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 0.042 acre, more or less, of one parcel located at 281-283 E. 8th Avenue (010-027792) to Urban Revival, LLC, who will maintain the vacant parcel as a side yard expansion. 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 0.042 acre, more or less, of one parcel of real property (281-283 E. 8th Avenue) 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 0.042 acre, more or less, parcel of real estate to Urban Revival, LLC
PARCEL NUMBER: 0.042 acre split from 010-027792
ADDRESS: 281-283 E. 8th Ave., Columbus, Ohio 43201
PRICE: $1,850 plus a $150.00 recording fee
USE: Side yard expansion
Situate in the State of Ohio, County of Franklin, City of Columbus, being a part of Lots Numbered One Hundred Eighty-Nine (189) and One Hundred Eighty-Eight (188) of New Indianola Addition, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 12, Page 35, and being part of a 0.085 acre tract as conveyed to CITY OF COLUMBUS as described in Instrument No. 201402060015277, all records being of the Recorder’s Office, Franklin County, Ohio and being more particularly bounded and described as follows:
COMMENCING at a ¾” iron pipe found at the northeast corner of lot 106 as delineated in said New Indianola Addition, also being the intersection of the westerly right-of-way line of a 20.00’ alley and the southerly right-of-way line of Eighth Avenue (50’).
Thence in a line with said southerly right-of-way line, crossing said alley, North 90 degrees 00 minutes 00 seconds East, a distance of 20.00 feet to a point, referenced by a ¾” iron pipe found 0.20’ east, at the northwest corner of said 0.085 acre tract, also being the northwest corner of lot One Hundred Eighty-Nine (189) as delineated on said New Indianola Addition, also being the intersection of the easterly right-of-way line of a 20.00’ alley and the southerly right-of-way line of Eighth Avenue (50’), and being the TRUE POINT OF BEGINNING of the parcel herein intended to be described;
Thence along part of the northerly line of said lot One Hundred Eighty-Nine (189) and along all of the northerly line of said 0.085 acre tract, and the southerly right-of-way line of said Eighth Avenue, North 90 degrees 00 minutes 00 seconds East, a distance of 34.50 feet to an iron pin set at the northeasterly corner of said 0.085 acre tract, also being the northwest corner of a tract of land conveyed to CAMPUS PARTNERS FOR COMMUNITY URBAN REDEVELOPMENT in Instrument No. 201512180176822;
Thence along the easterly line of said 0.085 acre tract and westerly line of said CAMPUS PARTNERS FOR COMMUNITY URBAN REDEVELOPMENT tract across said lot One Hundred Eighty-Nine (189) and part of said lot One Hundred Eighty-Eight (188), South 00 degrees 10 minutes 41 seconds East, a distance of 53.63 feet, to and iron pin set and being the northwest corner of a tract of land conveyed to URBAN REVIVIAL, LLC in Instrument No. 201009280126701and the southwest corner of said CAMPUS PARTNERS FOR COMMUNITY URBAN REDEVELOPMENT tract;
Thence across said 0.085 acre tract, North 90 degrees 00 minutes 00 seconds West, a distance of 34.50 feet, to an iron pin set on the westerly line of said 0.085 acre tract and also on the easterly right-of-way line of said 20.00’ alley;
Thence along the westerly lines of said lot One Hundred Eighty-Eight (188) and said lot One Hundred Eighty-Nine (189) and said 0.085 acre tract, also along the easterly right-of-way line of said 20.00’ alley, North 00 degrees 10 minutes 41 seconds West, a distance of 53.63 feet to an iron pin set, also being the TRUE POINT OF BEGINNING, CONTAINING 0.042 ACRES (1850 Sq. Ft.), MORE OR LESS.
Subject however to all legal easements, restrictions and rights of way of record and of records in the respective utility offices.
Iron pins set are 5/8” inch solid iron pins, 30” in length with a yellow plastic cap inscribed “EP FERRIS SURVEYOR 8342”.
Basis of bearings is North 90 degrees 00 minutes 00 seconds East on the south line of said Eighth Avenue. This description is based on a field survey by E.P. Ferris & Associates, Inc. in July, 2017.
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.