Number
020775
Version
SUBSTITUTE 1
Reference
59-521
59-691
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Fairmount Real Estate, LLC for change of ownership for backup driveways and entrance steps for the premises at 5008-24 North 37th Street, in the 1st Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Fairmount Real Estate, LLC for two backup driveways and entrance steps for the premises at 5008-24 North 37th Street.
Body
Whereas, Walter Unger petitioned for a special privilege to construct and maintain two backup driveways for the premises at 3524-40 West Fairmount Avenue; and
Whereas, Permission for said backup driveways was granted in 1959 under Common Council Resolution File Number 59-521; and
Whereas, Fairmount Realty Company petitioned for a special privilege to construct and maintain two backup driveways and two entrance steps for the premises at 5008 North 37th Street; and
Whereas, Permission for said items was granted under Common Council Resolution File Number 59-691; and
Whereas, Both properties have been combined into one premises owned by Fairmount Real Estate LLC; and
Whereas, Two of the service doors for the backup driveways have been blocked by a new metal building façade and are no longer usable; and
Whereas, For the liability for said items to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Numbers 59-521 and 59-691 are hereby rescinded; and, be it
Further Resolved, That Fairmount Real Estate LLC, PO Box 090080, Milwaukee, Wisconsin 53209 is hereby granted the following special privileges:
1. To keep and maintain two backup driveways on the north side of West Fairmount Avenue centered approximately 21 feet west of the eastline of North 36th Street extended and 63 feet east of the eastline of North 36th Street extended. Said driveways serve two 9-foot wide loading dock doors. Vehicles shall occupy the sidewalk area and a portion of the roadway and shall be parked in such a manner so as not to project beyond the centerline of West Fairmount Avenue. Grantee is to provide sufficient traffic control to allow for continued two-way traffic while backup driveway is being used.
2. To keep and maintain two concrete steps in the north, 14-foot wide sidewalk area of West Fairmount Avenue. Said concrete steps are centered approximately 39 and 106 feet east of the eastline of North 37th Street; project 1 foot 8 inches and 1 foot 2 inches into the public way; and are 4 feet 7 inches and 3 feet 4 inches long respectively.
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, Fairmount Real Estate LLC shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $3,000 such bond to be approved by the City Attorney. This 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 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $80.28. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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 and 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.
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.
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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Owner must ensure sufficient traffic control while using the back up driveway to allow continued, safe traffic flow on West Fairmount Avenue. Traffic control measures may include, but are not limited to flag persons and traffic cones.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
November 27, 2006
020775