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File #: 0559-2020    Version: 1
Type: Ordinance Status: Passed
File created: 2/25/2020 In control: Housing Committee
On agenda: 3/16/2020 Final action: 3/19/2020
Title: To authorize the Director of the Department of Development to quit-claim grant one or more easements on 291-293 E. Eighth Ave. (010-008699) and 281-283 E. Eighth Ave. (010-027792); to waive the provisions of City Code Chapter 329 relating to the sale of city-owned realty; and to declare an emergency.

Explanation

BACKGROUND: Ordinance 2234-2019 authorized the Director of the Department of Development to transfer one parcel (010-027792) to WP Properties QOZB, LLC., who was required to split the parcel and deed half of the land back to the City.  The transfer was to provide a house owned by the buyer access to an alley to construct a new sanitary sewer connection.  Another parcel, 291-293 E. Eighth Ave. (010-008699) was conveyed to the City from Campus Partners for Community Urban Redevelopment and is to be combined with half of parcel 010-027792.  The new parcel is to be held by the Land Bank for an existing community garden.  While under review for the lot split, an additional sewer line was identified on parcel 010-008699 that serves an adjacent building.  This Ordinance authorizes the Director of the Department of Development to execute any and all easements necessary to complete the lot split.    

 

FISCAL IMPACT: No fiscal impact.

 

EMERGENCY JUSTIFICATION: Emergency action is requested to enable the City to immediately grant the easement to allow the lot split and new sewer line.

 

Title

To authorize the Director of the Department of Development to quit-claim grant one or more easements on 291-293 E. Eighth Ave. (010-008699) and 281-283 E. Eighth Ave. (010-027792); to waive the provisions of City Code Chapter 329 relating to the sale of city-owned realty; and to declare an emergency.

 

Body

WHEREAS, by Ordinance 2234-2019, Council Authorized the Director of the Department of Development to sell and transfer one parcel of land, 281-283 E. Eighth Ave. (010-027792) to WP Properties QOZB, LLC to allow the buyer access to an adjacent alley to construct a new sewer line; and

 

WHEREAS, as a condition of the conveyance, the buyer was to obtain a lot split and convey half of the parcel back to the City.  This half of the parcel is to be combined with an adjacent parcel, 291-293 E. Eighth Ave. (010-008699), a parcel conveyed to the City by Campus Partners for Community Urban Development.  A community garden currently occupies this site; and

 

WHEREAS, While obtaining approvals for the lot split, an additional sewer line was discovered running from the alley to an adjacent house at 295-299 E. Eight Ave. and owned by Network Restorations II; and 

 

WHEREAS, the Building and Zoning Department will not grant the lot split without the recording of an easement from the City to Network Restorations II for this discovered sewer line; and 

 

WHEREAS, in order grant the easement and finalize the lot split, authorization is requested to allow the Director of Development to execute a new easement; and 

 

WHEREAS, an emergency exists in the usual daily operation of the Department of Development, Land Redevelopment Division in that it is immediately necessary authorize the Director to execute the necessary documents allowing the buyer to obtain a lot split on the property, 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 those documents on behalf of the City of Columbus, as approved by the Department of Law, Division of Real Estate, necessary to grant one or more easements to any property owners adjacent to 281-283 E. Eighth Ave. (010-027792) and 291-293 E. Eighth Ave. (010-008699).  

 

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.