Title
Resolution to Approve Discharge of Prohibited Restrictive Covenants on Hansen Nature Area and 1146 S. Maple Rd. (8 Votes Required)
Memorandum
As part of a development agreement for Midtown Condominiums, the developer donated a piece of property to be added to Hansen Nature Area. In the course of acquiring this property, the City became aware that the original Hansen Nature Area deed contained an unconstitutional racially restrictive covenant. The Michigan Discharge of Prohibited Restrictive Covenants Act allows property owners to affirmatively remove discriminatory restrictions such as these from deeds and other recorded documents.
As these deed restrictions are inconsistent with Parks and Recreation Services’ goal of providing exceptional experiences for all and ensuring that everyone should feel safe, welcome, and respected in the City Parks, staff recommend recording a discharge with the Washtenaw County Register of Deeds to officially remove these restrictions in the public records from the deeds associated with Hansen Nature Area.
The Park Advisory Commission unanimously supported this discharge at its June 17, 2025 meeting.
In addition, staff recommends removing a similar restriction on 1146 South Maple Road, which the City purchased in 2019 and is currently under contract for sale to Avalon Housing pursuant to Council Resolution R-22-253.
Staff
Prepared by: Josh Landefeld, Parks and Recreation Manager
Reviewed by: Derek Delacourt, Community Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, Parks staff accepted a parkland donation from Midtown Condos adjacent to Hansen Nature Area;
Whereas, While working through the process to accept and add the donation to the City, it was learned that the original Hansen Nature Area property had an existing, prohibited racially restrictive covenant as part of the deeds;
Whereas, Parks and Recreation Services strives to provide exceptional experiences for all Park visitors and residents, regardless of race, age, gender, sexual orientation, income level, ethnicity, or ability;
Whereas, The Park Advisory Commission believes everyone should feel safe, welcome and respected in the City Parks and that removing these prohibitive restrictions from the deeds associated with Hansen Nature Area is consistent with this goal; and
Whereas, The Park Advisory Commission unanimously recommended that City Council approve the removal of prohibited restrictions on Hansen Nature Area at its June 17, 2025 meeting;
RESOLVED, That the Mayor and City Clerk are authorized and directed to execute all discharges necessary to remove all prohibited racial restrictions from the deeds to Hansen Nature Area and 1146 South Maple Road, consistent with the Michigan Discharge of Prohibited Restrictive Covenants Act, in a form approved by the City Attorney; and
RESOLVED, That City Council directs the City Administrator to record the discharges with the Washtenaw County Register of Deeds.