Number
070503
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the Southerly West leg of alley in the block bounded by West Lapham Boulevard, South 9th Street, West Historic Mitchell Street and South 10th Street, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above alley in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 62.73, Wisconsin Statutes, and Section 308-28, Milwaukee Code of Ordinances. This vacation was initiated by the owner of the Goldmann's Building for additional parking.
Body
Whereas, It is proposed that the Southerly West leg of alley in the block bounded by West Lapham Boulevard, South 9th Street, West Historic Mitchell Street and South 10th Street be vacated pursuant to the provisions of Section 62.73, 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, That as provided by Section 62.73, Wisconsin Statutes, a lis pendens must be filed with the Milwaukee County Register of Deeds; and
Whereas, Said vacation has been reviewed in accordance with Section 308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that said alley as indicated by Exhibit A and bound and described by:
That part of the Southerly 12.00-foot wide East-West alley as platted in Block 142 of L. W. Week's Subdivision, a recorded subdivision, in the Northwest 1/4 of Section 5, Township 6 North, Range 22 East, described as follows: Commencing at the northeast corner of Lot 18 in said Block 142; thence Westerly, along the north line of Lots 18 through 22 inclusive in said Block 142, to the northwest corner of Lot 22; thence Northerly, to the southwest corner of Lot 23 in said Block 142; thence Easterly, along the south line of Lot 23, to the southeast corner of Lot 23; thence Southerly, to the point of commencement, is vacated; and, be it
Further Resolved, That a notice of pendency of said vacation has been recorded at the Milwaukee County Register of Deeds and the Commissioner of the Department of City Development may request a release of the lis pendens without Common Council action if said vacation is not approved; and, be it
Further Resolved, That the Commissioner of Public Works and/or the City Engineer are authorized to implement the actions listed in the coordinated report relating to said vacation and when a money deposit is required, it must be deposited prior to implementing said actions; and, be it
Further Resolved, That as provided by Section 62.73, 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 alley had not been vacated.
Drafter
DCD:AJF:ajf
11/26/07