Number
051019
Version
SUBSTITUTE
Reference
631924a
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to MB Real Estate, LLC, for encroachment into the public right-of-way of items previously granted permission and grants permission for encroachment into the public right-of-way of three bollards for the building at 2214 North 35th Street, in the 15th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to MB Real Estate, LLC for encroachment into the public right-of-way of two excess door swings, an excessive building roof overhang and three bollards.
Body
Whereas, Kohl’s Food Stores, Garfield, Inc., requested permission to maintain encroachment into the public right-of-way of two excess door swings and an excessive building roof overhang for its building at 2214 North 35th Street; and
Whereas, Permission was granted in 1963 under Common Council Resolution File Number 631924a; and
Whereas, A site visit revealed the presence of three bollards located in the public right-of-way in the abutting North/South alley; and
Whereas, For liability to be transferred to the current owner, the Common Council needs to adopt an amending resolution; and
Whereas, The bollards may only legally project into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 631924a is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that MB Real Estate, LLC, 2322 West Oak Street, Milwaukee, Wisconsin 53206 is hereby granted the following special privileges:
1. To keep and maintain three bollards which are located in a public north/south alley in the block bounded by North 34th Street, North 35th Street, West Garfield Avenue and West North Avenue. The bollards are located along the east wall of the premises abutting said alley. The centers of said bollards are located approximately 241 feet, 250 feet and 301 feet north of the north line of West Garfield Avenue. The bollards are centered approximately 1 foot into said alley right-of-way.
2. To keep and maintain two doors to a building, which when open, will project about 28 inches into a public north/south alley in the block bounded by North 34th Street, North 35th Street, West Garfield Avenue and West North Avenue. The doors are to be located in the east wall of the premises abutting said alley and the center lines of such doors are about 161.5 feet and 232.5 feet north of the north line of West Garfield Avenue.
3. To keep and maintain an existing roof and eave projection 6 feet into the right-of-way of North 35th Street.
The construction of said roof projection consists of a series of 8 foot wide by 4 foot deep precast, prestressed concrete tee beams. The top exposed surface of the roof having been protected with two inches of insulation covered with a built-up bituminous roof. The stem of the tee projects 3 feet 4 inches, while the top flange of the tee projects an amount which varies from 4.13 feet to 6 feet to produce a sawtooth configuration.
Said projection is 104 feet in length and parallel to the street line of North 35th Street, and extends from a line 244 feet to a line 140 feet north of the north line of West Garfield Avenue. Said projection is located at least 2 feet back of the curb line.
The lowest face of said projection has a vertical clearance to the sidewalk grade of approximately 13 feet at the south end and approximately 15 feet at the north end of the existing structure.
4. To keep and maintain a roof and eave projection 6 feet into the right-of-way of North 35th Street on a building addition.
The construction of the roof and eave projection conforms to the construction described in item 3 above.
Said projection is 40 feet in length and parallel to the street line of North 35th Street, and extends from a line 284 feet to a line 244 feet north of the north line of West Garfield Avenue, the last line being the point of junction with the existing roof structure. Said projection is located at least 2 feet back of the curb line.
The lowest face of said projection is a vertical clearance to the sidewalk grade of approximately 15 feet at the point of junction with the existing structure and a vertical clearance to the sidewalk grade of approximately 16 feet at the north end of the structure addition.
Said above mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, MB Real Estate, LLC, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days’ notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $289.11. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
December 21, 2005
051019