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File #: 001331    Version:
Type: Resolution Status: Passed
File created: 1/16/2001 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 9/25/2001
Effective date:    
Title: Substitute resolution to vacate West Fairmount Avenue and West Lancaster Avenue both located between North 30th Street and North 31st Street; and a portion of North 30th Street between West Fairmount Avenue and West Lancaster Avenue, in the 1st Aldermanic District.
Sponsors: CHAIR
Indexes: STREET VACATIONS
Attachments: 1. fiscal note.pdf, 2. CPC letter.pdf

Number

001331

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution to vacate West Fairmount Avenue and West Lancaster Avenue both located between North 30th Street and North 31st Street; and a portion of North 30th Street between West Fairmount Avenue and West Lancaster Avenue, in the 1st Aldermanic District.

Analysis

This substitute resolution vacates the above portions of street 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 the Milwaukee Metropolitan Sewerage District for the construction of Lincoln Creek watercourse improvements.

Body

Whereas, It is proposed that West Fairmount Avenue and West Lancaster Avenue both located between North 30th Street and North 31st Street; and a portion of North 30th Street between West Fairmount Avenue and West Lancaster Avenue 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 said vacation; and

 

Whereas, Said 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 portions of street as indicated by Exhibit A and bound and described by:

 

That part of West Fairmount Avenue as platted in North Milwaukee Townsite Company's Addition No. 1, a recorded subdivision, in the Southeast 1/4 of Section 36, Township 8 North, Range 21 East, lying between the east line of North 31st Street extended and the west line of North 30th Street extended.

 

That part of West Lancaster Avenue as platted in North Milwaukee Townsite Company's Addition No. 1, a recorded subdivision, in the Southeast 1/4 of Section 36, Township 8 North, Range 21 East, lying between the east line of North 31st Street extended and the east line of said subdivision.

 

That part of North 30th Street as platted in North Milwaukee Townsite Company's Addition No. 1, a recorded subdivision, in the Southeast 1/4 of Section 36, Township 8 North, Range 21 East, lying between the easterly extension of the south line of West Lancaster Avenue and the southwesterly extension of the northerly line of Original North Milwaukee Subdivision No. 1, a recorded subdivision, in said 1/4 Section, 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 actions listed in the coordinated report relating to said vacation; and, be it

 

Further Resolved, That as provided by Section 80.32(4), Wisconsin Statutes, said 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 portions of street had not been vacated.

Drafter

DCD:JRH:vlk

06/01/01