Number
060184
Version
ORIGINAL
Reference
Sponsor
ALD. WITKOWIAK
Title
Resolution removing a deed restriction from the two properties located at 806 South 3rd Street and 810 South 3rd Street to permit sale of the property at 810 South 3rd Street.
Analysis
This resolution removes a deed restriction which has the effect of combining two residential properties, preventing a sale of one without the other. The Owner owns both properties and imposed the deed restriction in 2002 to obtain City permission to construct garages at the rear of each property. Due to a change in the zoning code and issuance of a variance by the Board of Zoning Appeals, the garages are now code compliant without the necessity of maintaining the deed restriction. Removal of the deed restriction will permit Owner to sell one of the properties.
Body
Whereas, J. Dain Maddox (the “Owner”) is the owner of two separate, residential properties located at 806 South 3rd Street and 810 South 3rd Street (each, a “Parcel”); and
Whereas, In early 2002, Owner sought permission to construct two detached, two-car garages one each at the rear of each of the Parcels (the “Garages”); and
Whereas, Due to the size of each Parcel, Owner found it impossible to design garages that conformed to zoning requirements for minimum setback and allowable areas of construction on each Parcel; and
Whereas, The City determined later in 2002 that a deed restriction encumbering each Parcel to combine such Parcels for zoning code compliance purposes would permit construction of the two Garages; and
Whereas, Owner, by instrument dated April 1, 2002 and recorded April 3, 2002 at the Milwaukee County Register of Deeds Office as Document No. 8255327, encumbered the Parcels with a deed restriction (the “Deed Restriction”), combining the Parcels for zoning code compliance purposes and preventing the sale of any less than both Parcels at the same time to the same purchaser; and
Whereas, In October 2002, the zoning code was amended such that each Garage is compliant with the area limitation set forth in the zoning code for the Parcel upon which it is located; and
Whereas, In April 2006, the City Board of Zoning Appeals granted Owner a variance (the “Variance”) in respect of the minimum setback requirements for the location of both Garages; and
Whereas, The Deed Restriction is no longer necessary for each Garage to be fully compliant with the zoning code and the Variance, but the Deed Restriction continues to encumber the Parcels, preventing the sale of one Parcel apart from the other Parcel; and
Whereas, The Deed Restriction provides that it “shall run to and be enforceable by the City of Milwaukee;” and
Whereas, Owner now wishes to sell the Parcel located at 810 South 3rd Street while retaining the Parcel located at 806 South 3rd Street, but cannot do so as long as the Deed Restriction continues to encumber the Parcels and so has requested the City to remove, release and terminate the Deed Restriction; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of the Department of City Development, or his designee, is hereby authorized to execute the necessary legal documents to remove, release and terminate the Deed Restriction from both Parcels, so as to permit Owner to convey the Parcel located at 810 South 3rd Street.
Requestor
City Attorney
Drafter
KPS:ms
May 25, 2006
1050-2006-1397:105880