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File #: 240552    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 7/30/2024 In control: COMMON COUNCIL
On agenda: Final action: 7/30/2024
Effective date:    
Title: Resolution releasing certain deed restrictions related to the 1997 conveyance of the property at 119 West Lloyd Street, now known as 113 West Lloyd Street, and authorizing the City of Milwaukee Department of City Development to enter into an agreement or agreements with the owner of the property at 113 West Lloyd Street, in the 6th Aldermanic District.
Sponsors: ALD. COGGS

IMMEDIATE ADOPTION

Number

240552

Version

ORIGINAL

Reference

 

Sponsor

ALD. COGGS

Title

Resolution releasing certain deed restrictions related to the 1997 conveyance of the property at 119 West Lloyd Street, now known as 113 West Lloyd Street, and authorizing the City of Milwaukee Department of City Development to enter into an agreement or agreements with the owner of the property at 113 West Lloyd Street, in the 6th Aldermanic District.

Analysis

This resolution releases deed restrictions placed on a property at the time of sale in 1997, and imposes new restrictions by mutual agreement of the parties, to be recorded at the register of deeds.

Body

Whereas, The City of Milwaukee (“City”) previously owned a vacant lot property known as 119 West Lloyd Street, now combined and known as 113 West Lloyd Street (“The Property”); and

 

Whereas, The City sold The Property in 1997 with a quit claim deed that contained certain restrictions (Recorded document number 7402813 at the Milwaukee County Register of Deeds); and

 

Whereas, The 1997 quit claim deed imposed restrictions that The Property be combined with the buyer’s property, the property could not be divided from the buyer’s property, and that The Property could not have a principal building erected on it without the approval of the Common Council of the City of Milwaukee; and

 

Whereas, The Property is a vacant lot with no existing improvements; and

 

Whereas, The current owner of The Property, Vera Property Management, LLC (“The Owner”), would like to subdivide the property by certified survey map and redevelop The Property; and

 

Whereas, The Owner is still subject to the same deed restrictions as the 1997 buyer; and

 

Whereas, The Owner agrees to follow all applicable building codes and the City of Milwaukee Zoning Code; and

 

Whereas, The Property is subject to the Brewer’s Hill Harambee Neighborhood Conservation Overlay District which stipulates development and design standards for new buildings erected within the Overlay; and

 

Whereas, The Owner has voluntarily agreed to the terms of a new agreement to be recorded at the Milwaukee County Register of Deeds that prohibits The Owner and any subsequent owners from using any of the units at the duplex as a Tourist Rooming House for a period of twenty years following the date of the agreement; and

 

Whereas, Tourist Rooming House is the State of Wisconsin terminology for what is commonly referred to as short-term rental and vacation rental use; and

 

Whereas, The Owner has presented preliminary plans to the City of Milwaukee Department of City Development (“DCD”) and committed to working further with DCD to refine all plans prior to permitting; and

 

Whereas, The local Alderperson is supportive of the construction of two new duplexes on The Property and the new agreement to be recorded prohibiting the units from being used as Tourist Rooming House use on the Property; and

 

Whereas, To accomplish their development goals, The Owner must have the deed restrictions from the 1997 deed waived by the Common Council; now, therefore, be it

 

Resolved; By the Common Council of the City of Milwaukee; that the proper City officials are authorized to execute all documents necessary to release the deed restrictions proscribed in the 1997 deed; and, be it

 

Further Resolved, That the proper City officials are authorized to enter into and record an agreement with The Owner that prohibits use of the housing units on The Property as Tourist Rooming House units; and, be it

 

Further Resolved, That the proper City officials are authorized to execute all other documents necessary to accomplish the intent of this resolution.

Drafter

DCD:David.Misky:dpm

07/30/24/A