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, 1761 McAllister Ave. (010-050395), will be sold to Thomas I. Caine III, the owner of the adjacent parcel for a side yard expansion. 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 of this property is requested in order to expedite the transfer to the owner who wishes to construct a perimeter fence for security purposes and to prevent illegal trash dumping.
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 (1761 McAllister Ave) 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 5722.03, 5722.04 or 5722.06 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, emergency action is necessary in order to expedite the transfer to the owner who wishes to construct a perimeter fence for security purposes and to prevent illegal trash dumping; 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, 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: 010-050395
ADDRESS: 1761 McAllister Ave.
PRICE: $1,500 plus recording fee of $38.00
USE: Adjacent Side Yard Lot
Situated in the City of Columbus, County of Franklin and State of Ohio:
Being the East half of Lot Number Fifteen (15) except 99 ½ feet off of the South side, and Lot number Sixteen (16) except 99 ½ feet off of the south side thereof, in A.C. Doney's Subdivision, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book No. 3, Page 35, Recorder's Office, Franklin County, Ohio, Excepting Thereof;
Situated in the City of Columbus, County of Franklin and State of Ohio: Being part of Lot No. 16, A. C. Doney's Subdivision as recorded in Plat Book 3, Page 35, Recorder's Records, Franklin County, Ohio and being more particularly described as follows: Beginning, for reference, at the southeast corner of said Lot No. 16, also being the intersection of the north line of Mound Street (60 feet wide) with the west line of a 12 ft. wide alley; thence forth 99.50 feet, in the east line of said Lot No. 16 and the west line of said 12 ft. wide alley, to an iron pipe marking the principal place of beginning and the southeast corner of the herein described tract; thence South 880 04' West 28.60 feet, in the Grantor's south line, to an iron pipe; thence North 26.20 feet, parallel to the East line of said Lot No. 16, to an iron pipe; thence North 880 04' East 28.60 feet, parallel to the Grantor's south line and the south line of said Lot No. 16, to an iron pipe in the east line of said Lot No. 16 and the west line of said 12 ft. wide alley; thence South 26.20 feet, to the principal place of beginning, containing 749 square feet, more or less.
Grantor acquired title to the above described premises by Certificate of Transfer dated July 16, 1968 as recorded in Volume 2911; page 552, Recorder's Records, Franklin County, Ohio. Bearings used herein are to determine angles and do not make reference to the true meridian. This description was prepared by Roger L. Smith, Registered Surveyor #5207.
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.