NUMB:
980272
VERS:
ORIGINAL
XXBY:
THE CHAIR
TITL:
Resolution to vacate a portion of the intersection of North Downer Avenue and North Hackett Avenue in the 3rd Aldermanic District (WP-389) (City Attorney)
BODY:
Whereas, A petition was presented to the Common Council of the City of Milwaukee by Daniel J. Katz and others on the 16th day of June, 1998 for the vacation of a portion of the intersection of North Downer Avenue and North Hackett Avenue; now, therefore be it
Resolved, By the Common Council of the City of Milwaukee, that said petition be and the same is hereby granted and that the following described portion of said intersection; to-wit:
That part of North Downer Avenue and North Hackett Avenue in the Southeast 1/4 of Section 15, Township 7 North, Range 22 East, described as follows: Commencing at the southerly most corner of Lot 7, as originally platted, in Block 6 of Gilman's Subdivision, a recorded subdivision, in said 1/4 Section; thence North 00 degrees 43 minutes 23 seconds West, along the west line of Block 6 and parallel to the west line of said 1/4 Section, 17.00 feet to the point of beginning of the land to be described, said point also being the present southwest corner of Lot 7; thence continuing North 00 degrees 43 minutes 23 seconds West, along the west line of Block 6, 8.11 feet to a point; thence South 89 degrees 16 minutes 37 seconds West, as measured normal to the west line of Block 6, 3.50 feet to a point; thence South 00 degrees 43 minutes 23 seconds East, parallel to the west lines of Block 6 and the 1/4 Section, 72.02 feet to a point; thence North 89 degrees 16 minutes 37 seconds East 4.99 feet to a point; thence North 33 degrees 51 minutes 40 seconds East, parallel to the southeasterly line of Block 6, 55.52 feet to a point; thence North 56 degrees 08 minutes 20 seconds West, as measured normal to said southeasterly line, 19.07 feet to a point lying 8.80 feet southeasterly of, as measured normal to the southeasterly line thence North 33 degrees 51 minutes 40 seconds East, parallel to said southeasterly line, 94.25 feet to a point; thence South 89 degrees 04 minutes 11 seconds West 10.72 feet to a point in said southeasterly line; thence South 33 degrees 51 minutes 40 seconds West, along said southeasterly line, 85.24 feet to a point, said point being the present southeast corner of Lot 7; thence South 89 degrees 16 minutes 37 seconds West, along the present south line of Lot 7, 11.70 feet to the point of beginning.
be and the same hereby is vacated for the reason that the same is of no public utility and the public interest requires the same to be vacated; and be it
Further Resolved, That as provided by Section 80.32(4) of the 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 intersection and in said description of land above described, but such easements and rights and all rights of entrance, maintenance, construction and repair with reference thereto shall continue as if such intersection had not been vacated; and be it
Further Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works be and he is hereby directed, within two months from the date of the adoption of this resolution, to view the aforesaid portion of said intersection vacated, and assess the benefits and damages accruing or arising from said vacation, and to make his report of his assessment of such benefits and damages to the Common Council of the City of Milwaukee, as required by law.
DFTR:
City Atty.
HAS:mm
6/1/98
(WP-389)
10810