City of Milwaukee - File #: 050708

• File #: 050708
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 9/27/2005
• In control: PUBLIC WORKS COMMITTEE
• Final action: 11/14/2006
• Title: Substitute resolution to vacate the West leg of the East-West alley located on the East Side of North Teutonia Avenue and North of West Stark Street, in the 1st Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: ALLEY VACATIONS

Date	Ver.	Action By	Action	Result	Tally
11/21/2006	1	MAYOR	SIGNED
11/14/2006	1	COMMON COUNCIL	ADOPTED	Pass	15:0
10/31/2006	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
10/27/2006	1	CITY CLERK	DRAFT SUBMITTED
10/26/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/30/2005	0	PUBLIC WORKS COMMITTEE	REFERRED TO
9/27/2005	0	COMMON COUNCIL	ASSIGNED TO

Number

050708

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

Substitute resolution to vacate the West leg of the East-West alley located on the East Side of North Teutonia Avenue and North of West Stark Street, in the 1st Aldermanic District.

Analysis

This substitute resolution vacates the above leg 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 North End Beverage to consolidate land for expansion of an existing business for surface parking due to loss of parking as part of the North Teutonia Avenue street widening.

Body

Whereas, It is proposed that the West leg of the East-West alley located on the East Side of North Teutonia Avenue and North of West Stark 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, That as provided by Section 840.11, 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; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that said leg of alley as indicated by Exhibit A and bound and described by:

That part of the Southerly 15.00-foot wide East-West alley as platted in Block 8 of The Original North Milwaukee Subdivision No. 1, a recorded subdivision, in the Southeast 1/4 of Section 36, Township 8 North, Range 21 East, lying between the present easterly line of North Teutonia Avenue extended and the southerly extension of the east line of Lot 29 in said Block 8, 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 may request a release of the lis pendens without Common Council action if said vacation is not approved; 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 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 leg of alley had not been vacated.

Drafter

DCD:VLK:ajf

10/26/06