Explanation
BACKGROUND: Authorization is needed for the Director of the Department of Development to enter into an option or purchase agreement to sell and transfer 590 Van Buren Drive (010-284122) to Volunteers of America, Greater Ohio in exchange for the payment of $190,000. The site is located within the West Edge Business Center. The sale is contingent on the allocation of 2013 Low Income Housing Tax Credits to fund a 100-unit permanent supportive housing development. 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 to Wheatland Volunteers of America. On December 17, 2012, Council authorized the rezoning and Council Variance of the property to permit the intended uses (Ord. No. 2700-2012; Z12-056 and 2701-2012; CV12-048).
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 or purchase agreement to sell and transfer 590 Van Buren Drive (010-284122) to Volunteers of America, Greater Ohio in exchange for the payment of $190,000.00; 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 Volunteers of America- Greater Ohio, 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 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 or option agreement 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 $190,000.00;
PARCEL NUMBER: 010-284122
ADDRESS: 590 Van Buren Ave, Columbus, Ohio 43222
PRICE: $190,000 plus closing costs
USE: 100-unit permanent supportive housing development
Situated in the State of Ohio, County of Franklin, City of Columbus, being part of Eaton's Farm (Plat Book 1, Page 68) in Virginia Military Survey No. 422, part of the Columbus Urban Growth Corporation tract (Instrument No. 200104190083400), part of Reserve "A" and all of Lot 1 of Wacker Place (Plat Book 14, Page 32), Recorder's Office, Franklin County, Ohio (all references made are of said Recorder's office, unless otherwise noted) and being more particularly described as follows:
Beginning at a concrete monument found at the intersection of the north line of Renick Avenue (49.50 feet wide) with the east line of Mt. Calvary Avenue (66 feet wide), at the southwest corner of said Reserve "A",
Thence, along the east line of said Mt. Calvary Avenue, part of the west line of said Reserve "A", N 11degrees 16' 00" W, 164.08 feet to an iron pipe set at the southwest corner of the 0.080 Acre Right of Way Take as shown on the "West Edge Business Center" dedication and vacation plat (P.B. 99, Pg. 60 and City of Columbus Ordinance No. 663-02),
Thence, along the south line of said 0.080 Acre tract, N 69 degrees 03' 00" E, 291.34' to an iron pipe set at the southeast corner of said 0.080 Acre tract;
Thence, along the east line of said 0.080 Acre tract, N 20 degrees 57' 00" W, 12.00 feet to an iron pipe found at the northeast corner of said 0.080 Acre tract, in the south line of Van Buren Drive (35 feet wide as established by D.B. 1208, Pg. 564, parcel 2);
Thence, along the south line of said Van Buren Drive, along an arc to the left, having a radius of 109.00 feet and a delta angle of 68 degrees 34' 00", with a chord bearing and distance of N 34 degrees 46' 00" E, 122.80 feet to an iron pipe found at the southwest corner of 0.065 Acre Right of Way Take as shown on said "West Edge Business Center" plat;
Thence, along the south line of said 0.065 Acre tract, S 89 degrees 31' 00' E, 12.00 feet to an iron pipe found at the southeast corner of said 0.065 Acre tract:
Thence, along the east line of said 0.065 Acre tract, N 00 degrees 29' 00" E, 235.89 feet to an iron pipe set at the northeast corner of said 0.065 Acre tract, in the south line of Pierce Drive (35 feet wide as established by D.B. 1208, Pg. 564, parcel 3)
Thence, along the south line of said Pierce Drive, along an arc to the left, having a radius of 299.00 feet and a delta angle of 21 degrees 57' 57", with a chord bearing and distance of N 85 degrees 48' 58" E, 113.93 feet to an iron pipe found;
Thence, continuing along the south line of said Pierce Drive, N 74 degrees, 50' 00"E, 107.11 feet to a point in the west line of Souder Avenue vacated as shown on said "West Edge Business Center";
Thence, along the west line of said vacated Souder Avenue, S 15 degrees 10' 00" E, 187.42 feet (passing an iron pipe set for reference at 5.00 feet and concrete monument found at the northeast corner of said Lot 1), to an iron pin found at the southeast corner of said Lot 1, the northeast corner of Lot 2 of said Wacker Place and the southwest corner of said vacated Souder Avenue;
Thence, along the south line of said Lot 1, the north line of said Lot 2, S 70 degrees 58' 04" W, 160.04 feet (passing an iron pipe set for reference at 157.04 feet) the southwest corner of said Lot 1, the northwest corner of said Lot 2 and in the east line of said Reserve "A";
Thence, along the west line of said Lot 2, part of the east line of said Reserve "A" and the west lines of Lots 3, 4 and 6 of said Wacker Place, S 15 degrees 08' 00' E, 252.33 feet to a concrete monument found at the southeast corner of said Reserve "A", the southwest corner of said Lot 6 and in the north line of said Renick Avenue;
Thence, along the south of said Reserve "A" and the north line of said Renick Avenue, S 70 degrees 58' 00" W, 529.31 feet to the place of the beginning CONTAINING 3.515 ACRES, subject however to all legal highways, leases, agreements, easements, restrictions of records and of records in the respective utility offices. The following description was prepared from an actual survey made by Myers Surveying Company, Inc. in May 2002 in accordance with Chapter 4733-37 Ohio Administrative Code. Iron pipes set are 30" x 1" O.D. with an orange plastic cap inscribed "P.S. 6579". Basis of Bearings is the center line at Mt. Calvary Avenue held as North 11 degrees 16' 00" West as per Instrument No. 200104190083400.
Said property is shown on the Franklin County Auditor's Records as Parcel Number 010-284122.
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, 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.