...Explanation
BACKGROUND:
In 1975 the City previously conveyed to Bertha M. Armstrong, real property located at 966-968 Highland Street, Columbus, Ohio 43201 {Franklin County Tax Parcel 010-008848} (“Property”) described and recorded in Deed Volume 3491, Page 473, Recorder’s Office, Franklin County, Ohio (“Deed”). Ordinance Number 1580-75 authorized the City to execute the Deed transferring the Property. Clayton Hall is the current owner of the Property, pursuant to Instrument No. 201305070075301, Recorder’s Office, Franklin County, Ohio. The Property was Disposal Parcel 62 of the Dennison Avenue Conservation Area Urban Renewal Plan R-10, pursuant to Ordinance No. 1129-63, as amended by Ordinance No. 1535-63, as further amended by Ordinance No. 478-65, as further amended by Ordinance No. 1580-69 and recorded in Miscellaneous Record Volume 141, Pages 184-194, and Miscellaneous Record Volume 150, Pages 644-656, Recorder’s Office, Franklin County, Ohio (“Plan”). The Plan required the City to transfer the Property subject to a number of land restrictions, servitudes, and reversionary interests as described in the Deed, including a requirement that the Property not be split or subdivided from the immediately adjacent property, also owned by Bertha Armstrong, being Franklin County Tax Parcel 010-093689 (“Adjacent Property). Mr. Hall, as the current owner of the Property and the Adjacent Property, is requesting all of the City’s land restrictions, servitudes, and reversionary interests in the Deed be released in order to clean the Property’s title, so that he can split and subdivide the Property from the Adjacent Property in order to sell the Property independently of the Adjacent Property. The Department of Finance and Management and Department of Development have reviewed Mr. Hall’s request and determined releasing all of the land restrictions, servitudes, and reversionary interests in the Deed is appropriate, because the Property has been appropriately managed under the Plan.
FISCAL IMPACT:
Not applicable.
EMERGENCY JUSTIFICATION:
Not Applicable
...Title
To authorize the director of the Department of Finance and Management to execute any documents, as approved by the City Attorney, necessary to release and terminate all of the City’s land restrictions, servitudes, and reversionary interests reserved in a deed described and recorded in Deed Volume 3491, Page 473, Recorder’s Office, Franklin County, Ohio, burdening real property located at 966-968 Highland Street, Columbus, Ohio 43201. ($0.00)
...Body
WHEREAS, the City intends to release and terminate all of its land restrictions, servitudes, and reversionary interests reserved in a deed described and recorded in Deed Volume 3491, Page 473, Recorder’s Office, Franklin County, Ohio (i.e. Deed), burdening real property located at 966-968 Highland Street, Columbus, Ohio 43201 {Franklin County Tax Parcel(s) 010-008848} (i.e. Property), because the Property has been appropriately managed pursuant to the Property’s applicable urban renewal plan (i.e. Plan);
WHEREAS, the City intends for the City Attorney to approve of all document(s) executed by City personnel or affecting City interests pursuant to this ordinance;
WHEREAS, an emergency exists in the Department of Finance and Management’s usual daily operations in that it is immediately necessary to release and terminate all of the City’s land restrictions, servitudes, and reversionary interests reserved in the Deed in order to clean the Property’s title, which will allow the Property to be split and subdivided from the immediately adjacent property, being Franklin County Tax Parcel 010-093689 (“Adjacent Property), which will preserve the public peace, property, health, safety, and welfare; and now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. The director of the Department of Finance and Management is authorized to execute any documents necessary to forever release and terminate all of the City’s land restrictions, servitudes, and reversionary interests reserved in a deed described and recorded in Deed Volume 3491, Page 473, Recorder’s Office, Franklin County, Ohio (i.e. Deed), burdening real property located at 966-968 Highland Street, Columbus, Ohio 43201 {Franklin County Tax Parcel(s) 010-008848} (i.e. Property).
SECTION 2. The City Attorney is required to approve all documents executed by City personnel or affecting City interests pursuant to this ordinance.
SECTION 3. This ordinance shall take effect and be in force from and after the earliest period allowed by law.