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File #: 250148    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 5/13/2025 In control: COMMON COUNCIL
On agenda: Final action: 5/13/2025
Effective date:    
Title: Resolution consenting to the termination of the common ownership requirement of the properties located at 7865 and 7900 North 86th Street as it relates to an existing deed restriction, in the 9th Aldermanic District.
Sponsors: ALD. TAYLOR
Indexes: DEED RESTRICTIONS
Attachments: 1. 7865 and 7900 N. 86th Street, Release of Deed Restriction (04.21.2025).pdf

IMMEDIATE ADOPTION

Number

250148

Version

ORIGINAL

Reference

 

Sponsor

ALD. TAYLOR

Title

Resolution consenting to the termination of the common ownership requirement of the properties located at 7865 and 7900 North 86th Street as it relates to an existing deed restriction, in the 9th Aldermanic District.

Analysis

This resolution authorizes the City of Milwaukee’s consent to the termination of a common ownership restriction of properties located at 7865 and 7900 North 86th Street and release of the existing deed restriction. The City of Milwaukee’s consent is required pursuant to a deed restriction placed on the properties when the City of Milwaukee conveyed the property to the original buyer.

Body

Whereas, On June 7, 1989, the City of Milwaukee (“City”) conveyed the properties located at 7865 and 7900 North 86th Street (“Properties”) to M.B. Partnership (“Owner”) via Quit Claim Deed (“Deed”); and

 

Whereas, The Deeds transferring the Properties included a restrictive covenant that the Properties shall be under common ownership so as to comply with off-street parking requirements established by the City of Milwaukee and which cannot be released and discharged without the approval of the Common Council of the City of Milwaukee; and

 

Whereas, By that certain Deed Restriction dated June 7, 1989 and recorded with the Register of Deeds for Milwaukee County, Wisconsin on June 16, 1989 as Document Number 06285406, the City conveyed to M.B. Partnership certain real properties situated in the City of Milwaukee, County of Milwaukee, State of Wisconsin, being:

 

Parcels 1 and 3 of Certified Survey Map No. 4390, recorded in the office of the Register of Deeds for Milwaukee County, Wisconsin on October 6, 1983 in Reel 1574, Image 309, as Document No. 5659219, being a redivision of Parcel 4 of Certified Survey Map No. 3978, in the Northwest 1/4 of Section 16, Township 8 North, Range 21 East, which Parcels 1 and 3 are referred to as “Parcel A” in the Restriction with the property address of 7865 North 86th Street, Milwaukee, WI

 

Lot 1 of Certified Survey Map No. 8752, recorded in the office of the Register of Deeds for Milwaukee County, Wisconsin on November 25, 2015 as Document No. 10520027, being a redivision of all of Parcel 1 of Certified Survey Map No. 3978 and all of Parcel 1 of Certified Survey Map No. 4467, located in the Northeast 1/4 of the Northwest 1/4 of Section 16, Township 8 North, Range 21 East, which Lot 1 is referred to as “Parcel B” in the Restriction with the property address of 7900 North 86th Street, Milwaukee, WI.; and

 

Whereas, The Owner did place the properties under common ownership with the adjacent parcel as established in the Deed Restriction; and

 

Whereas, The current owner of the Properties wishes to convey the Properties to separate buyers and has requested the City’s consent to the termination of the common ownership requirement and authorizing the execution and recordation of this termination; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that it consents to the termination of the common ownership requirement of the Properties located at 7865 and 7900 North 86th Street; and, be it

 

Further Resolved, By the Common Council of the City of Milwaukee, that it consents to release the restrictive covenant in the Deed Restriction; and, be it

 

Further Resolved, That the City Clerk, City Attorney and any other relevant City officials are directed to take whatever actions are necessary and execute all documents needed to release the restriction contained in the Deed Restriction.

Drafter

DCD:Dave.Misky:dpm

05/13/25/A