Number
061386
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution releasing the slope and maintenance easement located along the south side of East North Avenue between North Humboldt Avenue and North Commerce Street in the 6th Aldermanic District.
Analysis
This resolution releases the slope and maintenance easement along the south side of East North Avenue between North Humboldt Avenue and North Commerce Street. This easement was put in place in 1991 when the North Avenue Viaduct over the Milwaukee River was constructed. Subsequently, development has occurred on this parcel and a building was constructed up to the property line. At that time the easement was no longer applicable, however it was never formally released.
Body
Whereas, Slope and Maintenance easement document Number 6455948 was recorded on February 7, 1991 in conjunction with the construction of the North Avenue Viaduct, granting the City of Milwaukee the right of entry to construct, operate and maintain said structure; and
Whereas, The slope and maintenance easement is located on land currently owned by Jonex Corporation, an affiliate of Roundy's and is described in detail as follows:
That part of Lots 1 and 2 of Certified Survey Map No. 7175 in the Northeast ¼ of Section 21, Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the present south line of East North Avenue and the west line of North Commerce Street, said point being the northeast corner of said Lot 1; thence Southerly, along said east line, 43.46 feet to a point; thence South 81°55'22" West 163.04 feet to a point; thence South 86°46'57" West 250.20 feet to a point; thence North 48°56'22" West 67.27 feet to a point; thence North 85°12'58" West 50.25 feet to a point; thence North 00°55'36" West 20.00 feet to a point in the present south line of East North Avenue; thence Easterly, along said present south line, to the point of commencement.
; and
Whereas, Development has occurred on this parcel and a building was constructed up to the East North Avenue right-of-way, thereby making this easement invalid; and
Whereas, It was the intent to release the easement at the time of this development on this parcel, however it was never formally released; now, therefore, be it
Resolved, That the Common Council of the City of Milwaukee, hereby releases the slope and maintenance easement, Document Number 6455948, as recorded February 7, 1991, located along the south side of East North Avenue between North Humboldt Avenue and North Commerce Street as described above; and, be it
Further Resolved, That the City Engineer is hereby authorized and directed to have a certified copy of this resolution recorded in the office of the Milwaukee County Register of Deeds.
Requestor
Department of Public works
Drafter
Infrastructure Services Division
MDL:lja
February 15, 2007
Slope and Maintenance Agreement