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 2495 Gantz Rd. (010-223507) to James V. Smith and Christie D. Smith, Ohio residents, who will maintain the vacant parcel as a side yard expansion under the Improve to Own Program. The parcel will be transferred by deed recorded in the Official Records of the Franklin County Recorder’s Office.
FISCAL IMPACT: 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 Legislation 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 (2495 Gantz Rd.) held in the Land Bank pursuant to the Land Reutilization Program 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 5722.03 or 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 James V. Smith and Christie D. Smith:
PARCEL NUMBER: 010-223507
ADDRESS: 2495 Gantz Rd., Columbus, Ohio 43123
PRICE: $6,000.00, minus credits granted by the City under the Improve to Own Program, plus a $150.00 processing fee
USE: Side yard expansion
Situated in the City of Columbus, County of Franklin, State of Ohio and bounded and described as follows:
Situated in the state of Ohio, county of franklin, township of Jackson and being part of Tract No. 1 of Jeannette McDowel’s Gantz Road Acreage Subdivision as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 17, page 332, and recorded in Deed Book 2527, page 192, Franklin County Recorder’s Office, and being bounded and more fully described as follows:
Beginning as railroad spike in the centerline of Gantz Road at the Southeast corner of said Lot 1;
Thence North 76 degrees 20 minutes West with the Southerly line of Lot 1 a distance of 230.00 feet to an iron pin;
Thence North 13 degrees 40 minutes East a distance of 76.27 feet to an iron pin in the Northerly line of said Lot 1;
Thence South 76 degrees 54 minutes 04 seconds East with the northerly line of said Lot 1 a distance of 193.00 feet to the centerline of Gantz Road at the Northeast corner of Lot 1 (passing an iron pin at 164.19 feet);
Thence with the centerline of Gantz Road and a curve to the right having a radius of 573.63 feet and a chord which bears south 11 degrees 40 minutes 01 seconds East a distance of 86.50 feet to the place of beginning containing 0.377 Acres more or less, subject however to any easements, restrictions of right-of-ways of record, together with a 14 foot access easement along the southerly line of Lot 1.
SECTION 2. For the property stated in Section 1, that the City will credit the Buyer at the time of transfer for the value of maintenance and/or improvements made by the Buyer under the Improve to Own Program as specified in the Memorandum of Understanding.
SECTION 3. 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 4. That for good cause shown, the provisions of City Code Chapter 329 relating to the sale of city-owned realty are hereby waived.
SECTION 5. 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 6. 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.