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File #: 101454    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 3/23/2011 In control: COMMON COUNCIL
On agenda: Final action: 3/23/2011
Effective date:    
Title: Resolution removing a deed restriction from a former tax-deed vacant lot at 1802-04 North Warren Avenue, in the 3rd Aldermanic District.
Sponsors: ALD. KOVAC
Indexes: DEED RESTRICTIONS

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