Number
011111
Version
SUBSTITUTE 1
Reference
62-3635
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to allow a portion of a building to be maintained in the public right-of-way of West Hayes Avenue for the property at 2400 South 5th Place in addition to several other existing obstructions to now change the name of the grantee of the special privilege to Ms. Heather Maki, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution amending a special privilege granted to allow a portion of a building to be maintained in the public right-of-way of West Hayes Avenue for the property at 2400 South 5th Place in addition to several other existing obstructions to now change the name of the grantee of the special privilege to Ms. Heather Maki.
Body
Whereas, Emil and Dennis Kania were granted an amended special privilege under Common Council Resolution File Number 62-3635, on March 4, 1963, to keep and maintain a portion of a building at 2400 South 5th Place that projects into the public right-of-way of West Hayes Avenue; and
Whereas, The current name of the present owner of the property is Ms. Heather Maki, and should now be named as the grantee of the special privilege; and
Whereas, Our field viewing of this property revealed that there are several additional items in the public right-of-way of West Hayes Avenue adjacent to this property that require approval in order to remain within the right-of-way; and
Whereas, The building and these additional items may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that common Council Resolution File Numbers 83-964, 83-964a and 62-3635 are hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Ms. Heather Maki, 2400 South 5th Place, Milwaukee, WI 53207 is hereby granted the following special privileges:
1. To keep and maintain a portion of a building, that encroaches on the south side of West Hayes Avenue at 2400 South 5th Place, for the remaining life of the building. The building extends into the public right-of-way approximately 0.8 feet (9 ½ inches), beginning at approximately the eastline of South 5th Place and extending east approximately 47 feet, for a height of two stories.
2. To keep and maintain an existing enclosed wood stairway structure, which encroaches an additional approximately 3.9 feet into the 15-foot wide south sidewalk area of West Hayes Avenue at the property of 2400 South 5th Place. Said structure is approximately 4.5 feet high and 10.2 feet long with the door access from the west.
3. To keep and maintain an existing set of concrete steps, with 3 risers, that lead to the rear of the building. Said steps encroach approximately 3.0 feet into the 15-foot wide south sidewalk area of West Hayes Avenue at the property of 2400 South 5th Place and are approximately 4.1-feet wide.
4. To keep and maintain an existing 6.0-high solid wood fence on top of an approximately 1.5-foot high concrete retaining wall that encroach approximately 3.0 feet into the 15-foot wide south sidewalk area of West Hayes Avenue at the building at 2400 South 5th Place for a distance of approximately 20.8 feet, that surrounds the space between the building and garage located at the rear of the property.
Said building and other items shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners of the Departments of Public Works and 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, Ms. Heather Maki, 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 $5,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating the applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $253.69 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 66.0915(3) of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
February 22, 2002
011111