at 1334 East Livingston Avenue to the Rickenbacker-Woods Technology Museum and Historic Park (RWTMHP). The parcels will be owned by RWTMHP and leased to Buckeye Community Forty Four, LP, who will renovate the existing house at 1324 E. Livingston and garage behind 1334 E. Livingston into a leasing office and community center. The parcels will be transferred to RWTMHP for one dollar.
Authorization is also sought to enter into an agreement with RWTMHP for the use of the Eddie Rickenbacker house at 1334 E. Livingston Ave. The house, a National Historic Landmark, will be held in City ownership, but site management and building improvements will be managed by RWTMHP.
FISCAL IMPACT: No funding is required for this legislation.
EMERGENCY JUSTIFICATION: Emergency action is requested to enable the City to immediately enter into the necessary agreements allowing the buyer to meet closing deadlines for the project.
Title
To authorize the Director of the Department of Development to sell and transfer by quitclaim deed 2 parcels, located on Livingston Avenue to Rickenbacker-Woods Technology Museum and Historic Park; to authorize the Director of the Department of Development to execute any and all necessary agreements for the use, operation, lease, and management of the Eddie Rickenbacker House; and to declare an emergency.
Body
WHEREAS, by Ordinance 1181-01, Council authorized the Director of the Department of Development to acquire property adjacent to the Eddie Rickenbacker House; and
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, by Ordinance 0222-2015, Council authorized the Director of the Department of Development to sell and transfer 34 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 Project, Kent Place Homes Project, was selected by the Ohio Housing Finance Agency to receive 2015 Low Income Housing Tax Credits; and
WHEREAS, the Department of Development desires to sell and transfer parcels adjacent to the Eddie Rickenbacker House located at 1334 East Livingston Avenue to the Rickenbacker-Woods Technology Museum and Historic Park (RWTMHP); 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 sell and transfer property to allow the start of a project receiving 2015 Housing Credits from the Ohio Housing Finance Agency, 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;
00 Livingston Avenue. - Parcel to be split from 010-041716
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Section 14, Half Section 22, Township 5, Range 22, Refugee Lands, also being part of Lot Number 148 of “Amended Plat of Thos. Millers Addition” as numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 228, (all references used in this description refer to the records of the Recorder’s Office, Franklin County, Ohio), as conveyed to The City of Columbus, Ohio, of record in Instrument Number 199807020166010, and containing 0.074 acre of land, more or less, said 0.074 acre tract being more particularly described as follows:
Beginning at an iron pipe set at the northeasterly corner of said Lot 148, also being in the westerly line of a 15 foot wide alley as conveyed to the City of Columbus, of record in Deed Book 521, Page 198, also being in the southerly line of a 25 foot wide alley, of said Amended Plat of Thos. Millers Addition;
Thence with the easterly line of said Lot 148, also with the westerly line of said 15 foot wide alley, South 3̊ 53’ 23” West, a distance of 64.33 feet to an iron pipe set;
Thence with a new division line, across and through said Lot 148, North 86̊ 13’ 27” West, a distance of 49.96 feet ton an iron pipe set in the westerly line of said Lot 148, also being the easterly line of Lot 147 of said Amended Thos. Millers Addition, as conveyed to The City of Columbus, Ohio, of record in Instrument Number 200110180240243;
Thence with the westerly line of said Lot 148, also with the easterly line of said Lot 147, North 3̊ 53’ 32” East, a distance of 64.29 feet to an iron pipe set at the northwesterly corner of said Lot 148, also being the northeasterly corner of said Lot 147, also being in the southerly line of said 15 foot wide alley;
Thence with the northerly line of said Lot 148, also with the southerly line of said 15 foot wide alley, South 86̊ 16’ 41” East, a distance of 49.96 feet to the point of beginning, and containing 0.074 acre of land, more or less, all of which is out of Auditor’s Parcel # 010-041716.
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The northerly right of way line of Livingston Avenue was assigned an assumed bearing of North 86̊ 13’ 27” West, and all others calculated from this meridian.
1324 Livingston Avenue. - 010-053446
Situated in the State of Ohio, County of Franklin, and in the City of Columbus:
Being lot number One Hundred Forty-Seven (147), in Thomas Miller’s Amended Subdivision, 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
SECTION 2. That the Director of the Department of Development is hereby authorized to execute any and all necessary agreements for the use, operation, lease, and management of the Eddie Rickenbacker House, described as follows:
1334 Livingston Avenue. - 010-041716
Situated in the State of Ohio, County of Franklin, City of Columbus, and being part of Section 14, Half Section 22, Township 5, Range 22 Refugee Lands, also being part of Lot Number 148 of “Amended Plat of Thos. Miller Addition” as numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 228, (all references used in this description refer to the records of the Recorder’s Office, Franklin County, Ohio) as conveyed to the City of Columbus, Ohio, of record in Instrument Number 199807020166010, and containing 0.165 acre of land, more or less, said 0.165 acre tract being more particularly described as follows:
Beginning at a 5/8 inch rebar found at the southeasterly corner of said Lot 148, also being the southwesterly corner of Lot 149 of said Amended Thos. Millers Addition, also being the southwesterly corner of that tract of land conveyed to Sherman Willis and Glenn Miller, of record in Instrument Number 200807220112024, also being in the northerly right of way line of Livingston Avenue (66 feet in width) as dedicated in the plat of T. Miller’s Subdivision, of record in Plate Book 2, Page. 64;
Thence with the southerly line of said Lot 148, also with the northerly right of way line of said Livingston Avenue, North 86°13’27” West, a distance of 49.96 feet to an iron pipe set at the southwesterly corner of said Lot 148, also being the southeasterly corner of Lot 147, as conveyed to The City of Columbus, of record in Instrument Number 200110180240243;
Thence with the westerly line of said Lot 148, also with the easterly line of said Lot 147, North 3° 53’32” East, a distance of 144.30 feet to an iron pipe set;
Thence with a new division line, across and through said Lot 148, South 86°13’27” East, a distance of 49.96 feet to an iron pipe set in the easterly line of said Lot 148, also being in the westerly line of a 15 foot wide alley as conveyed to the City of Columbus, of record in Deed Book 521, Page 198;
Thence with the easterly line of said Lot 148, also with the westerly line of said 15 foot wide alley, and continuing with the westerly line of said Lot 149, also continuing with the westerly line of said Willis and Miller tract, South 3°53’32” West, a distance of 144.30 feet to the point of beginning, and containing 0.165 acre of land, more or less, all of which is out of Auditor’s Parcel # 010-041716.
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The northerly right of way line of Livingston Avenue was assigned an assumed bearing of North 86° 13’27” West, and all others calculated from this meridian.
SECTION 3. For the properties 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 4. For good cause shown, the provisions of City Code Chapter 329 relating to the sale of city-owned realty are hereby waived.
SECTION 5. 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 6. 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.