NUMB:
980258
VERS:
ORIGINAL
XXBY:
THE CHAIR
TITL:
Resolution to vacate a portion of the west side of South 26th Street from West Morgan Avenue to a point south. (WP-387) (City Attorney)
BODY:
Whereas, A petition was presented to the Common Council of the City of Milwaukee by Stein Family Investments, LC and others on the 27th day of May, 1998 for the vacation of a portion of the west side of South 26th Street from West Morgan Avenue to a point south; now, therefore be it
Resolved, By the Common Council of the City of Milwaukee, that said petition be and the same is hereby granted and that the following described portion of said alley to-wit:
That part of South 26th Street in the Southwest 1/4 of Section 18, Township 6 North, Range 22 East, described as follows: Commencing at the point of intersection of the present south line of West Morgan Avenue and the present west line of South 26th Street; thence Southerly, along said west line, 120 feet to its point of intersection with the north line of an east-west 18-foot wide public alley; thence Easterly, along the easterly extension of the north line of said alley, to a point 1.00 feet east of, as measured normal to, the present west line of South 26th Street; thence Northerly, parallel to said west line, to a point in the easterly extension of the present south line of West Morgan Avenue; thence Westerly, along said easterly extension, to the point of commencement.
be and the same hereby is vacated for the reason that the same is of no public utility and the public interest requires the same to be vacated; and be it
Further Resolved, That as provided by Section 80.32(4) of the Wisconsin Statutes, such 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 street and in said description of land above described, but such easements and rights and all rights of entrance, maintenance, construction and repair with reference thereto shall continue as if such street had not been vacated; and be it
Further Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works be and he is hereby directed, within two months from the date of the adoption of this resolution, to view the aforesaid portion of said street vacated, and assess the benefits and damages accruing or arising from said vacation, and to make his report of his assessment of such benefits and damages to the Common Council of the City of Milwaukee, as required by law.
DFTR:
City Atty.
HAS:mm
5/14/98
(WP-387)