City of Columbus - File #: 1709-2004

• File #: 1709-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/17/2004
• In control: Development Committee
• On agenda: 10/18/2004
• Final action: 10/20/2004
• Title: To authorize the Director of the Department of Development to execute those documents necessary to release certain restrictive covenants, which prohibit the separate sale of two abutting lots, located at 248 West and 250 West Fourth Avenue.

Date	Ver.	Action By	Action	Result
10/20/2004	1	CITY CLERK	Attest
10/19/2004	1	MAYOR	Signed
10/18/2004	1	Columbus City Council	Approved	Pass
10/18/2004	1	COUNCIL PRESIDENT	Signed
10/13/2004	1	City Clerk's Office	Sent back for Clarification/Correction
10/13/2004	1	Atty Drafter	Sent to Clerk's Office for Council
10/4/2004	1	Columbus City Council	Read for the First Time
9/24/2004	1	CITY ATTORNEY	Reviewed and Approved
9/24/2004	1	Atty Drafter	Sent to Clerk's Office for Council
9/23/2004	1	Atty Drafter	Sent for Approval
9/23/2004	1	Dev Drafter	Sent for Approval
9/23/2004	1	DEVELOPMENT DIRECTOR	Reviewed and Approved
9/23/2004	1	Dev Drafter	Sent for Approval
9/23/2004	1	Atty Drafter	Sent for Approval
9/23/2004	1	CITY ATTORNEY	Reviewed and Approved
9/23/2004	1	Atty Drafter	Sent for Approval
9/17/2004	1	Atty Drafter	Sent for Approval
9/17/2004	1	Atty Reviewer	Reviewed and Approved
9/17/2004	1	Atty Drafter	Sent for Approval
9/17/2004	1	Atty Drafter	Sent for Approval
9/17/2004	1	Atty Drafter	Sent for Approval

Explanation

Background: In 1970, the City as part of the Dennison Avenue Conversation Plan purchased two abutting lots at the northwest corner of West Fourth Avenue and Forsythe Avenue. Subsequently, it was determined that because of its size that the westernmost property was unbuildable. Consequently, the City sold both properties together with restrictive covenants, which prohibited any subsequent owner from splitting off either of the parcels, or selling either parcel separately. The current owner now has a separate buyer for each property, and requests that the City release its restrictive covenants on the subject properties, so they made be sold separately. After investigation by the Department of Development, it is recommended that the proposed restrictions be released. Releasing the restrictions has the support of the Victorian Village Commission. The following legislation authorizes the Director of the Department of Development to execute those documents necessary to release certain restrictive covenants, which prohibit the separate sale of the two aforementioned abutting lots.

Fiscal Impact: The Real Estate Division, Department of Law has established $250.00 as the value of the release of the subject restrictive covenants. The aforementioned fee shall be deposited into the proper fund as set forth in the body of this legislation.

Emergency Justification: N/A


Title
To authorize the Director of the Department of Development to execute those documents necessary to release certain restrictive covenants, which prohibit the separate sale of two abutting lots, located at 248 West and 250 West Fourth Avenue.


Body

WHEREAS, In 1970, the City purchased two abutting lots, located at the northwest corner Fourth Avenue and Forsythe Avenue, as part of the Dennison Avenue Conservation Plan; and

WHEREAS, Subsequently, the westernmost property was deemed unbuildable as a separate lot; and

WHEREAS, Upon sale of the lots, the ...