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File #: 0992-2009    Version: 1
Type: Ordinance Status: Passed
File created: 7/1/2009 In control: Development Committee
On agenda: 7/13/2009 Final action: 7/14/2009
Title: To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of one vacant parcel of real property (861-863 E. 5th Avenue) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.
Explanation
 
BACKGROUND: One property currently held in the Land Bank has been approved for disposition. In order to complete the transfer, authorization is needed for the Director of the Department of Development to execute any and all agreements and deeds for conveyance of such real property. One parcel, 861-63 E. 5th Avenue (010-020390), will be sold to Mr. David L. Keen, the adjacent property owner. The property will be transferred by deed and recorded in the Official Records of the County Recorder's Office.
 
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 in order to expedite the transfer to David L. Keen to start landscaping and other improvements that will enhance the neighborhood and his adjacent property.
 
 
Title
 
To authorize the Director of the Department of Development to execute any and all necessary agreements and deeds for conveyance of title of one vacant parcel of real property (861-863 E. 5th Avenue) held in the Land Bank pursuant to the Land Reutilization Program; and to declare an emergency.
 
 
Body
 
WHEREAS, by Ordinance 2161-93 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; and
 
WHEREAS, a proposal for the sale of one parcel which has been acquired pursuant to Sections 5722.04 for this program meet the Land Reutilization Program's Disposition Policies and Guiding Principles and has been approved; and
 
WHEREAS, such parcel of real estate is being sold at not less than fair market value in conformity with Ohio Revised Code Section 5722.07, competitive bidding is not required; and
 
WHEREAS, under 5722.07 "fair market value" means the appraised value of the nonproductive land made with reference to such redevelopment and reutilization restrictions as may be imposed by the electing subdivision as a condition of sale or as may be otherwise applicable to such land; 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 such 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 convey title of said parcel of real estate so neighborhood enhancement can begin immediately, 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 and directed to execute any and all necessary agreements and deeds to convey title of the following parcel of real estate:
 
PARCEL NUMBER:       010-020390      
ADDRESS:                       861-63 E. 5th Avenue, Columbus, Oh. 43201
PRICE:                              $5,850 plus recording fee of $28.00                                                     
USE:                               Side Yard Lot                                
 
Being Lot Number Nineteen(19) of Biddleman's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 8, page 14A, Recorder's Office, Franklin County, Ohio.
 
Except:
 
Being a 6 foot strip of land off the entire northerly end of Lot Number 19 in Biddleman's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 8, page 14A, Recorder's Office, Franklin County, Ohio, and extending from the westerly property line to the easterly property line, a distance of 35 feet; containing 210 square feet.
 
District/Parcel: 010-020390
Address: Fifth Avenue
 
Section 2.      That for good cause shown, Section 329.29 of the Columbus City Codes, 1959, is hereby waived.
 
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.