Number
050576
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the East Side of North Teutonia Avenue and to authorize acceptance of an offer to exchange and dedicate property with the adjoining owner, located North of West Fairmount Avenue, in the 1st Aldermanic District.
Analysis
This substitute resolution vacates the above portion of street 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 initiated by the City of Milwaukee Real Estate Section for a portion of right-of-way no longer needed. This resolution also authorizes acceptance of an offer to exchange and dedicate property with the adjoining owner. These actions are in conjunction with the repaving project for North Teutonia Avenue.
Body
Whereas, It is proposed that a portion of the East Side of North Teutonia Avenue, located North of West Fairmount Avenue, 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; and
Whereas, Upon vacation, the vacated right-of-way will revert to the ownership of the City of Milwaukee (“City”); and
Whereas, The vacated area adjoins the property at 2812 West Fairmount Avenue and the property owners have offered to exchange the vacated area for a portion of their property that the City needs for the repaving of North Teutonia Avenue; and
Whereas, The City Plan Commission has determined that the vacated area is surplus to municipal needs and previously approved the right-of-way plat for the North Teutonia Avenue repaving project that authorized acquisition of a portion of the site; 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 North Teutonia Avenue in the Southeast 1/4 of Section 36, Township 8 North, Range 21 East, described as follows:
Commencing at the northwest corner of Lot 16 in Block 2 of The Original North Milwaukee Subdivision No. 1, a recorded subdivision, in said 1/4 Section; thence Southerly, along the west line of Lot 16, to a point lying 45.00 feet Northeasterly of, as measured normal to, the following described reference line: Commencing at the southwest corner of the Southwest 1/4 of Section 31, Township 8 North, Range 22 East; thence North 89 deg. 28 min. 01 sec. East, along the south line of said 1/4 Section, 23.81 feet to the point of beginning of the line to be described; thence North 22 deg. 03 min. 56 sec. West 1,428.89 feet to a point; thence North 22 deg. 00 min. 28 sec. West 436.38 feet to the point of termination of the above described reference line; thence North 22 deg. 00 min. 28 sec. West, parallel to said reference line, to a point in the south line of Lot 19 in said Block 2; thence Easterly, along said south line and the westerly extension of the north line of Lot 16, to the northwest corner of Lot 16 and the point of commencement of the above described parcel, 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 portion of street had not been vacated; and, be it
Further Resolved, That upon reversion of ownership to the City, the Commissioner of the Department of City Development, or designee, is authorized to execute the Offer to Exchange, to convey the vacated area to the owner of 2812 West Fairmount Avenue for $1,285 and to acquire the portion needed for the North Teutonia Avenue paving project.
Drafter
DCD:VLK:vlk
12/22/05