Explanation
BACKGROUND: Authorization is needed for the Director of the Department of Development to enter into an option agreement or sales contract to sell and transfer 12 parcels to Buckeye Community Forty Four, LP, a subsidiary of the Buckeye Community Hope Foundation. The sites are a part of a proposed 40-unit scattered site project around the former Kent Elementary School in Driving Park. The project is contingent on the allocation of 2014 Low Income Housing Tax Credits. This legislation authorizes the Director of Development to enter into the necessary option agreement or agreements as needed to sell and transfer of the property.
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 12 parcels, located in the Near East neighborhood to Buckeye Community Forty Four, LP; and to declare an emergency.
Body
WHEREAS, Ordinance 1860-2008 adopted the City's Neighborhood Stabilization Program, authorized the filing of the City's Neighborhood Stabilization Program application with the United States Department of Housing and Urban Development, and made a substantial amendment to the Consolidated Plan's 2008 Action Plan; and
WHEREAS, Ordinances 0234-2009 and 0136-2009 authorized the Director of the Department of Development's to expend funds and acquire properties under the Neighborhood Stabilization Program; 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)
010-047265
1399 Gault St.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Lot Number One Hundred Twenty-nine (129) 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,
(2)
010-034424
797 - 799 Kelton Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Parts of Lots Nos. 103 and 104 in WILLIAM KENT'S SECOND ADDITION to said City, as the same are numbered and delineated upon the recorded plat thereof, of record in Plat Book 2, Page 262, Recorders Office, Franklin County, Ohio.
(3)
010-004161
1371 Mooberry St.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Lot Number Seven (7) of the William M. Fuller's Subdivision to the City of Columbus, as the same are numbered and delineated upon the recorded plat thereof, in Plat Book No.5, Page 37, Recorders Office, Franklin County, Ohio.
(4)
010-018173
740 Miller Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being the north one-half Lot Number One Hundred Twenty-two (122) of Thomas Miller's Amended Addition to the City of Columbus, as the same is numbered and delineated upon the recorded plat thereof, of record Plat Book 2, Page 228, Recorder's Office, Franklin County, Ohio.
(5)
010-052586
739 Miller Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Thirty-six (36) feet off of the North side of Lot Number One Hundred Eighteen (118) in THOMAS MILLER'S AMENDED SUBDIVISION to the City of Columbus, 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.
(6)
010-049248
734 Miller Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Lot Number 1 and 3.5 feet off the south side of Lot Number 2 of Charles r. Cornell's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, page 227, Recorder's Office, Franklin County, Ohio.
(7)
010-040861
782 - 784 Lockbourne Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being SIXTY (60) feet off the entire South end of Lots Nos. 141 and 142, in THOMAS MILLER'S AMENDED SUBDIVISION 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.
(8)
010- 014042
787 Seymour Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
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.
(9)
010- 014027
853 - 855 Seymour Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being parts of Lots Nos. Three (3), Four (4), Five (5), and Six (6), in M K English's Seymour Avenue Subdivision, as the same are numbered and delineated upon the record Plat thereof, of record in Plat Book 12, page 14, Recorder's Office, Franklin County, Ohio.
(10)
010-044270
716 Lilley Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being Lot Number Ninety One (91) of MC Lilley's Subdivision of 24 acres of the West Side od Lot Number 6 of Morrison's Subdivision in Section Number 14, Half Section Number 22, Township Number 5 ,and Range Number 22, Refugee Lands , as Numbered, delineated, and recorded in Plat Book 7, Page 122, Recorders Office, Franklin County, Ohio.
(11)
010-050676
715 Lilley Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Situated in the State of Ohio, County of Franklin and City of Columbus: Being Lot Number Sixty-one (61) of A.B. Coit's Kelton Avenue Addition to the City of Columbus, Ohio, as numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 4, Page 372, Recorder's Office, Franklin County, Ohio.
(12)
010- 041324
820 Kelton Ave.
Situated in the State of Ohio, County of Franklin, and in the City of Columbus and described as follows:
Being part of Lot No. 58 of Coit's Kelton Avenue Addition as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 4, page 112, Recorder's Office, Franklin County. Ohio.
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. That for good cause shown, Section 329.29 of the Columbus City Codes, 1959, is 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.