Explanation
Background: In 1963 City Ordinance Number 1129-63 authorized the Dennison Avenue Conservation Area Project, Ohio R-10, Urban Renewal Project, which was subsequently amended by Ordinance Number 1535-63 and 1580-69. As part of the project, the city purchased certain properties in the plan area, including that real property known as 964 Neil Ave and then deeded away such properties with restrictions contained in the deeds and reference to the Urban Renewal Plan. The subject lot (being part of Lot Number 133 of Collins, Atkinson, and Guitners Subdivision, recorded in Plat Book 2, Page 84, Recorder's Office, Franklin County, Ohio) contains a deed restriction that the lot shall not be split from the adjacent lot thereto. DD Frye Building & Development, LLC, is the present owner of the property and has requested removal of the aforementioned restriction as well as certain other urban renewal plan restrictions. The owner desires to remove the "cloud on title" from said lot that stems from the restrictions, in order to allow the developer to construct a residential house thereon. After investigation by the City Attorneys office, it is recommended that the proposed restrictions be released. Releasing the restrictions has the support of the Victorian Village Commission. Therefore the following legislation authorizes the Director of the Finance and Management to execute those instruments necessary to release certain restrictive covenants, including those which prohibit the separate sale of the subject real property from its abutting lot.
Fiscal Impact: N/A
Emergency Justification: N/A
Title
To authorize the Director of the Department Finance and Management to execute those documents, as prepared by the Department of Law, Real Estate Division, necessary to release all restrictions that may be in effect by virtue of the Dennison Avenue Conservation Area Project, Ohio R-10, Urban Renewal Project, for the property located at 964 and 970 Neil Avenue.
Body
WHEREAS, in 1963 City Ordinance Number 1129-63 authorized the Dennison Avenue Conservation Area Project, Ohio R-10, Urban Renewal Project, which was subsequently amended by Ordinance Number 1535-63 and 1580-69; and
WHEREAS, as part of the project, the city purchased certain properties in the plan area, including that real property known as 964 Neil Ave and then deeded away such properties with restrictions contained in the deeds and reference to the Urban Renewal Plan; and
WHEREAS, the subject lot (being part of Lot Number 133 of Collins, Atkinson, and Guitners Subdivision, recorded in Plat Book 2, Page 84, Recorder's Office, Franklin County, Ohio) contains a deed restriction that the lot shall not be split from the it's adjacent lot; and
WHEREAS, DD Frye Building & Development, LLC, is the present owner of the property and has requested removal of the aforementioned restriction, as well as certain other urban renewal plan restrictions; and
WHERAS, the owner desires to remove the "cloud on title" from said lot that stems from the restrictions, in order to allow the developer to construct a residential house thereon; and
WHEREAS, after investigation by the City Attorneys office, it is recommended that the proposed restrictions be released; and
WHEREAS, releasing the restrictions has the support of the Victorian Village Commission; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department Finance and Management be and hereby is authorized to execute those documents, prepared by the Department of Law, Real Estate Division, necessary to release all restrictions that may be effect by virtue of the Dennison Avenue Conservation Area Project, Ohio R-10, Urban Renewal Project, as authorized by Ordinance 1129-63 and subsequently amended by Ordinance Number 1535-63 and 1580-69, contained in the deed from the City, recorded in Official Records, Recorded Instrument Number Vol. 3490, Page 767 in the Recorder's Office, Franklin County, Ohio; including those restrictions which prohibit the separate sale of two abutting lots, located at 964 Neil Avenue (PID #010-011573-00) and 970 Neil Avenue (PID #010-035949-00)
Section 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.