Number
031012
Version
SUBSTITUTE 1
Reference
010128
Sponsor
ALD. D'AMATO
Title
Substitute resolution vacating portions of the North-South alley in the block bounded by East Locust Street, North Newhall Street, East Linnwood Avenue and North Cambridge Avenue, declaring the vacated area surplus to municipal needs and authorizing conveyance to the adjoining owner, in the 3rd Aldermanic District.
Analysis
This substitute resolution vacates portions of said alley in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 62.73, Wisconsin Statutes, and Section 308-28, Milwaukee Code of Ordinances, directs disposition of the right-of-way to the adjoining owner after it reverts to City ownership and reserves certain lands for public street purposes.
Body
Whereas, By adoption of File No. 010128 on May 30, 2001, the Common Council of the City of Milwaukee approved the vacation of excess right-of-way on East Locust Street between North Newhall Street and North Cambridge Avenue and the subsequent conveyance of the vacated area to Jeffrey F. Rodman and Gaurie A. Rodman (“Rodmans”) for residential development; and
Whereas, The Rodmans have requested vacation of an additional three feet along both sides of the North-South alley in the block bounded by East Locust Street, North Newhall Street, East Linnwood Avenue and North Cambridge Avenue 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, That as provided by Section 840.11, Wisconsin Statutes, a lis pendens must be filed with the Milwaukee County Register of Deeds; and
Whereas, Said vacation has been reviewed in accordance with Section 308-28, Milwaukee Code of Ordinances; and
Whereas, Upon vacation, the vacated right-of-way will revert to the ownership of the City of Milwaukee; and
Whereas, The vacated area adjoins property that was sold to the Rodmans for residential development and is suitable for assemblage with their residential development given the small size and limited utility of the vacated area; and
Whereas, The City Plan Commission has determined that the property is surplus to municipal need; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that said portions of alley as indicated by Exhibit A and bound and described by:
That part of Lots 9 and 10 in Block 3 of Evergreen Park, a recorded subdivision, in the Northeast 1/4 of Section 16, Township 7 North, Range 22 East, described as follows:
Commencing at the Southwest Corner of Lot 8 in said Block 3; thence Southerly, along the west line of Lots 9 and 10, as originally platted to a point lying 6.5 feet North of, as measured normal to, the westerly extension of the present north line of East Locust Street; thence Easterly, parallel to said westerly extension, to a point lying 3 feet East of, as measured normal to the west line of Lot 10, as originally platted; thence Northerly, parallel to the west line of Lots 10 and 9, as originally platted, to a point in the south line of Lot 8; thence Westerly, along said south line to the point of commencement; also
That part of Lots 11 and 12 in Block 3 of Evergreen Park, a recorded subdivision, in the Northeast 1/4 of Section 16, Township 7 North, Range 22 East, described as follows:
Commencing at the Southeast Corner of Lot 13 in said Block 3; thence Southerly along the east line of Lots 12 and 11, as originally platted, to a point in the easterly extension of the present north line of East Locust Street; thence Westerly, along said easterly extension, to a point lying 3 feet West of, as measured normal to, the east line of Lot 11, as originally platted; thence Northerly, along the east line of Lots 11 and 12, as originally platted, to a point in the south line of Lot 13; thence Easterly, along said south line, to the point of commencement, are vacated; and, be it
Further Resolved, That a notice of pendency of said vacation has been recorded at the Milwaukee County Register of Deeds and the Commissioner of the Department of City Development may request a release of the lis pendens without Common Council action if said vacation is not approved; 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 alley had not been vacated; and, be it
Further Resolved, That upon reversion of ownership to the City of Milwaukee, the Commissioner of the Department of City Development, or designee, is authorized to execute a quit claim deed to convey the vacated area to the Rodmans for no monetary consideration.
Drafter
DCD:JRH:vlk
03/01/05