Explanation
BACKGROUND: Ordinance 0143-2013 authorized the Director of the Department of Development to sell and transfer approximately 4.1+/- acres of land, located on the east side of Wheatland Ave, at the terminus of Glenview Boulevard to Wheatland Crossing Limited Partnership for the payment of $500,000.00. The property is a part of a 22.5 acre property acquired by the City from the State of Ohio in 2002. The sale was contingent on the allocation of Low Income Housing Tax Credits under the 9% Tax Credit Allocation to fund a 60-unit senior housing development. The project did not receive State approval and the property was not sold. The developer now seeks 2015 Low Income Housing Tax Credits under the 4% Tax Credit Allocation and requires additional development subsidy to fund the project. The Department of Development desires to eliminate the acquisition cost of the property as a way to increase City support and allow the project to proceed, pending final approval by the Ohio Housing Finance Agency. 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 for one dollar to Wheatland Crossing Limited Partner, a subsidiary of The Woda Group, Inc. On February 27, 2012, Council authorized the rezoning to permit the intended uses (Ord. No. 0328-2012).
FISCAL IMPACT: No funding is required for this legislation. That 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 4.1+/- acres of land, located on the east side of Wheatland Ave, at the terminus of Glenview Boulevard to Wheatland Crossing Limited Partnership in exchange for the payment of $1.00; and to declare an emergency.
Body
WHEREAS, by Ordinance 0143-2013, Council Authorized the Director of the Department of Development to sell and transfer approximately 4.1+/- acres of land, located on the east side of Wheatland Ave, at the terminus of Glenview Boulevard to Wheatland Crossing Limited Partnership for the payment of $500,000.00 to construct a 60-unit senior housing development, and
WHEREAS, the project did not receive an allocation of Low Income Housing Tax Credits under the 9% Tax Credit Allocation and did not go forward; and
WHEREAS, Woda, LLC seeks Low Income Housing Tax Credits under the 4% Tax Credit Allocation and requires additional development subsidy to fund the project; and
WHEREAS, the Department of Development desires to eliminate the acquisition cost of the property as a way to increase City support and allow the project to proceed, pending final approval by the Ohio Housing Finance Agency; and
WHEREAS, by Ordinance 1940-2002, Council Authorized the Director of the Department of Development to acquire 22.5+ located on the east of Wheatland Avenue and north of West Broad Street for $450,000 for future redevelopment; and
WHEREAS, Woda, LLC made application to the Land Redevelopment Office a proposal for the sale of the property and has been approved by the Land Redevelopment Office Administrator; and
WHEREAS, by Ordinance 0328-2012, Council authorized the rezoning of the site to the PUD-8, Planned Unit Development District to permit the intended use; and
WHEREAS, in order to complete the transfer of such property to Wheatland Crossing Limited Partnership, 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 to authorize the Director to enter into the necessary agreements allowing the buyer to meet the application deadlines in order to complete the 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; execute a quitclaim deed and any ancillary documents as may be necessary to transfer title thereto in exchange for the payment of $1.00; and to quit-claim grant any utility (e.g. sewer, water, etc.) easement(s) in, on, over, through, and burdening any adjacent City property associated with transferring the following described real property:
PARCEL NUMBER: 010-267202 (part)
ADDRESS: 00 Wheatland Ave., Columbus, Ohio 43204
PRICE: $1.00
USE: Senior housing development
DESCRIPTION OF 4.099 ACRES
EAST OF WHEATLAND AVENUE
NORTH OF W. BROAD STREET
Situated in the State of Ohio, County of Franklin, City of Columbus, being located in Virginia Military Survey Number 2668, and being 4.099 acres out of that 20.098 acre tract conveyed to City of Columbus by a Governor's Deed of record in Instrument Number 200307020202150, all records referenced herein are on file at the Office of the Recorder for Franklin County, Ohio, and being further bounded and described as follows:
Commencing for reference at a ¾ inch iron pipe found at the intersection of the west right‐of-way line for Wheatland Avenue (40 feet wide) and the south right-of-way line for Steele Avenue (40 feet wide), both as established by the Highland Park Subdivision, of record in Plat Book 4, page 326, and being the northeast corner of Lot 42 of said Highland Park Subdivision;
