Explanation
BACKGROUND: The Market-Mohawk Urban Renewal Plan was adopted by Ordinance No. 1534-63 and remained in effect for a period of twenty-five years. Market-Mohawk Urban Renewal Project property owners may now petition the City to abrogate the restrictive covenants set forth in their deeds.
All four of the property owners in the Project's Disposal Parcel No. 7 are petitioning the City to abrogate the restrictive covenants set forth in their respective deeds. Disposal Parcel No. 7 is bounded by S. Fifth, Rich, and Town Streets.
This legislation will accept the property owners signed petition, authorize the Director of Finance and Management to execute a recordable instrument to abrogate the petitioners' restrictive covenants, and amend the Market-Mohawk Urban Renewal Plan.
FISCAL IMPACT: There are no fiscal elements to this legislation.
EMERGENCY JUSTIFICATION: Emergency action is requested as not to unduly delay the development of the subject properties.
Title
To accept the petition of the owners of Disposal Parcel No. 7 of the Market-Mohawk Urban Renewal Project, to authorize the Director of Finance and Management to execute a recordable instrument to abrogate such Petitioner's restrictive covenants, to amend the Market-Mohawk Urban Renewal Plan, and to declare an emergency.
Body
WHEREAS, the Market-Mohawk Urban Renewal Plan, consisting of 18 pages and 7 exhibits, was approved and adopted by the Council of the City of Columbus, Ohio by Ordinance No. 818-58, dated June 2, 1958; and,
WHEREAS, an amended Market-Mohawk Urban Renewal Plan, consisting of 14 pages and 6 exhibits, was approved and adopted by the Council of the City of Columbus, Ohio, by Ordinance No. 1534-63, date December 16, 1963; and,
WHEREAS, such Plan, as amended, provided that the provisions specifying the uses of the Project Area and the requirements and restrictions with respect thereto shall be in effect for a period of twenty-five (25) years following adoption; and,
WHEREAS, the deeds from the City of Columbus, Ohio to United Redevelopment Corporation for each development site in the Project Area provided that such Plan's uses, requirements and restrictions shall be in effect until January 1, 1989, at which time the same may be abrogated by petition to and acceptance by the Council of the City of Columbus, Ohio of a favorable vote of the then owners of the majority of the area affected by such abrogation; and,
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management in that it is immediately necessary to amend said urban renewal plan, abrogate the applicable restrictive covenants, and amend said Plan for the preservation of the public health, peace, property, safety and welfare; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the petition, signed by all four owners of Disposal Parcel No. 7 of the Market-Mohawk Urban Renewal Plan, for abrogation of restrictive covenants be and the same is hereby accepted and such restrictive covenants referenced in the preamble hereto be and the same are hereby abrogated.
SECTION 2. That the Director of Finance and Management is hereby authorized to execute a recordable instrument, as prepared and approved by the Real Estate Division, Department of Law, abrogating and releasing of record the Market-Mohawk Urban Renewal Plan restrictive covenants as are applicable to Disposal Parcel No. 7.
SECTION 3. That the Market-Mohawk Urban Renewal Plan and amendments thereto are hereby amended to reflect the abrogation and release of all restrictive covenants imposed on Disposal Parcel No. 7 by said Plan.
SECTION 4. 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.