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File #: 030935    Version:
Type: Resolution Status: Passed
File created: 11/5/2003 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 12/19/2003
Effective date:    
Title: Substitute resolution authorizing the return of real estate located at 4943-47 W. Fond du Lac Avenue, in the 10th Aldermanic District of the City of Milwaukee to its former owner upon payment of all city and county tax liens and any special improvement bonds, with all interest and penalty thereon and all costs as sustained by the City in foreclosing and managing said real estate. (Kenneth and Lois Luedtke)
Sponsors: THE CHAIR
Indexes: IN REM JUDGMENTS
Attachments: 1. Petition for In Rem Judgment.PDF, 2. City Attorney's Reply.PDF, 3. DNS Reply.PDF, 4. Revised Treasurer's Report.PDF, 5. DCD letter.pdf, 6. Fiscal Note.pdf

Number

030935

Version

SUBSTITUTE 1

Sponsor

THE JUDICIARY AND LEGISLATION COMMITTEE

Title

Substitute resolution authorizing the return of real estate located at 4943-47 W. Fond du Lac Avenue, in the 10th Aldermanic District of the City of Milwaukee to its former owner upon payment of all city and county tax liens and any special improvement bonds, with all interest and penalty thereon and all costs as sustained by the City in foreclosing and managing said real estate. (Kenneth and Lois Luedtke)

Analysis

Permits return of property owned by the City under conditions imposed by Ordinance File Number 901739, passed by the Common Council on July 28, 1992.

Body

Whereas, The property located at 4943-47 W. Fond du Lac Avenue, tax key number 267-0205-000-5, previously owned by Kenneth and Lois Luedtke, has delinquent taxes for 2000-2002 and was foreclosed upon pursuant to Sec. 75.521, Wis. Stats., and a fee simple absolute was obtained in favor of the City of Milwaukee dated October 13, 2003; and

 

Whereas,  Kenneth and Lois Luedtka would like to reclaim said property by paying all City and County real estate taxes, plus accrued interest and penalties to date of payment, and all costs as sustained by the City in the foreclosing and management of said property since October 13, 2003; and

 

Whereas, The Department of Neighborhood Services indicates currently no unabated orders exist on this property and the department has no objections if the property is returned contingent upon the owner properly recording the property prior to its return; and

 

Whereas, The City Treasurer's records show outstanding 2000-2002 taxes, plus interest, penalties and costs; and

 

Whereas, The Department of City Development reports that this property is not suitable for use by a public agency or community based organization.  Said property is occupied and $911 in rent has been collected with administrative costs having been incurred totalling $620.80; and

 

Whereas, The Health Department reported no outstanding orders or notices, and no clean up notices have been issued against this property under Section 80-8 or 17-12 in 2002 or thus far in 2003; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee that in order to return the property at 4943-47 W. Fond du Lac Avenue, a cashier's check must be submitted in the amount indicated by the City Treasurer within forty-five (45) calendar days of the adoption of this resolution; and, be it

 

Further Resolved, That the City Attorney is then authorized to enter into a stipulation with the former owner to reopen and vacate the City's judgment in Milwaukee County Circuit Court Case No. 03CV005029 known as the 2003-01, In Rem Parcel 61, securing the court's order and recording said order with the Milwaukee County Register of Deeds; and, be it

 

Further Resolved, That if the above delinquent taxes, interest, and penalties are not paid within  forty-five (45) calendar days of the adoption of this resolution, this process becomes null and void.

Drafter

CC CC

Lme

11-25-03

030935