NUMB:
970382
VERS:
SUBSTITUTE 2
REF:
XXBY:
TITL:
Substitute resolution releasing certain reversionary rights of the City of Milwaukee in property owned by Milwaukee County to enable the County to declare such land surplus and available for disposition to the adjacent landowner.
ANLS:
-Analysis-
Adoption of this substitute resolution will authorize the appropriate City officials to execute a quit claim deed or other instrument of release as the City Attorney may recommend for purposes of removing certain restrictions contained in deeds from the City of Milwaukee to Milwaukee County dated December 22, 1939 and January 4, 1991 in connection with a 0.7 acre parcel of land located at 910 East Wisconsin Avenue, provided that Milwaukee County agrees to provisions of an intergovernmental cooperation agreement relating to consideration for such action. Release of the restrictions will facilitate a declaration by the County that the land is surplus and available for disposition and will permit the sale of such parcel, as surplus park land, to the adjoining property owner.
BODY:
Whereas, In the letter dated May 30, 1997, from Mr. Earl Hawkins, Director, Department of Administration, Milwaukee County, to City Clerk, Ronald D. Leonhardt, included as part of this file, Mr. Hawkins requests, on behalf of the County, that certain deed restrictions and reversionary rights contained in deeds from the City to the County for parcels of former City park lands be released; and
Whereas, The subject parcels of land ("Parcels") are situated in the northeast quadrant of the intersection of East Wisconsin Avenue and North Prospect Avenue, which lands previously served as a statuary site for the monument-type statue of Abraham Lincoln now located in front of the War Memorial Center, and are more particularly described as:
Parcel A:
Lots 4, 5 and the South 18 feet of Lot 3 and all of Lot 6, except for streets, but including the East 40 feet of the vacated street adjoining said Lots on the West, Block 100 of Plat of Milwaukee on the East Side of the River, in the Northwest 1/4 of Section 28, Town 7 North, Range 22 East, in the City of Milwaukee, County of Milwaukee, State of Wisconsin.
Parcel B:
Lots 4, 5, 6 and the South 18 feet of Lot 3, except for streets, Block 100, in Diedrich's Subdivision, all in the Northwest 1/4 of Section 28, Town 7 North, Range 22 East, in the City of Milwaukee, County of Milwaukee, State of Wisconsin.
Tax Key No. 392-1681-100-7 Street Address: 910 East Wisconsin Avenue; and
Whereas, The Northwestern Mutual Life Insurance Company ("NML"), the adjacent property owner, has entered into an agreement with the County to acquire such Parcels at fair market value in order to incorporate the Parcels into its adjacent property; and
Whereas, By deeds dated December 22, 1939 and January 4, 1991, such Parcels were part of park lands conveyed to the County by the City for park and recreational purposes subject to the restriction, among others, that such lands would revert to the City if the lands were not used for public park or park-like purposes; and
Whereas, The County's agreement with NML for disposition of such Parcels requires that the deed restriction and reversionary covenant be released; and
Whereas, The City is supportive of the County's intent to convey said Parcels to NML in order to unify the NML campus in the interest of orderly future growth planning, which is in the economic interest of the City, provided however, that the County give due consideration to the City for the release requested; and
Whereas, The Commissioner of City Development recommends that agreement by the County to convey County-owned lands in the vicinity of South 43rd Street and West Morgan Avenue, commonly referred to as Cherokee Point, to the City and further the provision of $250,000.00 to the City for site preparation and related purposes for Cherokee Point, upon terms satisfactory to the Commissioner of City Development, is sufficient to constitute due consideration; and
Whereas, Since a portion of the current roadway and/or sidewalk of North Prospect Avenue on the west side encroaches on the Parcels, the agreement with the County should also provide that this situation be corrected so that the City is dedicated such lands for right-of-way purposes;now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the proper City officials are hereby authorized and directed to execute a quit claim deed or such other instrument of release as the City Attorney may recommend, removing the public park use only restriction and releasing the reversionary rights now encumbering the Parcels for purposes of facilitating disposition of the Parcels to NML, conditioned on the County entering into an intergovernmental cooperation agreement with the City, execution of such agreement by the proper City officers is specifically authorized by this resolution if the agreement is in form and content acceptable to the Commissioner of the Department of City Development and the City Attorney and provides that the County convey to the City those County-owned lands in the vicinity of South 43rd Street and West Morgan Avenue, commonly referred to as Cherokee Point and provides that $250,000.00 be provided to the City for site preparation and related purposes at Cherokee Point, upon terms satisfactory to the Commissioner of City Development, and further provides for dedication of the lands determined necessary by the City Engineer for North Prospect Avenue (west side) right-of-way purposes; and, be it
Further Resolved, That the quit claim deed or instrument of release be issued and delivered to the County upon the County approving and executing the aforementioned intergovernmental cooperation agreement and upon such sale being completed within two (2) years from the date of the adoption of this resolution; and, be it
Further Resolved, That if the sale and conveyance of such Parcels from the County to the adjacent property owner does not take place within such two (2) years, this authorization for the removal of the use restriction and the release of the reversionary rights shall be null and void.
DFTR:
City Attorney
7/24/97
HAS:bal
hstein/910EWis4.res
void.