Number
990509
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the South Side of West St. Paul Avenue, located East of North Plankinton Avenue, in the 4th Aldermanic District.
Analysis
This substitute resolution vacates a portion of street in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation was requested by Jim Minelli to provide additional cueing area for the car wash.
Body
Whereas, It is proposed that the South Side of West St. Paul Avenue, located East of North Plankinton Avenue be vacated pursuant to the provisions of Section 66.297, 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 this proposed vacation; and
Whereas, This proposed vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; and
Whereas, This resolution removes one of the Eastern existing driveway approaches located on West St. Paul Avenue; and
Whereas, The owner has agreed to grant a 15-foot wide Riverwalk easement to the City of Milwaukee for public purposes; and
Whereas, The Office of the City Attorney of the City of Milwaukee has drafted the necessary Riverwalk Easement Agreement for the Department of City Development ("DCD"); now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portion of street as indicated by Exhibit A and bound and described by:
That part of West St. Paul Avenue in the Southeast 1/4 of Section 29, Township 7 North, Range 22 East, described as follows:
Commencing at the point of intersection of the present easterly line of North Plankinton Avenue and the present south line of West St. Paul Avenue, said point lying 11 feet South 89 deg. 45 min. 53 sec. East of the northwest corner of Lot 1 as platted in Block 146 of Fraction or Lot 6, a recorded subdivision, in said 1/4 Section; thence South 89 deg. 45 min. 53 sec. East, along said south line 99.15 feet to a point; thence North 09 deg. 02 min. 51 sec. East 22.31 feet to a point; thence North 85 deg. 10 min. 33 sec. West 43.21 feet to a point; thence South 67 deg. 01 min. 37 sec. West 64.73 feet to the point of commencement, is vacated; and, be it
Further Resolved, That upon deposit of the 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 the proposed vacation; and, be it
Further Resolved, That the owner has provided the DCD with the proper legal descriptions and plats of survey depicting the easement area; and, be it
Further Resolved, That the DCD is directed to execute the Riverwalk Easement Agreement; and, be it
Further Resolved, That as provided by Section 80.32(4), Wisconsin Statutes, such 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 street had not been vacated.
Drafter
DCD:JRH:vlk
11/09/01