Number
081518
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate West Glendale Avenue from North 35th Street easterly to its terminus, in the 1st Aldermanic District.
Analysis
This substitute resolution vacates the above street right-of-way 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 the Milwaukee Metropolitan Sewerage District. The District recently completed the Lincoln Creek Watercourse Improvements, Reach 3 Project, and this street right-of-way is no longer needed or used.
Body
Whereas, It is proposed that West Glendale Avenue from North 35th Street easterly to its terminus 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 street right-of-way as indicated by Exhibit A and bound and described by:
All of West Glendale Avenue as presently laid out in the Northeast 1/4 of Section 1, Township 7 North, Range 21 East, lying between a line drawn from the point of intersection of the present north line of West Glendale Avenue with the east line of North 35th Street to the point of intersection of the present south line of West Glendale Avenue with the east line of North 35th Street and the east line of the 100-foot wide Soo Line Railroad Company right-of-way, said line also being the southeasterly extension of the westerly line of Block 27 of North Milwaukee Town-Site Company's Addition No. 2, a recorded subdivision, in said 1/4 Section 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 street right-of-way had not been vacated.
Drafter
DCD:AJF:ajf
07/10/09