Number
061392
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of North 22nd Street, at the Northeast corner of the intersection of West Galena Street and North 22nd Street, in the 15th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of street 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 requested by the Department of City Development to create a buildable lot at the intersection of West Galena Street and North 22nd Street.
Body
Whereas, It is proposed that a portion of North 22nd Street, at the Northeast corner of the intersection of West Galena Street and North 22nd 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 portion of street as indicated by Exhibit A and bound and described by:
That part of North 22nd Street in the Southwest 1/4 of Section 19, Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the Westerly extension of the north line of West Galena Street and the Southerly extension of the east line of North 22nd Street, said point being the Southwest corner of Block 3, as originally platted, in Dickerman's Subdivision, a recorded subdivision, in said 1/4 Section; thence North 00 deg. 09 min. 10 sec. East, along said Southerly extension, 138.41 feet to a point in the east line of North 22nd Street and a point of curve; thence Southeasterly, 217.18 feet along the arc of said curve which has a radius of 138.00 feet with its center lying to the Northeast having a central angle of 90 deg. 10 min. 10 sec. and whose chord bears South 44 deg. 55 min. 55 sec. East 195.45 feet to a point in the north line of West Galena Street; thence South 89 deg. 59 min. 00 sec. West, along the Westerly extension of said north line, 138.41 feet 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 portion of street had not been vacated.
Drafter
DCD:AJF:ajf
06/22/07