Number
020420
Version
SUBSTITUTE 1
Reference
000591
Sponsor
CHAIR
Title
Substitute resolution authorizing entry into various agreements concerning the extension of West Pittsburgh Avenue and the creation of new South 20th Street, south of West Canal Street, in the 8th Aldermanic District.
Analysis
Resolution authorizes City entry into Purchase and Sale Agreement, Stipulation Agreement, and Temporary Construction Easement Agreement with Soo Line Railroad Company (doing business as Canadian Pacific Railway) ("CP Rail"), and, contingent upon requisite approval by the Redevelopment Authority of the City of Milwaukee ("RACM") and also subsequent approval by the Common Council of RACM's land-disposition report, City entry into the "Pittsburgh Avenue/South 20th Street Road Agreement" (also herein called the "Master Contract") among City, RACM, and the Forest County Potawatomi Community of Wisconsin ("Tribe"), regarding the construction and development of an extension of West Pittsburgh Avenue and a new South 20th Street, south of West Canal Street, in the 8th Aldermanic District.
Body
Whereas, Per the Site Plan attached to the file as Exhibit A, Tribe wants to extend West Pittsburgh Avenue and create new South 20th Street south of West Canal Street (the "Road Project"); and
Whereas, The Purchase and Sale Agreement, Stipulation Agreement, and Temporary Construction Easement Agreement attached to the file, respectively, as Exhibits B, C, and D (the "Railroad Documents") have been negotiated with CP Rail, and approved by Tribe, whereby: CP Rail would quit-claim deed dedicated public right-of-way interests to the City for the Road Project (orange on Site Plan); CP Rail would undertake certain construction work associated with new South 20th Street traversing CP Rail railway tracks; and City would pay CP Rail for the dedication and for CP Rail's construction work; and
Whereas, Per the "Master Contract" attached to the file as Exhibit E, Tribe would agree to cover and pay for all City's costs under the Railroad Documents, Tribe offers to purchase from RACM certain RACM land at 301 South 19th Street, Tribe agrees to pay for, and construct, per City standards, the new South 20th Street and West Pittsburgh Avenue extension contemplated by the Road Project, and Tribe agrees to undertake certain other duties and expense associated with the Road Project (including: dedicating the green area on the Site Plan; accepting title to the purple area after the road has been built and after the purple area has been vacated; possibly accepting title to the yellow area if Tribe does not buy the RACM land at 301 South 19th Street; etc.); and
Whereas, Also per the Master Contract, City agrees to contribute toward the Road Project as per section 3.8 thereof, and RACM would dedicate the pink area on the Site Plan for street purposes; and
Whereas, The Master Contract also calls for signature as to attached approvals by each of Emmpak, Foods, Inc. (RACM's tenant on the RACM parcel at 301 South 19th Street with a right of first refusal in that parcel) and by CMC Heartland Partners (CMC would dedicate the blue area on the Site Plan); and
Whereas, As paragraph 3.1. of the Master Contract shows, the Master Contract would supercede the Memorandum of Understanding that the Tribe, in the past, had proposed, and that the City had previously approved by Common Council File No. 000591 (passed 9/22/00), which Memorandum was never executed; now, therefore, be it
Resolved, That City hereby approves and authorizes City entry into and City execution, by the appropriate City employees, of the Railroad Documents and Master Contract, in the same or substantially the same form as that attached to the file as exhibits, and such acts as are contemplated and required under those documents so that the agreements therein may be carried out – contingent upon RACM approval of the Master Contract and the land disposition associated with RACM's dedicating the pink area on the Site Plan for public street purposes and RACM's possible sale of 301 South 19th Street as per Section 1 of the Master Contract, and contingent upon City Common Council approval of RACM's land disposition report (the foregoing contingencies are herein called the "Contingencies"); and, be it
Further Resolved, That in the event the Contingencies are satisfied and the documents hereby approved are entered: (a) that appropriate funds be appropriated from appropriate accounts to be determined by the City Comptroller and the Department of Public Works to pay for the City-required work associated with the Road Project as set forth in section 3.8 of the Master Contract; and (b) that CP Rail's quit-claim deed to dedicate the orange area on the Site Plan for street purposes may, and shall be, accepted and recorded in the Milwaukee County Register of Deeds Office and filed with the State of Wisconsin Department of Financial Institutions.
Requestor
City Attorney
Drafter
City Attorney
Gregg C. Hagopian
7/01/2002
54541