Number
040091
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the South leg of alley in the block bounded by East Clybourn Street, North Broadway, East St. Paul Avenue and North Water Street, in the 4th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of alley in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.73, Wisconsin Statutes, and Section 308-28, Milwaukee Code of Ordinances. This vacation was requested by the Historic Third Ward Association to support the development of a public market.
Body
Whereas, It is proposed that the South leg of alley in the block bounded by East Clybourn Street, North Broadway, East St. Paul Avenue and North Water Street be vacated pursuant to the provisions of Section 66.73, 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, 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 alley as indicated by Exhibit A and bound and described by:
That part of the North-South 14.00 foot wide alley as platted in Block 6 of Plat of Milwaukee, recorded subdivision, in the Southwest 1/4 of Section 28, Township 7 North, Range 22 East, lying between the north line of East St. Paul Avenue extended and a line lying 269 feet South of and parallel to the south line of East Clybourn Street, is vacated; 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 actions listed in the coordinated report relating to said vacation; and, be it
Further Resolved, That as provided by Section 840.11, Wisconsin Statutes, and Section 308-28-6.a., Milwaukee Code of Ordinances, a lis pendens has been filed and recorded with the Milwaukee County Register of Deeds office; 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 alley had not been vacated.
Drafter
DCD:JRH:vlk
08/19/04