Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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 Henderson voting __________.

Councilor Huff voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.



Councilor Woodson voting __________.



_____________________________

_________________________

Tiny B. Washington, Clerk of Council , Mayor





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