Number
121462
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the alley in the block bounded by West Hampton Avenue, West Jeffrey Court, North Lovers Lane Road and North 110th Street, in the 5th 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 the Milwaukee Department of Public Works as part of a project by the Wisconsin Department of Transportation ("WISDOT") to make improvements to the intersection of West Hampton Avenue and North Lovers Lane Road/North Mayfair Road and authorizes acceptance of compensation from WISDOT.
Body
Whereas, It is proposed that a portion of the alley in the block bounded by West Hampton Avenue, West Jeffrey Court, North Lovers Lane Road and North 110th Street be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and
Whereas, The Department of Public Works has been 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; and
Whereas, The Wisconsin Department of Transportation ("WISDOT") has submitted to the City of Milwaukee an offer to purchase the access rights in the amount of $200 as just compensation; 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:
All that part of the north-south 30-foot wide alley in Block 1 of Gerald E. Wichman Subdivision No. 1, a recorded subdivision, in the Southeast 1/4 of Section 31, Township 8 North, Range 21 East, described as follows: Commencing at the intersection of the present north line of West Hampton Avenue and the southwesterly extension of the westerly line of Lot 6 in said Block 1; thence Northeasterly, along said westerly line and its extension, 160.39 feet to the most westerly northwest corner of said Lot 6; thence Northwesterly, as measured normal to the westerly line of Lot 6 aforesaid, 30.00 feet to a point in the westerly line of said subdivision; thence Southwesterly, along the westerly line of said subdivision, to a point in the present north line of West Hampton Avenue; thence Easterly, along said north line extended, 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 ("DCD") 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; and, be it
Further Resolved, That the Commissioner of DCD, or designee, is authorized to execute the offer to purchase the access rights that was presented by WISDOT and to deposit the proceeds in the General Fund.
Drafter
DCD:EAR:ear
05/07/13