City of Madison, Wisconsin | Legislative Information Center
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File #: 26625    Version: 1 Name: 9470 James Madison Park WDNR Deed Restriction Conversion
Type: Resolution Status: Passed
File created: 6/5/2012 In control: BOARD OF PARK COMMISSIONERS
On agenda: 6/19/2012 Final action: 6/19/2012
Enactment date: 6/20/2012 Enactment #: RES-12-00450
Title: Authorizing the Mayor and City Clerk to execute a Land Use Restriction on 204 South Ingersoll Street (Central Park) simultaneous to the Wisconsin Department of Natural Resources releasing land use restrictions on 640 and 646 East Gorham Street (James Madison Park).
Sponsors: Bridget R. Maniaci, Mark Clear, Joseph R. Clausius, Marsha A. Rummel
Attachments: 1. 9470 204 South Ingersoll.pdf
Fiscal Note
The proposed agreement would restrict the property at 204 South Ingersoll Street to parks usage, thereby prohibiting alternative use of the property without the consent of the Wisconsin Department of Natural Resources.
Title
Authorizing the Mayor and City Clerk to execute a Land Use Restriction on 204 South Ingersoll Street (Central Park) simultaneous to the Wisconsin Department of Natural Resources releasing land use restrictions on 640 and 646 East Gorham Street (James Madison Park).
Body
Pursuant to Resolution No. 49.057, ID No. 11191, adopted by the Common Council on July 7, 1992, the City of Madison acquired 646 East Gorham Street, and pursuant to Resolution No. 49108, ID No. 11444, adopted by the Common Council on July 21, 1992, the City of Madison acquired 640 East Gorham Street (collectively, the “Properties”). On June 21, 1993, the Wisconsin Department of Natural Resources (the “WDNR”) provided the City of Madison with $131,500 in Aids for the Acquisition and Development of Local Parks Program (the “ADLP”) (WDNR Project No. S-ADLP-191) to aid in the acquisition of the Properties. One of the conditions of the receipt of the ADLP funds was that a deed restriction be inserted in the deed for both of the Properties stating:

“By acceptance of this deed, the grantee (the City of Madison”) for itself and its successors and assigns, hereby covenants and agrees not to sell, lease, assign or mortgage the premises herein described without the prior written approval of the Secretary of the Department of Natural Resources, his designee, or any successor.”

By Resolution No. RES-11-00912, File ID No. 23900, adopted on November 1, 2011, the City of Madison Common Council accepted a proposal from Joe Lusson and Aleen Tierney for the purchase of the residential structure at 640 East Gorham Street within James Madison Park and authorized City Staff to negotiate the final terms for the sale of the residential structure and a lease of the land beneath it. ...

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