Number
030133
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the North Side of East St. Paul Avenue from a point West of North Water Street to the Milwaukee River, in the 4th 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 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation was requested by the Historic Third Ward Association for construction of facilities related to the Historic Third Ward Riverwalk project.
Body
Whereas, It is proposed that a portion of the North Side of East St. Paul Avenue from a point West of North Water Street to the Milwaukee River 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, Said vacation has been reviewed in accordance with Sections 81-116-1 and 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:
Commencing at the point of intersection of the present westerly line of North Water Street and the present northerly line of East St. Paul Avenue; thence South 83 deg. 23 min. 34 sec. West, along said present northerly line, 134.53 feet to the point of beginning of the land to be described; thence South 83 deg. 23 min. 34 sec. West, along the southwesterly extension of said present northerly line, to a point in the dock line of the left bank of the Milwaukee River, established per Ordinance No. 754, Common Council File No. 63-3847-a, adopted on March 17, 1964; thence North 01 deg. 01 min. 56 sec. East, along said dock line, to its point of intersection with the present northerly line of East St. Paul Avenue; thence South 68 deg. 03 min. 05 sec. East, along said present northerly line, 37.30 feet to the point of beginning, 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 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:JRH:vlk
11/26/03