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HomeMy WebLinkAboutRequest for issuance of Disclaimer of interest or quitclaim deed to 323 South Wallace Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT: Request for issuance of Disclaimer of Interest or Quitclaim Deed to property located at or adjacent to 323 South Wallace. MEETING DATE: November 5, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Consider request from residents Jeffrey & Katherine Ball and make a formal determination on direction to staff with respect to the property at issue. A favorable motion may read, “I move to direct staff to initiate the steps necessary to disclaim interest in the 25’x 150’ strip of land on the westerly portion of property described as 323 South Wallace Ave.” BACKGROUND: Jeffrey and Katherine Ball reside at 323 South Wallace, property that was formerly described as Lots 31 through 35 in Block E, Rouse’s 2nd Addition. [See attachments 1, 2] Rouse’s 2nd Addition was filed for record on October 3, 1881, and depicts an alleyway between the 300 and 400 blocks of South Wallace and South Church. There is no known record of the alley right-of-way being dedicated to the City. The plat also was recorded by Daniel Rouse six years after he had deeded the subject property to a third party. There exists, therefore, a defect in the City’s title to the alley right-of-way. The Commission’s authority over streets generally provides the authority to vacate those streets. Ordinarily, however, petition is required to be made to the Commission who may by ordinance or resolution order a street vacated. In certain circumstances a court may order a street vacated if, for example, a street has not been accepted by public authority, in which instance a resolution by the City authorizing vacation is not required. The City has vacated right-of-way in certain circumstances, and also denied such requests. In this instance there was once a physical alley. However, the deed chain shows that prior to the filing of that plat map the parcel that the Balls would eventually acquire was set out and established and each subsequent deed description through the years encompassed the portion of land that was platted as a 25’ wide alley. The Balls acquired their property in 1993, and in 1996 applied to the City for a minor site plan and certificate of appropriateness to build a garage with a two- bedroom apartment. During a hearing on the matter a former City planner ‘acknowledged’ that the alley did not exist. The alley was subsequently blocked with the construction of a fence, which precludes access to or from the south of Ball’s property. There is no record of any discussion or complaint about the blocked alley again until late 2003. It was at that time the City was making plans to improve the parking area at Peet’s Hill. A concern was expressed that the alley would be blocked at its southern terminus, effectively closing off access to all homes south of Balls. In June, 2004, the Commission reviewed a sketch plan application for the construction of the parking lot and related site improvements at the base of Peet’s Hill. The Commission delayed action in order to explore additional options for the property. In August 2005, an appropriation of $1.125 million from the federal transportation bill was awarded for parking facilities, bicycle and pedestrian enhancements and landscaping on the new Library site. The Peet’s Hill parking lot design was incorporated into the Library site enhancement and Milwaukee Road Rail Trail CTEP project. The parking lot design was approved by the library board in June, 2006, and by the Commission on November 20, 2006. In March, 2007, the City granted an access easement for the properties on South Church through the Peet’s Hill parking lot to the alley in Block E of Rouses 2nd Addition. [Attachment 3] During the Commission deliberations on the parking lot some of the adjacent owners asked that the closed portion of the alley be addressed. At that meeting the Commission, aware of the legal shortcomings associated with the plat, specifically declined to direct staff to devote time to that issue. Last year Mr. Brian Gallik, representing the Balls, wrote to me requesting a recommendation on a request to put the issue of the existence of the alley to some sort of resolution. We discussed the alternatives – a formal vacation process, a quitclaim, or some other City action stating concurrence with the notion that there currently is no record of an alley right-of-way. Based on those discussions the Balls now formally request that, following a public hearing, the City prepare a disclaimer of interest. Given the defects in title, a formal vacation is not recommended. The Balls have agreed to provide proper notice to all persons whose property abuts upon the alley affected by the proposed action, of the time and place to appear and object if they wish to do so. UNRESOLVED ISSUES: The City had made improvements to the portion of the alley beginning near the boundary of 323 South Wallace extending south to its terminus at the Peet’s Hill parking area. The physical access exists; however, it does not meet all standards for fire access. The City recently reviewed and approved redevelopment of property abutting the alley right of way in question (property south of 323 South Wallace.) In that application the landowner added a garage with guest quarters requiring access from the alley. Due to the limited access the applicant was required to address fire code requirements separately. ALTERNATIVES: 1. No action. If the Commission declines to act favorably the landowners may determine to initiate a quiet title action of their own. 2. Direct staff to prepare an ordinance to effect a quitclaim deed to the property. 3. Direct staff to prepare an ordinance to effect a disclaimer of interest in the property. FISCAL EFFECTS: Public service personnel do not currently provide solid waste services in the alley way. Report compiled on: October 25, 2012 Attachments: Property location Maps Letter from Property Owners Letter from Mr. Brian Gallik S CHURCH AVE E OLIVE ST S WALLACE AVE E CURTISS ST BUTTONWOOD AVE 200 0 200100 Feet ¯1 inch = 150 feet Legend Parcels 323 S. Wallace Ave. 214 215 216 217 218 219 220 221 222 223 224 225 226 227