City of Milwaukee - File #: 101179

• File #: 101179
• Version: 1
• Type: Resolution
• Status: Placed On File
• File created: 1/19/2011
• In control: PUBLIC WORKS COMMITTEE
• Final action: 3/23/2011
• Title: Resolution authorizing and directing the property City of Milwaukee officials to execute a Special Permission Agreement with the Urban Ecology Center, allowing it to take ownership of an existing retaining wall which is partially located in the public right-of-way, adjacent to the premises at 3638-3700 West Pierce Street, in the 8th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS

Date	Ver.	Action By	Action	Result	Tally
3/23/2011	1	COMMON COUNCIL	PLACED ON FILE	Pass	15:0
3/8/2011	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
3/3/2011	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
1/19/2011	0	COMMON COUNCIL	ASSIGNED TO

Number

101179

Version

SUBSTITUTE 1

Reference

090219

101190

Sponsor

THE CHAIR

Title

Resolution authorizing and directing the property City of Milwaukee officials to execute a Special Permission Agreement with the Urban Ecology Center, allowing it to take ownership of an existing retaining wall which is partially located in the public right-of-way, adjacent to the premises at 3638-3700 West Pierce Street, in the 8^th Aldermanic District.

Analysis

This resolution authorizes and directs the proper City of Milwaukee officials to execute an agreement with the Urban Ecology Center, allowing it to take ownership of an existing retaining wall which is partially located in the public right-of-way, adjacent to the premises at 3638-3700 West Pierce Street.

Body

Whereas, The Wisconsin Department of Transportation in a transaction with the Wisconsin Department of Natural Resources, the City of Milwaukee and others, pertaining to the Menomonee Valley Passage portion of the Hank Aaron State Trail, constructed a retaining wall partially located in the public right-of-way, and

Whereas, The Urban Ecology Center acquired the subject premises from the Department of Natural Resources and is requesting permission to keep and maintain that portion of the retaining wall that is in the public right-of-way to allow rehabilitation and expansion of an existing building that will incorporate the wall into the building foundation; and

Whereas, Permission to keep and maintain a retaining wall in public right-of-way can be granted in a Special Permission Agreement; and

Whereas, A Special Permission Agreement has been prepared, which specifies that Urban Ecology Center shall assume all maintenance responsibilities associated with such retaining wall; and

Whereas, Permission to allow the Urban Ecology Center the private use of the public right-of-way for such retaining wall can only be approved by the Common Council; now, therefore, be it

Resolved by the Common Council of the City of Milwaukee, that the proper City of Milwaukee officials are authorized and directed to execute a Special Permission Agreement allowing the Urban Ecology Center to keep and maintain a retaining wall in the West Pierce Street public right-of-way for the premises at 3638-3700 West Pierce Street under the terms and conditions specified in the Special Permission Agreement attached to this resolution and incorporated in this resolution by reference as though set forth in full; and, be it

Further Resolved, That the Special Permission Agreement shall be submitted to the Milwaukee County Register of Deeds for recording against the property described in the Agreement.

Requestor

Department of Public Works

Drafter

Infrastructure Services Division

MDL:ns

February 8, 2011