Number
12984
Version
Original
Reference
Sponsor
The Chair
Title
Resolution approving the execution of various easements and agreements relative to Westlawn Gardens.
In HACM R. 12925, HACM approved a series of documents relative to Westlawn Gardens and also listed a number of items for future approval on Exhibit A. This resolution approves the execution of the documents listed in Exhibit A.
Analysis
Body
WHEREAS, Westlawn Garden is generally situated to the south of West Silver Spring Drive between North 60th Street and North 68th Street and the Housing Authority of the City of Milwaukee (HACM) is currently proceeding with redevelopment of Westlawn Gardens in cooperation with Westlawn Renaissance LLC (“WR”), WG Scattered Sites LLC (“SS”) and Victory Manor LLC (“VM”); and
WHEREAS, on December 14, 2017, the Board of Commissioners of HACM approved Housing Authority Resolution R-12925 authorizing execution of various easements and agreements, referenced therein as the “City Documents”, pertaining to Westlawn Gardens in the subdivisions known as Westlawn West and Westlawn East, additionally, that resolution contemplated that other easements and agreements would need to be approved by HACM in the future; and
WHEREAS, subsequent to December 14, 2017, discussions between the City of Milwaukee (“City”) DPW and HACM took place about dedicating various HACM-owned outlots in Westlawn West and various VM-owned portions of real estate, intended for public pedestrian use to public right-of-way status and pedestrian mall status, and those discussions require revisions to the City Documents that were previously approved in Resolution No. 12925; and
WHEREAS, in Westlawn East there are certain pedestrian ways that have already been dedicated to the City; and
WHEREAS, on July 10, 2018, City of Milwaukee Common Council File 180571 was introduced to create an ordinance to create a Westlawn Pedestrian Mall involving the outlots in Westlawn West, the pedestrian ways in Westlawn East, and portions of real estate owned by VM, and also on July 10, 2018, Common Council File 180572 was introduced to authorize City to execute various agreements regarding the storm water management, the property owners’ association, public right-of-way and pedestrian mall issues; and
WHEREAS, the revised City Documents and the additional Easements and Agreements authorized and approved by this Resolution are listed on Exhibit A and on file with HACM; and
WHEREAS, pursuant to this Resolution the Commissioners of HACM desire to approve and authorize execution of the Easements and Agreements listed on EXHIBIT A by HACM and by the Executive Director on behalf of WR, SS and VM; now, therefore, be it
RESOLVED, by the Housing Authority of the City of Milwaukee that the Easements and Agreements listed on EXHIBIT A are hereby approved and the proper officers are hereby authorized and directed to execute and deliver such Easements and Agreements in substantially the form on file with HACM or in such form and substance as many be approved by the Secretary-Executive Director; and be it
FURTHER RESOLVED, that the Secretary-Executive Director is hereby authorized and directed to execute and deliver such Easements and Agreements on behalf of WR, SS and VM in substantially the form on file with HACM or in such form and substance as may be approved by the Secretary-Executive Director.
EXHIBIT A
WESTLAWN GARDENS EASEMENTS AND AGREEMENTS
I. CITY AGREEMENTS:
a) Storm Water Management Facility and Mews Maintenance and Easement Agreement
b) Out of Program Agreement
c) Interim Easement
d) Access Easement
e) Declaration of Restrictions and Covenants Regarding Westlawn Gardens
II. ADDITIONAL EASEMENTS AND AGREEMENTS:
a) Declaration of Restrictions Concerning Sprinkler Systems
b) Memorandum of Lease (Silver Spring Neighborhood Center, Inc.)
c) Memorandum of Ground Lease (Browning School)
d) HACM Quit Claim Deed to Dedicate As Public Right-of-Way
e) Victory Manor Quit Claim Deed to Dedicate as Public Right-of-Way
046385-0025\23899110.1
Requestor
Drafter
Housing Management, July 31, 2018