IMMEDIATE ADOPTION
Number
240543
Version
ORIGINAL
Reference
Sponsor
ALD. STAMPER
Title
Resolution for the termination and release of the joining restrictive covenant requiring the property located at 2725 North 20th Street to be joined with the property located at 2721 North 20th Street to create a single tax-key parcel of real estate, said properties being located in the 15th Aldermanic District.
Analysis
This resolution terminates and releases the joining restrictive covenant requiring that the former City-owned property, a vacant side lot having an address at 2725 North 20th Street, be joined to that certain privately-owned adjoining property, a duplex having an address at 2721 North 20th Street to create a single tax-key parcel, pursuant to the certain City-issued Deed dated January 26, 2024 recorded with the Milwaukee County Register of Deeds as Document Number 11400316 on February 16, 2024.
Body
Whereas, The City conveyed the former City-Owned Property at 2725 North 20th Street (“Former City-Owned Property”) to Marc Dykes, subject to the joining restrictive covenant, which required the City-Owned Property to be joined to the duplex having an address at 2721 North 20th Street (the “Adjoining Property”; also sometimes identified as having an address at 2721-23 North 20th Street) to create a single tax-key parcel (the “Combined Property”) pursuant to the certain City-issued Deed dated January 26, 2024 recorded with the Milwaukee County Register of Deeds (“ROD”) as Document Number 11400316 on February 16, 2024 (the “City Deed”); and
Whereas, The City Deed further stated that the Combined Property shall not be divided or separated without the approval of the Common Council of the City of Milwaukee either by resolution or by adoption of a Certified Survey Map and evidenced by the recording with the Milwaukee County Register of Deedsof the Certified Survey Map or by a Release of Restriction by the City of Milwaukee, as grantor, authorizing division or separation; and
Whereas, Marc Dykes had prior sold the Adjoining Property to Annie WMS, LLC pursuant to a deed dated December 29, 2023 (and recorded with the ROD on January 02, 2024 as Document No.11391470), making the joining of the Former City Property and the Adjoining Property impracticable; and
Whereas, A termination and release of the joining restrictive covenant is now being requested given the current respective ownership of the Former City-Owned Property and the Adjoining Property; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the termination and release of the joining restrictive covenant as set forth in the City Deed is hereby approved, and the proper City officials are hereby authorized to issue and execute a Release of Restriction terminating and releasing the joining restrictive covenant and authorizing division or separation of the Former City Parcel and the Adjoining Parcel and the recording of the same as well as execute and record any other ancillary documents and/or agreements in connection therewith.
Drafter
DCD:Deborah.McCollum-Gathing:dmg
07/30/24/A