City of Milwaukee - File #: 041677

• File #: 041677
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 4/12/2005
• In control: PUBLIC WORKS COMMITTEE
• Final action: 5/3/2005
• Title: Resolution authorizing and approving a temporary limited easement to the Wisconsin Department of Transportation and a temporary limited easement agreement for purposes of Marquette Interchange reconstruction work, affecting Milwaukee Public Schools property at 1124 North 11th Street in the 4th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS, EASEMENTS, EXPRESSWAYS, MILWAUKEE PUBLIC SCHOOLS, WISCONSIN DEPARTMENT OF TRANSPORTATION

Date	Ver.	Action By	Action	Result	Tally
5/12/2005	0	MAYOR	SIGNED
5/3/2005	0	COMMON COUNCIL	ADOPTED	Pass	12:0
4/20/2005	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
4/14/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
4/14/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
4/14/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
4/12/2005	0	COMMON COUNCIL	ASSIGNED TO

Number

041677

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

Resolution authorizing and approving a temporary limited easement to the Wisconsin Department of Transportation and a temporary limited easement agreement for purposes of Marquette Interchange reconstruction work, affecting Milwaukee Public Schools property at 1124 North 11^th Street in the 4^th Aldermanic District.

Analysis

This Resolution authorizes the City, on behalf of the Board of School Directors of the Milwaukee Public Schools (MPS) under Wis. Stat. § 119.60(2), to enter into a temporary limited easement (TLE) Agreement with the Department of Transportation (DOT) and to convey to DOT a TLE for Marquette Interchange reconstruction work concerning the MPS premises at 1124 North 11^th Street.

Body

Whereas, The Wisconsin Department of Transportation ("DOT"), with the power of condemnation, wishes to acquire 6,191 square feet of temporary limited easement  ("TLE"), which TLE parcel is part of 1124 North 11^th Street, Tax Key No. 391-0261-111-3 for purposes of Marquette Interchange reconstruction work involving the north-leg segment; and

Whereas, The DOT, Milwaukee Public School ("MPS") officials, and City officials met with respect to this matter; and

Whereas, The City Attorney's Office helped to negotiate the "Temporary Limited Easement - Vacated 10^th Street" Agreement (the "Agreement") that is part of this file and that pertains to the TLE; and

Whereas, This matter, including the Agreement, was considered and approved by the Board of School Directors of MPS in the MPS Board's March, 2005 meeting; and

Whereas, The MPS Board issued to the City a written request under Wis. Stat. § 119.60(2) directing and authorizing the conveyance of the TLE to DOT on the terms and conditions reflected in the Agreement (or on terms and conditions substantially similar thereto); now, therefore, be it

Resolved, That the Common Council of the City of Milwaukee approves the City entering into said Agreement in accordance with the MPS Board request and the City conveying the TLE to DOT in furtherance thereof; and, be it

Further Resolved, That the Common Council authorizes and approves the proper City officials executing such Agreement and taking such further actions as may be deemed necessary or required to effectuate the purposes of the same; and, be it

Further Resolved, That, in accordance with Wis. Stat. § 119.60(1), and the MPS Board resolution and MPS Board Policy 5.01, the $6,537.68 proceeds of the TLE shall not go into the general City fund but shall become part of the school-construction fund for school purposes, and the $12,918 shall be paid to MPS's Division of Facilities and Maintenance to reimburse it for expenses incurred to accommodate the TLE.

Requestor

City Attorney

Drafter

GCH

March 21, 2005

1089-2003-3901:91195