NUMB:
991482
VER:
SUBSTITUTE
REF:
82-1987
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Alfonso L. Tolocko to maintain a building encroachment and a false mansard-type structure, which encroach into the public right-of-way of West Bobolink Avenue, at the building located at 5902-40 North 76th Street, to now change the name of the grantee of the special privilege to 76th Street Plaza, LLC, in the 2nd Aldermanic District in the City of Milwaukee.
ANLS:
___________________________________________________________
- Analysis -
This resolution amends a special privilege granted to Alfonso L. Tolocko to maintain a building encroachment and a false mansard-type structure, which encroach into the public right-of-way of West Bobolink Avenue at the building located at 5902-40 North 76th Street, to now change the name of the grantee of the special privilege to 76th Street Plaza, LLC. ___________________________________________________________
BODY:
Whereas, Alfonso L. Tolocko was granted a special privilege under Common Council Resolution File Number 82-1987, on April 26, 1983, to maintain a building encroachment and a false mansard-type structure, which encroach into the public right-of-way of West Bobolink Avenue at the building located at 5902-40 North 76th Street ; and
Whereas, The current name of the present owner of the property is 76th Street Plaza, LLC, and should now be named as the grantee of the special privilege; and
Whereas, The building encroachment and mansard-type structure may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 82-1987 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that 76th Street Plaza LLC, N80 W14151 St. George Court, Menomonee Falls, WI 53051 is hereby granted the following special privilege:
To keep and maintain a building and a false mansard-type structure which encroach into the north public sidewalk area of West Bobolink Avenue. Said building encroachment extends for a distance of approximately 41.2 feet east from a point approximately 74.9 feet east of the eastline of North 76th Street. The building encroaches from zero to a maximum of 0.40 feet into the 13-foot wide public sidewalk area of West Bobolink Avenue. The false mansard-type structure provides a minimum of 10.6 feet vertical clearance above the sidewalk grade, and its projection varies from 2.1 to 2.75 feet into the public way for a distance of approximately 57.1 feet, extending west from a point approximately 116.1 feet east of said eastline.
Said encroachments shall be maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
Said items shall be removed from the public right-of-way, at such future time that they are no longer needed, to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, 76th Street Plaza, LLC, 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 $10,000.00 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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 $178.92. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JJM:cjt
March 6, 2000
991482