Explanation
BACKGROUND: Authorization is needed for the Director of the Department of Development to enter into an option or sales agreement to sell and transfer approximately 3.35+/- acres of land, located at the southwest corner of Parsons and Innis Avenues, commonly referred to as 1846 South Washington Avenue, to Parsons One, LLC in exchange for the payment of $125,625.00. The property was acquired by Columbus Urban Growth and by the City Land Bank Program for future redevelopment. The property is located adjacent to the former Schottenstein Department store site and future Maloney Southside Health Center. This legislation authorizes the Director of Development to enter into the necessary agreements as needed to sell and transfer of the property to Parsons One, LLC in order to develop senior housing along Washington Avenue and commercial uses fronting Parsons Avenue. On December 5, 2011, Council authorized the rezoning of the property to permit the intended uses (Ord. No. 2035-2011).
FISCAL IMPACT: The sale proceeds to be received by the City shall be deposited as determined by the City Auditor.
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 senior housing project on the property.
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 approximately 3.35+/- acres of land, located at the southwest corner of Parsons and Innis Avenues, commonly referred to as 1846 South Washington Avenue, to Parsons One, LLC in exchange for the payment of $125,625.00; and to declare an emergency.
Body
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 meets the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved by the Land Redevelopment Office Administrator; and
WHEREAS, by Ordinance 0477-2009, parcels acquired from Columbus Urban Growth were accepted into the Land Reutilization Program to be held in the Land Bank inventory and managed in accordance with the policies and procedures of the Land Reutilization Program; and
WHEREAS, in order to complete the transfer of such property to Parsons One, LLC, authority is needed for the Director of the Department of Development to execute any and all necessary agreements and quitclaim 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 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 senior housing project on the property, 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 in exchange for the payment of $125,625.00;
010-044235, 010-048951, 010-044236, 010-003162, 010-044237, 010-023402, 010-023403, 010-024069, 010-066976, 010-019436, 010-057064, 010-021419, 010-047738, 010-049803, 010-039387, 010-046926, 010-033367, 010-002239, 010-063498, 010-016710, 010-055487, 010-031482, 010-044234, 010-005340, 010-026084
3.370 ACRES
Situated in the State of Ohio, County of Franklin, City of Columbus, lying in Section 28, Township 5, Range 22, Refugee Lands, being part of Lots 9 and 10 of "20th Century Addition", a subdivision of record in Plat Book 5, Page 496, and all of Lots 11-36, inclusive, of said "20th Century Addition" as conveyed to City of Columbus, Ohio by deeds of record in Instrument Number 200605050085964, 200610170207293, 200605160095344, 200609080180071, 200605160095346, 200605180096585, 201006250080080, 200605160095350, 200908140119537 and Official Records 15241I09, 15241I14, 15554G04 and 16401E20, and all of the 20 feet wide alley vacated by City of Columbus Ordinance Number 0851-2011 (all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows:
BEGINNING at an iron pin set at the intersection of the westerly right-of-way line of Parsons Avenue (60' wide) with the southerly right-of-way line of Innis Avenue (50' wide), being the northeasterly corner of said Lot 18;
thence South 03° 31' 13" West, with the westerly right-of-way line of said Parsons Avenue, a distance of 322.00 feet to an iron pin set at the intersection of said westerly right-of-way line with the northerly right-of-way line of Reeb Avenue (50' wide);
thence North 86° 20' 41" West, with the northerly right-of-way line of said Reeb Avenue, a distance 470.00 feet to an iron pin set at the intersection of said northerly right-of-way line with the easterly right-of-way line of Washington Avenue (50' wide);
thence North 03° 31' 13" East, with the easterly right-of-way line of said Washington Avenue, a distance of 253.00 feet to an iron pin set at the southwesterly corner of that tract of land conveyed to Mary D. Howard and Edward E. Howard as conveyed in Official Record 11030E10;
thence South 86° 20' 41" East, across Lots 9 and 10, with the southerly line of said Howard tract and the southerly line of that tract of land conveyed to Juanita M. Ballinger and Phyllis D. McClaskey of record in Deed Book 1787, Page 227, Official Record 32209B09, Official Record 33272J05, Official Record 34601A07 and Official Record 34601A08, a distance of 66.00 feet to an iron pin set in the line common to said Lots 10 and 11, the southeasterly corner of said Ballinger and McClaskey tract;
thence North 03° 31' 13" East, with the line common to said Lots 10 and 11, the easterly line of said Ballinger and McClaskey tract, a distance of 69.00 feet an iron pin set in the southerly right-of-way line of said Innis Avenue, the northeasterly corner of said Ballinger and McClaskey tract;
thence South 86° 20' 41" East, with the southerly right-of-way line of said Innis Avenue, (passing at 132.00 feet a 3/8 inch square iron pin found and at 199.38 feet a 3/4 inch iron pipe found) a total distance of 404.00 feet to the POINT OF BEGINNING, containing 3.370acres of land, more or less.
Subject, however, to all legal rights-of-way and/or easements, if any, of previous record.
Iron pins set, where indicated, are iron pipes, thirteen sixteenths (13/16) inch inside diameter, thirty (30) inches long with a plastic plug placed in the top bearing the initials EMHT INC.
This description is based on existing records and an actual field survey performed in March 2011.
The Bearings shown herein are based on the Ohio State Plane Coordinate System, South Zone, NAD83 (CORS96). Said bearings originated from a field traverse which was tied (referenced) to said coordinate system by GPS observations and observations of selected CORS base stations in the National Spatial Reference System. The portion of the northerly right-of-way line of Reeb Avenue, having a bearing of N 86° 20' 41" W and monumented as shown herein, is designated the "basis of bearing" for this survey.
Section 2. That the sale proceeds to be received by the City shall be deposited as determined by the City Auditor.
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.