Explanation
BACKGROUND: On July 25, 2016, Columbus City Council passed Ordinance 1989-2016 authorizing the Director of Development to execute any and all agreements and deeds for the conveyance of 363 Reeb Avenue from the Land Bank Program to Community Housing Network, Inc (CHN) or other entity created to manage the site. The proposed development consists of two subareas: subarea one, to construct a new 62-unit permanent supportive housing development and subarea two, to install an edible forest/community space. Approval is now requested to amend the area being conveyed to CHN based on surveys obtained after the initial legislation. This subarea is now referred to as 350 E. Barthman Avenue and consists of 1.088 acres. The Land Bank will retain control of the edible forest/ subarea 2, a total of 0.494 acres, and work with The Ohio State University Wexner Center for the Arts and neighborhood partners to develop the space, called South Side Fruit Park. Authorization is requested to enter into a funding agreement with The Ohio State University Wexner Center for the Arts to contribute up to $40,000 toward improvements, and to enter into a lease agreement with Parsons Avenue Merchants Association who will manage the site. The Fruit Park is a part of a larger initiative to install similar community spaces around the country called Fallen Fruit. In addition to the South Side Fruit Park, the Columbus Fallen Fruit initiative will include an art exhibit at the Wexner Center and a Fruit Park in Weiland Park, called the Berry Patch.
EMERGENCY JUSTIFICATION: Emergency action is requested to enable the buyer to meet the 2017 Housing Tax Credit Program application deadlines established by the Ohio Housing Finance Agency, which is required to complete the development of the project.
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. $40,000.00 is available for the agreement from the 2016 Capital Improvement Budget.
Title
To authorize the Director of the Department of Development to modify the agreements to sell and transfer by quitclaim deed 1.088 acres located at 350 E. Barthman Avenue to Community Housing Network, LLC; to authorize the Director of the Department of Development to enter into a lease agreement for a 0.494 acre tract located at 363 Reeb Avenue with Parsons Avenue Merchant’s Association; to enter into an agreement with The Ohio State University Wexner Center for the Arts to improve the 0.494 acre site; to authorize the expenditure of $40,000.00 from the taxable bond fund; and to declare an emergency. ($40,000.00)
Body
WHEREAS, on July 25, 2016, Columbus City Council passed Ordinance 1989-2016 authorizing the Director of Development to execute any and all agreements and deeds for the conveyance of 363 Reeb Avenue from the Land Bank Program to Community Housing Network, Inc (CHN) or other entity created to manage the site; and
WHEREAS, the proposed development consists of two subareas: subarea one, to construct a new 62-unit permanent supportive housing development and subarea two, to install an edible forest/community space; and
WHEREAS, it is necessary to modify the agreements to amend the area being conveyed to CHN based on surveys obtained after the initial legislation; and
WHEREAS, this subarea is now referred to as 350 E. Barthman Avenue and consists of 1.088 acres; the Land Bank will retain control of the edible forest/ subarea 2, a total of 0.494 acres, and work with The Ohio State University Wexner Center for the Arts and neighborhood partners to develop the space, called South Side Fruit Park; and
WHEREAS, authorization is requested to enter into a funding agreement with The Ohio State University Wexner Center for the Arts to contribute up to $40,000 toward improvements, and to enter into a lease agreement with Parsons Avenue Merchants Association who will manage the site; 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 meet the 2017 Low Income Housing Tax Credit deadline, 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 modify those documents on behalf of the City of Columbus, as approved by the City Attorney's Office, Division of Real Estate, necessary to enter into a contract for the sale and to execute a quitclaim deed and any ancillary documents as may be necessary to transfer title thereto to Community Housing Network, LLC or other entity established to hold property for the project of the following described property,
PRICE: $320,000
USE: Permanent Supportive Housing
Situated in the State of Ohio, County of Franklin, City of Columbus, and containing 1.088 acres of land, more or less, and being part of Lots 53-59 and 74, and all of Lots 75-81 of Twentieth Century Addition, as said Lots are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 496 (all references used in this description refer to the records of the Recorder’s Office, Franklin County, Ohio), also being part of that 20 foot Alley lying south of said Lots 53-59, east of Washington Avenue (50 feet in width) and north of Lots 74-81, said Alley being Vacated by Ordinance Number 0851-2011, also being all out of those lands conveyed to the City of Columbus, Ohio, of record in Instrument Numbers 200605110091236, 200605050085964, 200605160095352 and 200709060157535, said 1.088 acre tract being more particularly described as follows:
Beginning at a ¾ inch iron pipe found at the southwesterly corner of said Lot 81, also being in the easterly Right of Way line of said Washington Avenue, also being in the northerly Right of Way line of Barthman Avenue (50 feet in width);
