Number
000891
Version
Substitute 1
Referenve
Sponsor
THE CHAIR
Title
Substitute resolution authorizing City Attorney's Office to pursue necessary legal action to clear property title restriction(s) for purposes of development of the Lynde and Harry Bradley Technology and Trade School and authorizing and approving transfer of jurisdiction of the property from the City to MPS upon resolution of the title restrictions.
Analysis
Subdivision resolution authorizing City Attorney's Office to pursue necessary legal action to clear property title restriction(s) for purposes of development of the Lynde and Harry Bradley Technology and Trade School and authorizing and approving transfer of jurisdiction of the property from the City to MPS upon resolution of the title restrictions.
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Body
Whereas, The City acquired one of the parcels of land on which the Vieau playfield, West National Avenue and South Third Street, was ultimately constructed in 1913 from one Adam Lambart, with the notation in the deed that such parcel was to be used "for the purpose of a public park" ("Subject Parcel"); and
Whereas, The new Lynde and Harry Bradley Technology and Trade School is proposed to be sited in the location of the Vieau playfield and the Subject Parcel; and
Whereas, Milwaukee Public Schools intends to make available lands to the north and east of the new Lynde and Harry Bradley Technology and Trade School for park purposes to replace the loss of the Vieau playfield; and
Whereas, Jurisdiction for the current Vieau playfield has rested with the City of Milwaukee; and
Whereas, The City Attorney's Office may need to commence an action in the Circuit Court of Milwaukee County in order to clear the title on the Subject Parcel from its current use restriction; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Vieau play field located at West National Avenue and South Third Street shall be vacated by the City of Milwaukee and jurisdiction over such lands be conveyed to the Milwaukee Board of School Directors upon the condition that the restrictive covenant affecting the title to the Subject Parcel is released by court action or other legal documents and upon condition that the Milwaukee Board of School Directors make available other comparable lands in order to replace the loss of the current Vieau playfield, and the proper City officers are authorized and directed to execute the necessary documents to convey such jurisdiction to the Milwaukee Board of School Directors; and, be it
Further Resolved, That the City Attorney's Office is authorized and directed to take any and all necessary legal action, including filing an action in the Circuit Court of Milwaukee County, to clear the restrictive covenant affecting the Subject Parcel.
Drafter
City Attorney
HAS:kg
1/10/01
2/7/01 Clerical errors corrected. mbh
33943