Explanation
BACKGROUND: One parcel 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 the real property. This legislation authorizes transfer of one parcel located at 363 St. Clair Ave. (010-031986) to Steward G. Gibboney IV, who will rehabilitate the existing single-family structure to be maintained as a rental unit. The parcel will be transferred by deed recorded in the Official Records of the Franklin 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 to expedite the transfer in order to reduce Land Bank maintenance costs.
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 parcel of real property (363 St. Clair Ave.) held in the Land Bank pursuant to the Land Reutilization Program; 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; or any other land it acquires as part of its land utilization 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, 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 convey title of said parcel of real estate to expedite the transfer in order to reduce Land Bank maintenance costs, 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 any and all necessary agreements and deeds to convey title to the following parcel of real estate to Steward G. Gibboney IV:
PARCEL NUMBER: 010-031986
ADDRESS: 363 St. Clair Avenue, Columbus, Ohio 43203
PRICE: $4,500 plus a $38.00 recording fee
USE: Single-family rental unit
Situated in the State of Ohio, County of Franklin and in the City of Columbus and bounded and described as follows:
Being Seventy-two feet in length by the width of the Lot off the east end of Lot № Two Hundred Twenty-one (221) of Deshler Sinks and Hoover's Garrison Park Place Subdivision; also part of Lot № Two Hundred Twenty (220) of said Subdivision described as follows:
Beginning at the southeast corner of Lot № 220, running 6 feet north to a point, thence 72 feet west parallel with the south line of said Lot to a point; thence 6 feet south to the line of said Lot to a point thence 6 feet south to the line of said Lot to a point; thence 72 feet east to the place of beginning, said Lots 220 and 221 are designated and numbered on the recorded plat thereof, of record in the Recorder's Office, Franklin County, Ohio, Plat Book 4, Page 96;
Excepting a strip of ground 10 feet wide off of the west side of that portion of said Lots 220 and 221 above described which is to be kept open and used for the purpose of an alley.
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.