Title
Resolution to Approve Discharge of Prohibited Restrictions from Allmendinger Park Deeds
Memorandum
In the beginning of 2023, Councilmember Harrison requested background regarding the history of Allmendinger Park and the associated naming of the park. Staff reviewed the archives and found that the deeds for the lots donated by the Allmendinger family state that the lots be used for public park purposes and that they bear the name of Allmendinger Park. However, staff also found that deeds to additional lots within the park contained racial restrictions either on the deeds themselves or by reference to other deeds that contain racial restrictions.
These restrictions date from the early 20th century and such restrictions have since been deemed illegal and are not enforceable. However, as these restrictions are inconsistent with Ann Arbor Parks and Recreation’s goal to provide exceptional experiences for all and ensure that everyone should feel safe, welcome, and respected in the City Parks, staff worked with the City Attorney’s Office to determine what actions could be taken to get these removed.
On December 13, 2022, the State of Michigan enacted the Discharge of Prohibited Restrictive Covenants Act, which allows Michigan property owners and Michigan community associations to record a discharge that affirmatively removes discriminatory restrictions from deeds and other recorded documents. Parks staff have worked with the City Attorney’s Office to prepare a Discharge of Prohibited Restrictions form for all the Allmendinger properties with the restrictions.
Staff recommend recording the Discharge of Prohibited Restrictions form with the Washtenaw County Register of Deeds to officially remove these restrictions in the public records from the deeds associated with Allmendinger Park.
The Park Advisory Commission unanimously supported the discharge at their April 18, 2023 meeting.
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 was approached to look into the history and naming of Allmendinger Park;
Whereas, Staff review found that the deeds for the lots donated by the Allmendinger family state that the lots be used for public park purposes and that they bear the name of Allmendinger Park;
Whereas, Staff also found that deeds to additional lots within the park contained racial restrictions either on the deeds themselves or by reference to other deeds that contain racial restrictions;
Whereas, The lots with restrictions are within Oak Crest Subdivision: Lots 147, 148, 149, 150, 151, 152, 153 and 154;
Whereas, The other deeds for Lots 14 and 15 in J.H. Brown’s Addition and Lots 269, 270 and 271 in Allmendinger Heights Addition did not contain race restrictions;
Whereas, On December 13, 2022, the State of Michigan enacted the Discharge of Prohibited Restrictive Covenants Act, which allows Michigan property owners and Michigan community associations to record a discharge that affirmatively removes discriminatory restrictions from deeds and other recorded documents;
Whereas, The City of Ann Arbor 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 Allmendinger Park is consistent with this goal; and
Whereas, The Park Advisory Commission unanimously recommended that City Council approve removal of these prohibited restrictions and initiate the process to submit necessary paperwork for the removal at the April 18, 2023 meeting;
RESOLVED, That the Mayor and City Clerk are authorized and directed to execute discharges removing all racial restrictions from the deeds to Allmendinger Park, 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.