NUMB:
980054
VERS:
ORIGINAL
REF:
971373
XXBY:
THE CHAIR
TITL:
Resolution to vacate a portion of East Ogden Avenue from the intersection of North Farwell Avenue and North Franklin Avenue to North Prospect Avenue, in the 3rd Aldermanic District. (DCD)
ANLS:
- Analysis -
This resolution will vacate a portion of East Ogden Avenue which will not be needed when the avenue is relocated and realigned.
BODY:
Whereas, A resolution directing a report on the proposed vacation was presented to the Common Council of the City of Milwaukee by the City of Milwaukee on the 16th day of December, 1997 for the vacation of a portion of East Ogden Avenue from the intersection of North Farwell Avenue and North Franklin Avenue to North Prospect Avenue, in the 3rd Aldermanic District; and
Whereas, A resolution directing a report on the proposed vacation was passed by the Common Council on January 20, 1998 under File No. 971373; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the fee of $218 otherwise required to be paid to the City Treasurer is waived, and the City Treasurer is authorized to waive said fee pursuant to Ordinance 234 of the City of Milwaukee, passed July 11, 1961; and, be it
Further Resolved, That the following described portion of East Ogden Avenue from the intersection of North Farwell Avenue and North Franklin Avenue to North Prospect Avenue, described as follows:
That part of East Ogden Avenue, which was originally platted as part of Lot 2 in Block 198 of Rogers Addition, a recorded subdivision, in the Southeast 1/4 of Section 21, Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the present Southeasterly line of North Farwell Avenue and the present Northeasterly line of East Ogden Avenue; thence Southeasterly along said Northeasterly line 21.97 feet to a point; thence Southeasterly continuing along said Northeasterly line 154.85 feet to a point; thence Southeasterly continuing along said Northeasterly line 121.87 feet to its point of intersection with the present Northwesterly line of North Prospect Avenue; thence Southwesterly along the Southwesterly extension of the Northwesterly line of North Prospect Avenue to a point lying 27.29 feet Southwesterly of as measured normal to the Northeasterly line of Lot 2; thence Northwesterly 58.94 feet to a point lying 57.00 feet Northwesterly of as measured normal to the Southwesterly extension of the Northwesterly line of North Prospect Avenue and 42.29 feet Southwesterly of as measured normal to the Northeasterly line of Lot 2; thence Northwesterly parallel to the Northeasterly line of Lot 2 162.00 feet to a point of curve; thence Northwesterly 76.41 feet along the arc of said curve whose radius is 175.00 feet with its center lying to the Southwest having a central angle of 25 deg. 00 min. 56 sec. and whose chord is 75.80 feet to a point in the Southwesterly extension of the Southeasterly line of North Farwell Avenue said point lying 58.71 feet Southwesterly of as measured normal to the Northeasterly line of Lot 2; thence Northeasterly along said Southwesterly extension to the point of commencement is vacated for the reason that it provides no public utility and it is in the public interest 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, both 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, That the Commissioner of the Department of Public Works be 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.
ZDPT:
DFTR:
DCD:JRH:pvl
05/05/98/C