Number
070792
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the North-South alley in the block bounded by West Wells Street, West Wisconsin Avenue, North 19th Street and North 21st Street, in the 4th 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 Quarles & Brady LLP, on behalf of the owner, to improve access to accessory surface parking associated with future development of a student housing building.
Body
Whereas, It is proposed that a portion of the North-South alley in the block bounded by West Wells Street, West Wisconsin Avenue, North 19th Street and North 21st Street 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 62.73, 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 and bound and described by:
That part of the North-South alley and cul-de-sac as presently laid out in the Northwest 1/4 of Section 30, Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the north line of the South 1/2 of Lot 8 in Block 239 of Subdivision Into City Lots of 20.558 Acres of Land, a recorded subdivision, in said 1/4 Section, and the east line of said Lot 8; thence Easterly, along the easterly extension of said north line, to a point in the west line of Lot 3 in Block 239 of Subdivision of 5.00 Acres, a recorded subdivision, in said 1/4 Section; thence Southerly, along the west line of Lot 3, to a point in the north line of the South 33.00 feet of Lot 3; thence Easterly, along said north line, to a point in the east line of the West 22.00 feet of Lot 3; thence Southerly, along said east line and its extension, to a point in the south line of the North 3.00 feet of Lot 4 in said Block 239; thence Westerly, along said south line and its extension, to a point in the east line of Lot 7 in Block 239 of said Subdivision Into City Lots of 20.558 Acres of Land; thence Northerly, along the east line of Lot 7 and Lot 8 in said Block 239 of Subdivision Into City Lots of 20.558 Acres of Land, to the point of commencement, 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 the Commissioner of Public Works and/or the City Engineer are authorized to implement the actions listed in the coordinated report relating to said vacation and when a money deposit is required, it must be deposited prior to implementing said actions; and, be it
Further Resolved, That as provided by Section 62.73, 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:AJF:ajf
11/26/07