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CONSIDERATION OF LIFTING OF RESTRICTIONS CONTAINED IN RESTRICTIVE COVENANT AND JOURNAL ENTRY FOR PROPERTY AT 6609 N WOODLAWN.
Presented by: Justin M. Waggoner, Assistant County Counselor.
RECOMMENDED ACTION: First, authorize the County Counselor’s Office to prepare, and the Chairman to sign, a document that would remove restrictions contained within the Declaration of Restrictive Covenants, such that said document is to be recorded with the Register of Deeds. Second, authorize the County Counselor’s Office to file a motion within Case No. 98 C 3245 and effectuate any other documents to be filed with the District Court that would remove restrictions upon the use of the property included within the Journal Entry of Judgment dated August 18, 1999.
PUBLIC COMMENT
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Boop, LLC, owner of the property at 6609 N. Woodlawn (“the Property”), has requested the removal of conditions limiting the usage of the Property that are contained within a restrictive covenant and a journal entry.
In May 1998, County Code Enforcement notified a prior landowner, Maurice Caster d/b/a Caster Excavating, that certain activities onsite violated the County’s zoning regulations. Mr. Caster appealed that determination to the County BZA, which upheld the position put forth by Code Enforcement. The owner filed a lawsuit in November 1998, challenging the enforcement of that decision in Sedgwick County District Court.
In August 1999, the District Court awarded judgment in favor of the County, and enjoined Mr. Caster from conducting metal recycling on the Property, from dumping construction debris on the Property, and then ordered the activities on the Property to be limited to matters generally related to Mr. Caster’s excavating, demolition, and construction business.
In addition to the aforementioned journal entry, also in August 1999, the landowner filed a restrictive covenant as part of the settlement of the litigation in which the owner agreed to certain restrictions on acti...
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