Number
010440
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of North 29th Street located on the Northeast Side of West Fond du Lac Avenue, to declare a Westerly portion of the vacated area surplus to municipal needs and for the City of Milwaukee to convey a portion of the vacated area to the adjoining owner, Schmidt Kil-bac Chemical Company, in the 7th 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 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation has been requested by the City of Milwaukee and is necessary for the West Hadley Street re-alignment as part of the West Fond du Lac Avenue reconstruction. After vacation, the portion of right-of-way that reverts to City ownership will be declared surplus and the Department of City Development will be authorized to convey it to the adjoining owner.
Body
Whereas, It is proposed that a portion of North 29th Street located on the Northeast Side of West Fond du Lac Avenue be vacated pursuant to the provisions of Section 66.297, 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, Said vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; and
Whereas, Upon approval of the vacation, the Westerly portion of the vacated right-of-way will revert to City of Milwaukee ("City") ownership, but the City Plan Commission has determined the land to be surplus to municipal needs and authorized conveyance to the adjoining owner, Schmidt Kil-bac Chemical Company, for no monetary consideration; 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 29th Street in Cawker's Subdivision A, a recorded subdivision, in the Northeast 1/4 of Section 13, Township 7 North, Range 21 East, described as follows:
Commencing at the point of intersection of the northeasterly line of West Fond du Lac Avenue and the east line of North 29th Street; thence Northerly, along said east line and a radial line for a curve to the Southwest, to its point of intersection with the south line of West Hadley Street and a point on said curve; thence Southwesterly, along the arc of said curve with its center lying to the Southeast to a point on the Northwesterly extension of the northeasterly line of West Fond du Lac Avenue, said line being a radial line to said curve; thence Southeasterly, along said Northwesterly extension, to the point of commencement, is vacated and declared surplus to municipal needs; and, be it
Further Resolved, That the Commissioner of the Department of City Development, or assigns, is authorized to execute a deed to the adjoining owner, Schmidt Kil-bac Chemical Company, for the Westerly portion of right-of-way that reverts to the City and that such conveyance shall be for no monetary consideration; 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 street had not been vacated.
Drafter
DCD:JRH:vlk
01/09/02