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File #: 1211-2017    Version: 1
Type: Ordinance Status: Passed
File created: 5/1/2017 In control: Housing Committee
On agenda: 5/15/2017 Final action: 5/18/2017
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 (422 S. Ohio Ave.) held in the Land Bank pursuant to the Land Reutilization Program and to declare an emergency.

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 422 S. Ohio Ave. (010-020435) to JV&JF LLC, who will rehabilitate the existing single-family structure and place it for sale. 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 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 (422 S. Ohio Ave.) 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 Sections 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 JV&JF LLC:

 

                                          PARCEL NUMBER:                     010-020435

                     ADDRESS:                                          422 S. Ohio Ave., Columbus, Ohio 43205

                     PRICE:                                                               $9,000.00, plus a $150.00 processing fee

                     USE:                                                               Single-family Unit                      

 

Property is situated in the State of Ohio, County of Franklin, and in the City of Columbus:

 

Part of lot number Fourteen (14) of ADAM LUCKHAUPT’S SUBDIVISION of lot No. 17and part of lots 15 & 16 of CHAMPION’S SUBDIVISION of half section No. 23, sec. 15, township 5, range 22, refugee lands as the said lot is numbered and delineated upon the recorded plat thereof record in plat book 3, page 378, Recorder’s office, Franklin County, Ohio. Beginning at the Southwest corner of said lot 14; thence East along the South line of lot 14 Eighty-nine (89) feet, thence North parallel with the West line of said lot 14, twenty-one and one quarter feet (21.25); thence east parallel with the north line of lot 14, seventy (70) feet to a point in the East line of said lot 14, thence North along the East line of said lot 14 ten (10) feet; thence West along the North line of said lot 14, one hundred fifty-nine (159) feet to the West line of said lot 14, thence South along the West line of lot 14 thirty-one and one quarter (31.25) feet to the place of beginning.

 

TOGETHER WITH THE FOLLOWING tract conveyed by Barbara J. Stokes to Phyllis A. and Warren E. Rose by Deed of record in Official Record 29350, page C15, bounded and described as follows: Situated in the state of Ohio, County of Franklin, City of Columbus and being part of lot 14 of Adam Luckhaupt’s Subdivision of lot no. 17 and part of lots 15 and 16 of Champion’s subdivision of half section no. 23, sec. 15, range 22, refugee lands as the said lots are numbered and delineated upon the recorded plat thereof of record in plat book 3, page 378, Recorder’s office, also being a part of the tract conveyed to Barbara J. Stokes as shown of record in Deed Book 3787, page 83:

 

Commencing at a point of the southerly line of said lot 14, also on the westerly line of said Stokes tract, said point being 89.0 feet from the westerly line of said lot 14, the easterly line of Ohio Avenue (60 feet wide) and being further referenced by a three quarter inch solid iron pin set west, 6.00 feet from said point; thence across said lot 14 and along part of the westerly line of said Stokes tract, N01°51’15”E, 18.75 feet to a drill hole set at the True Point of Beginning, said drill hole being further referenced by an iron pipe set west, 6.00 feet; thence across said lot 14 and along part of the westerly line of said Stokes tract. N01°51’15”E, 2.50 feet to an iron pipe set at the northwesterly corner of said Stoke tract; thence across said lot 14 and along the northerly line of said Stokes tract east 35.00 feet to a point at the northeasterly corner of said Stokes tract; thence across said lot 14 and along part of the easterly line of said Stokes tract, S01°51’15”W 2.50 feet to a point, said point being referenced by iron pipes set west, 2.00 feet and south 01°51’15”W, 3.00 feet; thence across said lot 14 west 35.00 feet, passing over an iron pipe set at 2.00 feet, to the place of beginning, containing 88 square feet +/- subject, however, to all legal highways, leases, easements, and restrictions of record. Iron pipes set are 30” x 1” O.D. with orange plastic caps inscribed “P.S. #6579”. Basis of bearings is the southerly line of lot 14 assumed west.

 

EXCEPTING THEREFROM THE FOLLOWING tract conveyed by Phyllis A. and Warren E. Rose to Barbara J. Stokes by Deed of record in Official Record 29350, page C18, bounded and described as follows: situated in the State of Ohio, County of Franklin, City of Columbus and being a part of lot 14 od Adam Luckhaupt’s Subdivision of lot no. 17 and part of lots 15 and 16 of Champion’s Subdivision of half section no. 23, sec. 15, range 22, refugee lands as the said lots are numbered and delineated upon the recorded plat thereof of record in Plat Book 3, page 378, recorder’s office, also being a part of the tract conveyed to Phyllis A. and Warren E. Rose as shown of record in Official Record 23279, Page E14 and being more particularly described as follows:

 

Beginning at a three quarter inch sold iron pin on the southerly line of said lot 14, said pin being east 83.0 feet from the westerly line of said lot 14, the easterly line of Ohio Avenue (60 feet wide); thence across said lot 14 N01°51’15”E 18.75 feet to an iron pipe set; thence across said lot 14 east 6.00 feet to a drill hole set on the westerly line of said tract conveyed to Barbara J. Stokes as shown of record in Deed Book 3787, page 83; said drill hole being 2.5 feet southerly from the northwesterly corner of said Stokes tract; thence across said lot 14 and along part of the westerly line of said lot 14; thence along part of the southerly line of said lot 14, west 6.00 feet to the place of beginning, containing 113 square feet +/- subject, however, to all legal highways, leases, easements, and restrictions of record. Iron pipes are set 30” x 1” O.D. with orange plastic caps inscribed “P.S. #6579”. Basis of bearings is the southerly line of lot 14 assumed west.

 

 

 

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, the provisions of City Code Chapter 329 relating to the sale of city-owned realty are 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.