Agenda Item # 6

Columbus Consolidated Government

Council Meeting

10/28/2014

Agenda Report # 44


TO: Mayor and Council

SUBJECT: Release of Reversionary and Restrictive Clause on Property at 2400 13th Street

INITIATED BY: David Arrington, Deputy City Manager


Recommendation: Authorize the City Manager to release the reversionary and restriction clause included in the Quit Claim deed on property located at 2400 13th Street a/k/a Tax Map 185 051 005.

Background: Resolution 28-09 approved by Council in January 2008 authorized the conveyance of property located at 2400 13th Street to the adjacent property owners. The conveyance of the property included a reversionary and restriction clause that provided the property would revert back to the City if needed for future road improvements and no permanent structures could be built on the property.

Analysis: The property located at 2400 13th Street was convey to the adjacent property owners as approved in Resolution 28-09. The property owners properly re-platted the property into the adjacent lot creating a single lot which included an office building and parking lot. The owners now have plans for the property which will require the property to be utilized as collateral by a bank. The reversionary and restrictive clause in the deed for the property conveyed by the City is a barrier to the owners moving forward with development plans. The City no longer has plans for road improvements to 13th Street in this area. There are no current or future plans for transportation improvements in the area beyond required maintenance.

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

Projected Annual Fiscal Impact Statement: None

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

Recommendations/ Actions: Authorize the City Manager to release the reversionary and restriction clause included in the Quit Claim deed on property located at 2400 13th Street a/k/a Tax Map 185 051 005.


A RESOLUTION

NO. _____


A RESOLUTION AUTHORIZING THE CITY MANAGER TO RELEASE THE REVERSIONARY AND RESTRICTIVE CLAUSE ON THE QUIT CLAIM DEED FOR PROPERTY LOCATED AT 2400 13TH STREET A/K/A 181 051 005.

WHEREAS, in Resolution 28-08 Council approved the conveyance of property located at 2400 13th Street to adjacent property owners; and,

WHEREAS, the conveyance of the property was approved with restrictions to include a reversionary and restrictive clause included in the Quit Claim deed, requiring the property revert back to the City if needed for future road improvements; and,

WHEREAS, the City does not have current or future plans for road improvements in this area and therefore no longer have a need for the property or to maintain the restrictions on the property; and,

WHEREAS, the owners of the property have requested the restrictions on the property approved in Resolution 28-08 be removed to facilitate unencumbered use of the property.

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

The City Manager is hereby authorized to release the reversionary and restrictive clause included in the Quit Claim deed for property located at 2400 13th Street 181 051 005.


___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held the _________ day of _____________ 2014, 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 Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.

_____________________________ _________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor