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File #: 171861    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 3/27/2018 In control: COMMON COUNCIL
On agenda: Final action: 3/27/2018
Effective date:    
Title: : Resolution approving an assignment and assumption of a Special Permission Agreement for the property located at 3305 South 20th Street from Lakeshore Medical Properties LLC to ARHC AHMLWW101, LLC.
Sponsors: ALD. WITKOWSKI
Indexes: PERMITS
Attachments: 1. Agreement, 2. Exhibit A, 3. Letter to Mayor

                                                                                                                      IMMEDIATE ADOPTION

 

Number:

171861

 

Version:

ORIGINAL

 

Reference

990945

140474

 

Sponsor:

ALD. WITKOWSKI

 

Title:

Resolution approving an assignment and assumption of a Special Permission Agreement for the property located at 3305 South 20th Street from Lakeshore Medical Properties LLC to ARHC AHMLWW101, LLC.

Analysis

This resolution grants city approval of assignment and assumption of a Special Permission Agreement regarding a public right-of-way alley abutting 3305 South 20th Street from Lakeshore Medical Properties LLC to ARHC AHMLWW101, LLC.

 

Body:

 

Whereas, The Common Council adopted Resolution File Number 990945 on October 19, 1999 granting Ohio Medical Development LLC (“Ohio”) special permission to improve and maintain the public alley abutting the property located at 3305 South 20th Street (“the Property”) and to use the public alley to access the Property, and the City and Ohio entered into a Special Permission Agreement (the “SPA”) that was recorded with the Milwaukee County Register of Deeds on January 31, 2000 as document number 38875; and

 

Whereas, The Common Council later adopted Resolution File Number 140474 on June 24, 2014 allowing Ohio, in conjunction with its sale of the Property, to assign its rights under the SPA to Lakeshore Medical Properties LLC (“Lakeshore”), and the City, Ohio and Lakeshore entered into an assignment of the SPA that was recorded with the Milwaukee County Register of Deeds on July 21, 2014 as document number 10378137; and

 

Whereas, Lakeshore owns the Property and Lakeshore is now selling the Property to ARHC AHMLWW101, LLC (“ARHC”), and in conjunction with that sale, Lakeshore wishes to assign its rights and duties under the SPA to ARHC, and ARHC wishes that assignment to take place; and

 

Whereas, The Department of Public Works viewed the alley and has no objection to the special permission continuing or to the proposed SPA assignment to ARHC; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the Common Council consents to the assignment by Lakeshore to ARHC of Lakeshore’s rights and duties under the SPA, and approves appropriate City officers entering into an assignment agreement with Lakeshore and ARHC to that effect that will be recorded in the Register of Deeds Office after ARHC becomes owner of the Property.

 

Drafter:                     

City Attorney

gh/Karen Dettmer

3/22/18