Agenda Item # 1

Columbus Consolidated Government
Council Meeting

July 26, 2016

Agenda Report # 09


TO: Mayor and Councilors

SUBJECT: Release of Restrictive Clause on Property located at 18 11th Street

INITIATED BY: Community Reinvestment

Recommendation: Approval is requested to release a restrictive clause included in the Warranty deed on the property located at 18 11th Street a/k/a/Tax Map 004 017 009. The restrictive clause was added to the Warranty deed stating the City reserves the right to utilize 4,594 square feet of the first floor of the building for office space on a rent and maintenance free fee basis for a period of five years from July 1, 2001. The City no longer occupies the first floor of the building and this will allow Columbus Housing Initiative to dispose of this building and relocate to a new office building that will be constructed on the corner of Veterans Parkway and 6th Street.

Background: On October 12, 2001, Columbus Consolidated Government sold the property located at 18 11th Street to Columbus Housing Initiative, Inc. a.k.a. Neighborworks Columbus, Inc. for $225,000. Per the original sales contracts, a restriction was added to the Warranty deed stating the City reserves the right to utilize 4,594 square feet of the first floor of the building for office space on a rent and maintenance free fee basis for a period of five (5) year from July 1, 2001. The City no longer occupies the first floor of the building, and the five-year period expired on June 30, 2006. Columbus Housing Initiative is in the process of trying to sell this building to construct a new office building on the corner of Veterans Parkway and 6th Street and this restriction needs to be removed in order to dispose of it.

Analysis: The restrictive clause in the deed for this property conveyed by the City is a barrier to the owners moving forward with their relocation plans. The City no longer occupies any space in this building and has no future plans to do so. The removal of this restriction will allow Columbus Housing Initiative to dispose of this building and relocate to a new office building that will be constructed on the corner of Veterans Parkway and 6th Street.

Financial Considerations: The release of this restriction will not have a financial impact since the City does not have a planned use for the property.

Legal Considerations: Council must approve all matters related to real estate.

Recommendations: Approval is requested to release a restrictive clause included in the Warranty deed on the property located at 18 11th Street a/k/a/Tax Map 004 017 009. The restrictive clause was added to the Warranty deed stating the City reserves the right to utilize 4,594 square feet of the first floor of the building for office space on a rent and maintenance free fee basis for a period of five years from July 1, 2001. The City no longer occupies the first floor of the building and this will allow Columbus Housing Initiative to dispose of this building and relocate to a new office building that will be constructed on the corner of Veterans Parkway and 6th Street.


A RESOLUTION
NO. ________

A RESOLUTION AUTHORIZING THE CITY MANAGER TO RELEASE A RESTRICTIVE CLAUSE INCLUDED IN THE WARRANTY DEED ON THE PROPERTY LOCATED AT 18TH STREET A/K/A TAX 004 017 009.

WHEREAS, on October 12, 2001, Columbus Consolidated Government sold the property located at 18 11th Street to Columbus Housing Initiative, Inc. a.k.a. Neighborworks Columbus, Inc. for $225,000; and,

WHEREAS, a restrictive clause was added to the Warranty deed stating the City reserves the right to utilize 4,594 sf of the first floor of the building for office space on a rent and maintenance free fee basis for a period of five (5) year from July 1, 2001; and,

WHEREAS, Columbus Housing Initiative, Inc. a.k.a. Neighborworks Columbus, Inc. has requested that this restriction be released in order to sell the building and relocate to a new office building; and,

WHEREAS, the City no longer occupies any space in this building and has no future plans to do so.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That the City Manager is hereby authorized to release a restrictive clause included in the Warranty deed on the property located at 18 11th Street a/k/a/Tax Map 004 017 009.

______________

Introduced at a regular meeting of the Council of Columbus, Georgia, held the _________ day of _____________, 2016 and adopted at said meeting by the affirmative vote of ____________ members of said Council.


Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting __________.
Councilor Garrett voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor Thomas voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.



_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor