Number
001049
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of excess right-of-way on the North Side of East Reservoir Avenue, located in the block bounded by West Brown Street, North Hubbard Street, North Palmer Street and East Reservoir Avenue, in the 6th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of excess right-of-way 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 was requested by Brewers Hill Commons, LLC for future development of townhomes.
Body
Whereas, It is proposed that a portion of excess right-of-way on the North Side of East Reservoir Avenue, located in the block bounded by West Brown Street, North Hubbard Street, North Palmer Street and East Reservoir 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; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portion of excess right-of-way, as indicated by Exhibit A and bound and described by:
That part of North Palmer Street in the Northeast 1/4 of Section 20, Township 7 North, Range 22 East, described as follows:
Commencing at the point of intersection of the east line of North Palmer Street and the north line of East Reservoir Avenue; thence Easterly, along said north line to its point of intersection with the west line of North Hubbard Street; thence Southerly, along the southerly extension of said west line, to a point 5 feet South of, as measured normal to, said north line; thence Westerly, parallel to said north line, to a point in the southerly extension of the east line of North Palmer Street; thence Northerly, along said southerly extension, to the point of commencement, is vacated; 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 excess right-of-way had not been vacated.
Drafter
DCD:JRH:vlk
04/27/01