Number
040846
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the East-West leg of alley in the block bounded by South Barclay Street, East Mineral Street, East Washington Street and the Soo Line Railroad right-of-way, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of 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 requested by Stack Design Group on behalf of the owner, George Vomberg, to consolidate land for building code conformance for a storage building.
Body
Whereas, It is proposed that a portion of the East-West leg of alley in the block bounded by South Barclay Street, East Mineral Street, East Washington Street and the Soo Line Railroad right-of-way 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 840.11, 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 alley as indicated by Exhibit A (attached to this file)and bound and described by:
All that part of the East-West alley in the block bounded by South Barclay Street, East Mineral Street, East Washington Street and the Soo Line Railroad Company right-of-way in the Southeast 1/4 of Section 32, Township 7 North, Range 22 East, lying between the Northerly extension of a line 183 feet East of and parallel to the present east line of South Barclay Street and its Easterly terminus, 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 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 portion of alley had not been vacated.
Drafter
DCD:JRH:vlk
01/13/05