Number
101454
Version
ORIGINAL
Reference
Sponsor
ALD. KOVAC
Title
Resolution removing a deed restriction from a former tax-deed vacant lot at 1802-04 North Warren Avenue, in the 3rd Aldermanic District.
Analysis
This resolution will remove a deed restriction imposed by the City of Milwaukee that prohibits division of the property and construction of any principal buildings on the property.
Body
Whereas, The City of Milwaukee (“City”) conveyed to Kevin M. White and Sandra L. White a tax-deed vacant lot at 1802-04 North Warren Avenue (“City Lot”) that adjoined their property at 1800 North Warren Avenue by a Quit Claim Deed dated August 27, 1986 (“Deed”); and
Whereas, The Deed contained restrictions that the City Lot be used as open space, that no principal buildings may be erected thereon and that the City Lot be joined with the buyer's adjoining property to create a single parcel to be used as a unit (collectively “Deed Restrictions”); and
Whereas, The Deed states that it shall be forfeited and that the City Lot shall revert to the City in the event there is a breach of one or more of the Deed Restrictions (collectively, the “Forfeiture Rights”); and
Whereas, The Deed Restrictions and Forfeiture Rights cannot be released except upon approval of the Common Council of the City of Milwaukee; and
Whereas, The City Lot is now part of a larger property identified as 1766-1812 North Warren Avenue that has been developed with the East Village Condominiums on Warren for which a condominium plat was recorded with the Register of Deeds for Milwaukee County; and
Whereas, The entire East Village Condominiums on Warren development was subject to a mortgage foreclosure and has been sold at a sheriff’s sale to J & J Distributors, LLC; and
Whereas, J & J Distributors, LLC has requested a release of the Deed Restrictions and a waiver and disclaimer of the Forfeiture Rights so that it may acquire clear title to the East Village Condominiums on Warren; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Deed Restrictions and Forfeiture Rights contained in the Deed dated August 27, 1986 are hereby released, waived and disclaimed to facilitate conveyance of clear title to the East Village Condominiums on Warren to J & J Distributors, LLC; and, be it
Further Resolved, That the Commissioner of the Department of City Development, or designee, is authorized to execute the necessary legal document(s) to release, waive and disclaim such restrictions and rights.
Drafter
DCD/Real Estate
EMM:bmm
03/23/11/A