Number
130450
Version
ORIGINAL
Reference
Sponsor
ALD. BAUMAN
Title
Resolution authorizing the release of deed restrictions and forfeiture rights from the property at 3320 West Kilbourn Avenue, in the 4th Aldermanic District.
Analysis
This resolution will release deed restrictions and forfeiture rights imposed by the City of Milwaukee that require use of a property as open space and prohibits division of and construction of any principal building on the property.
Body
Whereas, The City of Milwaukee (“City”) owned a tax-deed vacant lot at 3312-14 West Kilbourn Avenue and conveyed it to Peter Lee and Karen Levy, by Quit Claim Deed dated September 9, 1999, to be combined with their adjoining property at 3320 West Kilbourn Avenue; and
Whereas, The City Deed contained restrictions that the City Lot be used as open space, that no principal buildings may be erected thereon and that the City Lot be joined with the buyer's adjoining property to create a single parcel to be used as a unit (collectively, “Deed Restrictions”); and
Whereas, The City Deed stated that the Deed shall be forfeited and that the City Lot shall revert to City ownership in the event there is a breach of one or more of the Deed Restrictions (collectively, the “Forfeiture Rights”); and
Whereas, The Deed Restrictions and Forfeiture Rights cannot be released except upon approval of the Common Council of the City of Milwaukee; and
Whereas, The owners of 3320 West Kilbourn Avenue, Peter Lee and Karen Levy, wish to convey a portion of the property to the adjoining property owner to the east, but need the Deed Restrictions and Forfeiture Rights released in order to do so; and
Whereas, The Department of City Development (“DCD”) recommends release of the Deed Restrictions and Forfeiture Rights to facilitate this conveyance; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Release of the Deed Restrictions and Forfeiture Rights for the property at 3320 Wes...
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