Number
050243
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of public frontage along the South Side of West Grange Avenue located on the West Side of South Honey Creek Drive, in the 13th 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 requested by the abutting landowner, Robert Sockett, to consolidate land with his property to construct a garage.
Body
Whereas, It is proposed that a portion of public frontage along the South Side of West Grange Avenue located on the West Side of South Honey Creek Drive 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 portion of street as indicated by Exhibit A and bound and described by:
That part of the Public Frontage Street as platted in Honey Creek Meadows, a recorded subdivision, in the Northwest 1/4 of Section 36, Township 6 North, Range 21 East, described as follows: Commencing at the northwest corner of Parcel 1 of Certified Survey Map No. 1434; thence Easterly, along the north line of Parcel 1 aforesaid, 107.33 feet to the northeast corner of Parcel 1; thence Northerly, as measured normal to said north line, to a point 55.00 feet South of, as measured normal to, the north line of said 1/4 Section; thence Westerly, parallel to the north line of said 1/4 Section, 106.85 feet to a point in the east line of Certified Survey Map No. 5707; thence Southerly, along said east line, to the point of commencement, 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.
Drafter
DCD:VLK:vlk
12/22/05