Thence North 08 degrees 23 minutes 47 seconds West, along the west right‐of‐way line for said Wheatland Avenue (passing the northeast corner of said Highland Park Subdivision at a distance of 40.18 feet, being the southeast corner the Glen View Heights Subdivision of record in Plat Book 11, page 4), a distance of 480.81 feet to a point, said point being North 08 degrees 23 minutes 47 seconds East a distance of 8.46 feet from the northeast corner of Lot 170 and the southeast corner of Lot 169 of said Glen View Heights Subdivision;
Thence North 81 degrees 36 minutes 13 seconds East, across said Wheatland Avenue along a line perpendicular to the west right‐of‐way line for said Wheatland Avenue, a distance of 40.00 feet to an iron pin set on the east right‐of‐way line for said Wheatland Avenue (as established by said Glen View Heights Subdivision), being on the west line of said 20.098 acre tract, being at the southwest corner of a 4.599 acre tract, and said point being the TRUE POINT OF BEGINNING for this description;
Thence across said 20.098 acre tract along the following three (3) described courses:
1. North 34 degrees 04 minutes 31 seconds East, along a southeast line of said 4.599 acre tract, a distance of 272.33 feet to an iron pin set, being at a southerly corner of said 4.599 acre tract;
2. North 81 degrees 36 minutes 13 seconds East, along a south line of said 4.599 acre tract, a distance of 157.82 feet to an iron pin set, being at a southerly corner of said 4.599 acre tract;
3. South 67 degrees 13 minutes 55 seconds East, along a southwest line of said 4.599 acre tract, a distance of 174.97 feet to an iron pin set on the east line of said 20.098 acre tract, being on the west line of the remainder of an original 300 acre tract conveyed to State of Ohio by a deed of record in Deed Book 101, page 390, and being at the southeast corner of said 4.599 acre tract;
Thence South 08 degrees 23 minutes 47 seconds East, along the east line of said 20.098 acre tract, along the west line of said State of Ohio tract, a distance of 460.37 feet to an iron pin set, being at the northeast corner of an 11.400 acre tract;
Thence across said 20.098 acre tract along the following six (6) described courses:
1. South 81 degrees 36 minutes 13 seconds West, along a north line of said 11.400 acre tract, a distance of 150.77 feet to an iron pin set, being at a northeast corner of said 11.400 acre tract;
2. North 08 degrees 23 minutes 47 seconds West, along an east line of said 11.400 acre tract, a distance of 74.38 feet to an iron pin set, being at a northeast corner of said 11.400 acre tract;
3. North 53 degrees 26 minutes 57 seconds West, along a northeast line of said 11.400 acre tract, a distance of 21.23 feet to an iron pin set, being at a northeast corner of said 11.400 acre tract;
4. South 81 degrees 36 minutes 13 seconds West, along a north line of said 11.400 acre tract, a distance of 120.97 feet to an iron pin set, being at a northerly corner of said 11.400 acre tract;
5. North 08 degrees 23 minutes 47 seconds West, along an east line of said 11.400 acre tract, a distance of 178.91 feet to an iron pin set, being at a northeast corner of said 11.400 acre tract;
6. South 81 degrees 36 minutes 13 seconds West, along a north line of said 11.400 acre tract, a distance of 204.65 feet an iron pin set on the east right‐of‐way line for said Wheatland Avenue, being on the west line of said 20.098 acre tract, and being at the northwest corner of said 11.400 acre tract;
Thence North 08 degrees 23 minutes 47 seconds West, along the east right‐of‐way line for said Wheatland Avenue, along the west line of said 20.098 acre tract, a distance of 81.76 feet to the TRUE POINT OF BEGINNING for this description.
The above description contains a total area of 4.099 acres out of Franklin County Auditor's parcel number 010‐
The bearings described herein are based on the bearing of North 08 degrees 23 minutes 47 seconds West for the east right‐of‐way line for Wheatland Avenue, which is measured from Grid North, referenced to the Ohio State Plane Coordinate System (South Zone) and the North American Datum of 1983 (2011 adjustment), as established utilizing a GPS survey and NGS OPUS solution.
Iron pins referenced as set are 5/8 inch diameter by 30 inch long rebar with caps inscribed "Structurepoint - PS 8438".
This description was prepared based on an actual field survey of the premises under the direction of Brian P. Bingham, Registered Professional Surveyor No. 8438 and is true and correct to the best of my knowledge and belief.
SECTION 2. That the sale proceeds to be received by the City shall be deposited as determined by the City Auditor.
SECTION 3. That for good cause shown, the provisions of City Code relating to the sale of city-owned realty are hereby waived.
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.