Number
040245
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance granting an airspace lease to New Land Enterprises, LLP for a portion of a building to extend over the lot line for balconies, bays and a canopy for the Sterling Condominiums located at 1815 North Farwell Avenue in the 3rd Aldermanic District, and to declare such an airspace lease to be in the public interest.
Analysis
In accordance with state law, this ordinance will grant an airspace lease to New Land Enterprises, LLP for portions of a building at 1815 North Farwell Avenue to extend over sidewalk area of East Royall Place and North Farwell Avenue.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1: FINDINGS. In accordance with the provisions of s.66.0915(4), Stats., (2001-2002), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee enter into a lease with New Land Enterprises, LLP for the purpose of enabling New Land Enterprises, LLP to construct and maintain portions of a building at 1815 North Farwell Avenue to extend over the sidewalk area of East Royall Place and North Farwell Avenue, with the lowest part of that portion not less than ___ feet above the sidewalk area consisting of not more than ___ feet in width, __ feet of projection, and ___ feet in height, and the Common Council of the City of Milwaukee hereby finds that said space above the above-described streets is not needed for street, alley or other public purposes provided that the lessee meet certain conditions by the City of Milwaukee.
Part 2: The Common Council of the City of Milwaukee further finds that the public interest will be served by such leasing inasmuch as the building will continue to aid in the development of the area and convenience of the public; and that New Land Enterprises, LLP will at its own expense bear the cost of any relocating, reconstructing and abandonment of private and public improvements in the street as may become necessary.
Part 3: A copy of such lease is attached hereto and is made part of Common Council File No. 040245.
Part 4: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
Part 5: This ordinance shall take effect and be in full force from and after its passage and publication.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
City Attorney
LUB:wt:82414
1031-2004-1769