Number
000675
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving the vacation of a portion of West Capitol Parkway in the block bounded by West Capitol Drive, West Fond du Lac Avenue, North 55th Street and North 60th Street and approving the elimination of the right-turn bypass at West Capitol Parkway and North 60th Street, in the 2nd Aldermanic District.
Analysis
This substitute resolution vacates the above portions 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 Boulder Venture for the redevelopment of Capitol Court.
Body
Whereas, It is proposed that a portion of West Capitol Parkway in the block bounded by West Capitol Drive, West Fond du Lac Avenue, North 55th Street and North 60th Street and the right-turn bypass at West Capitol Parkway and North 60th Street be vacated pursuant to the provisions of Section 66.297, 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, The Developer has submitted a partial deposit for fees relating to the preparation of one sewer easement, alterations to street lighting circuitry and alterations to the traffic signal at North 60th Street; and
Whereas, Said vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portions of street as indicated by Exhibit A and bound and described by:
That part of West Capitol Parkway in the Southwest 1/4 of Section 2, Township 7 North, Range 21 East, lying between the Northerly extensions of the east line and the west line of Parcel 1 in Certified Survey Map No. 6156; and
That part of West Capitol Parkway in the Southwest 1/4 of Section 2, Township 7 North, Range 21 East, described as follows:
Commencing at the most Westerly Southwest corner of Parcel 2 in Certified Survey Map No. 6762; thence South 71 deg. 32 min. 57 sec. East, along the southwest line of said Parcel 2, 94.90 feet to the most Southerly Southwest corner of said Parcel 2; thence North 89 deg. 58 min. 56 sec. West, along the Westerly extension of the south line of said Parcel 2, 90.02 feet to a point in the Southerly extension of the west line of said Parcel 2; thence North 00 deg. 00 min. 07 sec. West, along said Southerly extension, 30.01 feet to the point of commencement, is vacated; and, be it
Further Resolved, That upon deposit of the partial 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 in the event that the Developer does not undertake the work for the elimination of the right-turn bypass and the street closures, these costs will be paid for through the Tax Incremental District; 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 portions of street had not been vacated.
Drafter
DCD:JRH:vlk
06/22/01