Thence with the easterly Right of Way line of said Washington Avenue, also with the westerly line of said Lot 81, and continuing with the westerly line of said Vacated Alley and said Lot 53, North 3º30’37” East, a distance of 220.42 feet to an iron pipe set;
Thence with a new line, across and through said Lot 53, and continuing across and through said Lots 54, 55, 56, 57, 58 and 59, South 86º21’57” East, a distance of 215.00 feet to an iron pipe set;
Thence with a new line, across and through said Lot 59, and continuing across and through said Vacated Alley and said Lot 74, South 3º30’37” West, a distance of 220.34 feet to an iron pipe set in the northerly Right of Way line of said Barthman Avenue;
Thence with the northerly Right of Way line of said Barthman Avenue, also with the southerly line of said Lot 74, and continuing with the southerly line of said Lots 75, 76, 77, 78, 79, 80 and 81, North 86º23’12” West, a distance of 215.00 feet to the point of beginning, and containing 1.088 acres of land, more or less (0.110 acre out of Parcel # 010-038969, 0.110 acre out of Parcel # 010-006808, 0.110 acre out of Parcel # 010-026703, 0.110 acre out of Parcel # 010-026702, 0.110 acre out of Parcel # 010-011538, 0.110 acre out of Parcel # 010-031850, 0.041 acre out of Parcel # 010-018541, 0.046 acre out of Parcel # 010-017613, 0.046 acre out of Parcel # 010-034861, 0.046 acre out of Parcel # 010-025654, 0.046 acre out of Parcel # 010-004231 and 0.091 acre out of Parcel # 010-066838).
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The centerline of Washington Avenue was assigned an assumed bearing of North 3°30’37” East, and all others calculated from this meridian.
SECTION 2. That the Director of the Department of Development is hereby authorized to execute any and all necessary lease agreements for the use, operation, lease and management to the Parsons Avenue Merchants Association of the following described property,
Situated in the State of Ohio, County of Franklin, City of Columbus, and containing 0.494 acre of land, more or less, and being part of Lots 53-59, of Twentieth Century Addition, as said Lots are numbered and delineated upon the recorded plat thereof, of record in Plat Book 5, Page 496 (all references used in this description refer to the records of the Recorder’s Office, Franklin County, Ohio), also being all out of those lands conveyed to the City of Columbus, Ohio, of record in Instrument Numbers 200605110091236, 200605160095348, 200605160095352 and 200709060157535, said 0.494 acre tract being more particularly described as follows:
Beginning at an iron pipe set at the northwesterly corner of said Lot 53, also being in the easterly Right of Way line of Washington Avenue (50 feet in width), also being in the southerly Right of Way line of Reeb Avenue (50 feet in width);
Thence with the southerly Right of Way line of said Reeb Avenue, also with the northerly line of said Lot 53, and continuing with the northerly line of said Lots 54, 55, 56, 57, 58 and 59, South 86º21’57” East, a distance of 215.00 feet to an iron pipe set;
Thence with a new division line, across and through said Lot 59, South 3º30’37” West, a distance of 100.00 feet to an iron pipe set;
Thence with a new line, across and through said Lot 59, and continuing across and through said Lots 58, 57, 56, 55, 54 and 53, North 86º21’57” West, a distance of 215.00 feet to an iron pipe set in the westerly line of said Lot 53, also being in the easterly Right of Way line of said Washington Avenue;
Thence with the easterly Right of Way line of said Washington Avenue, also with the westerly line of said Lot 53, North 3º30’37” East, a distance of 100.00 feet to the point of beginning, and containing 0.494 acre of land, more or less (0.005 acre out of Parcel # 010-017613, 0.071 acre out of Parcel # 010-017962, 0.152 acre out of Parcel # 010-066838, 0.076 acre out of Parcel # 010-034861, 0.076 acre out of Parcel # 010-025654, 0.076 acre out of Parcel # 010-004231 and 0.039 acre out of Parcel # 010-018541).
Subject to all easements, restrictions, and rights of way of previous record or otherwise legally established.
Basis of Bearings: The centerline of Washington Avenue was assigned an assumed bearing of North 3°30’37” East, and all others calculated from this meridian.
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 the Director of the Department of Development is hereby authorized to enter into an agreement with The Ohio State University Wexner Center for the Arts to make improvements to the property stated in Section 2 and install an edible forest/community space.
SECTION 7. That for the purpose stated in Section 6, the expenditure of $40,000 or so much thereof as may be needed, is hereby authorized in Fund 7739 Development Taxable Bonds in Object Class 06 Capital Outlay per the accounting codes in the attachment to this ordinance.
SECTION 8. That the City Auditor is authorized to make any accounting changes to revise the funding source for any contract or contract modification associated with this ordinance.
SECTION 9. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 11. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and monies are no longer required for said project.
SECTION 12. 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 passage and approval by the Mayor or ten days after its passage if the Mayor neither approves nor vetoes the same.