Number
991923
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a 5-foot wide portion of excess right-of-way on the East Side of North Palmer Street located on the North Side of East Reservoir Avenue to a point approximately 150 feet North, in the 6th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of right-of-way in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation was requested by Tandem Development for future development of townhomes.
Body
Whereas, It is proposed that the 5-foot wide portion of excess right-of-way on the East Side of North Palmer Street located on the North Side of East Reservoir Avenue to a point approximately 150 feet North be vacated pursuant to the provisions of Section 66.297, Wisconsin Statutes; and
Whereas, The Department of Public Works has been authorized and directed to prepare a coordinated report estimating all costs and benefit assessments that will be incurred with this proposed vacation; and
Whereas, This proposed vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portion of right-of-way, as indicated by Exhibit “A” and bound and described by:
That part of North Palmer Street in the Northeast 1/4 of Section 20, Township 7 North, Range 22 East, described as follows:
Commencing at the point of intersection of the south line of East Brown Street and the east line of North Palmer Street; thence Southerly, along said east line and its Southerly extension, to a point 5 feet South of, as measured normal to, the north line of East Reservoir Avenue; thence Westerly, parallel to the Westerly extension of said north line, to a point 5 feet West of, as measured normal to, said east line; thence Northerly, parallel to said east line, to a point in the Westerly extension of the south line of East Brown Street; thence Easterly, along said Westerly extension, to the point of commencement, is vacated; and, be it
Further Resolved, That upon deposit of the funds required, the Commissioner of Public Works and/or the City Engineer are authorized to implement the actions listed in the coordinated report relating to the proposed vacation; and, be it
Further Resolved, That as provided by Section 80.32(4), Wisconsin Statutes, such vacation shall not terminate the easements and rights incidental thereto acquired by or belonging to any county, town, village or city, or to any utility or person in any underground structures, improvements or services, as enumerated or otherwise existing in said description of land above described, both easements and rights and all rights of entrance, maintenance, construction and repair with reference thereto shall continue as if said portion of excess right-of-way had not been vacated.
Drafter
DCD:JRH:vlk
04/24/01