Number
040326
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of excess right-of-way at the Northeast Corner of West Lincoln Avenue and South 14th Street, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of excess 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 abutting owner, Ramon Orozco, in conjunction with the Lincoln Village Business Association to develop an outdoor plaza and parking area.
Body
Whereas, It is proposed that a portion of excess right-of-way at the Northeast Corner of West Lincoln Avenue and South 14th 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, Said coordinated report finds the total benefit assessments along the West Lincoln Avenue and West Windlake Avenue frontages to be $10,933.04; and
Whereas, The Department of City Development requests that said benefit assessments be waived since the proposed vacation is located within a Mainstreet Program Area; 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 excess right-of-way as indicated by Exhibit A and bound and described by:
That part of South 14th Street in Burnham, Rogers and Becher’s Subdivision and Burnham, Rogers and Becher’s Subdivision No. 3, recorded subdivisions, in the Southeast 1/4 of Section 6, Township 6 North, Range 22 East, described as follows:
Commencing at the point of intersection of the east line of South 14th Street and the north line of West Lincoln Avenue; thence Westerly, along the westerly extension of said north line, to a point lying 66.00 feet West of, as measured normal to, said east line; thence Northerly, parallel to said east line, to a point in the southwesterly extension of the southeasterly line of West Windlake Avenue; thence Northeasterly, along said southwesterly extension, to its point of intersection with the east line of South 14th Street; thence Southerly, along said east line, to the point of commencement, is vacated; and, be it
Further Resolved, That said benefit assessments are hereby waived; and, be it
Further Resolved, That upon deposit of the remainder of funds required, 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, be it
Further Resolved, That as provided by Section 80.32(4), 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 excess right-of-way had not been vacated.
Drafter
DCD:JRH:vlk
10/04/05