Number
230961
Version
SUBSTITUTE 1
Reference
82-911, 82-911a, 82-911c, 050633
Sponsor
ALD. COGGS
Title
Substitute resolution releasing certain deed restrictions related to the 1984 conveyance of the property at 228 East Brown Street, now known as 232 East Brown Street, and authorizing the City of Milwaukee Department of City Development to enter into an agreement or agreements with the owner of the property at 232 East Brown Street in the 6th Aldermanic District.
Analysis
This substitute resolution releases deed restrictions placed on a property at the time of sale in 1984, and imposes new restrictions by mutual agreement of the parties, to be recorded at the register of deeds.
Body
Whereas, The City of Milwaukee (“City”) previously owned a vacant lot property known as 228 East Brown Street, now combined and known as 232 East Brown Street (“The Property”); and
Whereas, The City declared The Property surplus in 1982 and listed the Property for sale; and
Whereas, The City sold The Property in 1984 with a quit claim deed that contained certain restrictions (Recorded document number 5738475 at the Milwaukee County Register of Deeds); and
Whereas, The 1984 quit claim deed imposed restrictions that The Property be combined with the buyer’s property, the property could not be divided from the buyer’s property, and that The Property could not have a principal building erected on it without the approval of the Common Council of the City of Milwaukee; and
Whereas, The structure owned by the 1984 buyer has since been demolished, and
Whereas, The Property is now a vacant lot with no existing improvements; and
Whereas, The current owner of The Property, Chelsea W23, LLC (“The Owner”), would like to subdivide the property by certified survey map and build two two-unit (duplex) structures on The Property; and
Whereas, The Owner is still subject to the same deed restrictions as the 1984 buyer; and
Whereas, The Owner has met with the neighborhood and been responsive to the concerns of the neighborhood; and
Whereas, The Owner agrees to follow all applicable building codes and the City of Milwaukee Zoning Code; and
Whereas, The Property is subject to the Brewer’s Hill Harambee Neighborhood Conservation Overlay District which stipulates development and design standards for new buildings erected within the Overlay; and
Whereas, The Owner has voluntarily agreed to the terms of a new agreement to be recorded at the Milwaukee County Register of Deeds that prohibits The Owner and any subsequent owners from using any of the units at the duplex as a Tourist Rooming House for a period of twenty years following the date of the agreement; and
Whereas, Tourist Rooming House is the State of Wisconsin terminology for what is commonly referred to as short-term rental and vacation rental use; and
Whereas, The Owner has presented preliminary plans to the City of Milwaukee Department of City Development (“DCD”) and committed to working further with DCD to refine all plans prior to permitting; and
Whereas, The local Alderperson is supportive of the construction of two new duplexes on The Property and the new agreement to be recorded prohibiting the units from being used as Tourist Rooming House use on the Property; and
Whereas, To accomplish their development goals, The Owner must have the deed restrictions from the 1984 deed waived by the Common Council; now, therefore, be it
Resolved; By the Common Council of the City of Milwaukee; that the proper City officials are authorized to execute all documents necessary to release the deed restrictions proscribed in the 1984 deed; and, be it
Further Resolved, That the proper City officials are authorized to enter into and record an agreement with The Owner that prohibits use of the housing units on The Property as Tourist Rooming House units; and, be it
Further Resolved, That the proper City officials are authorized to execute all other documents necessary to accomplish the intent of this resolution.
Drafter
DCD:Amy.Turim:aet
11/06/23