Number
040686
Version
SUBSTITUTE
Reference
961836
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to RNC Walker Properties, LLC for encroachment into the public right-of-way of a concrete platform with ramp and excess door swing encroachments for the building at 839 South 5th Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to RNC Walker Properties, LLC to keep, use and maintain a concrete platform with barrier-free access ramp and three excess door swing encroachments, at 839 South 5th Street, that the previous owner had received permission to have.
Body
Whereas, Walker's Point Development Corporation requested a special privilege to construct and maintain a concrete ramped entrance for barrier-free access and to install, use, and maintain three excess door-swing encroachments; and
Whereas, Permission was granted in 1997 by adoption of Common Council Resolution File Number 961836; and
Whereas, RNC Walker Properties, LLC is the current owner; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 961836 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that RNC Walker Properties, LLC, 1900 South Harbor Drive, Milwaukee, Wisconsin 53207 is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 20-foot 5-inch long and 4-foot 4-inch wide concrete ramp and platform with metal handrail on the north side of West Walker Street adjacent to the property at 839 South 5th Street. Said concrete ramp begins at a point approximately 53 feet west of the westline of South 5th Street and encroaches approximately 4-feet 4-inches into the public right-of-way of West Walker Street.
2. To keep, use and maintain three excess door swing encroachments, all located on the north side of West Walker Street, for the property at 839 South 5th Street that, when fully opened, will project into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The door centered approximately 71 feet west of the westline of South 5th Street swings out over the concrete platform and its maximum encroachment is approximately 3-feet 6-inches into the 15-foot wide sidewalk area.
The other two doors are centered approximately 95 and 137 feet west of the westline of South 5th Street, respectively, and their maximum encroachment is approximately 3 feet into the 15-foot wide sidewalk area.
Said items shall be used and maintained to the satisfaction of the Commissioners of Departments of Public Works and Neighborhood Services. Said items shall be removed from the public right-of-way, at such future time as they are no longer needed to the satisfaction of said departments; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $5,000 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $116.27. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
February 14, 2005
040686