NUMB:
971289
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing and directing the Commissioner of Public Works to execute a Right of Entry Agreement to the Southeast Wisconsin Professional Baseball Park District for entry upon South 44th Street between the South City Limits and West Canal Street (extended) for the purposes of construction activities necessitated by the construction of Miller Park and the relocation of State Trunk Highway 41.
ANLS:
- Analysis -
This resolution authorizes the Commissioner of Public Works to execute a Right of Entry Agreement to allow contractors of the Southeast Wisconsin Professional Baseball Park District and the Wisconsin Department of Transportation to enter into and upon the right-of-way of South 44th Street prior to formal vacation for the purposes of construction of Miller Park.
BODY:
Whereas, The Southeast Wisconsin Professional Baseball Park District is undertaking the construction of Miller Park within the centerfield parking lot of the Milwaukee County Stadium site; and
Whereas, The new expanded Miller Park site development requires the relocation of State Trunk Highway 41 as well as South 44th Street; and
Whereas, The Southeast Wisconsin Professional Baseball Park District intends to request the Common Council to vacate the portion of South 44th Street which conflicts with the Miller Park site development; and
Whereas, The vacation process cannot be completed prior to the need for the contractors of the Southeast Wisconsin Professional Baseball Park District and/or the Wisconsin Department of Transportation to enter into and upon the South 44th Street right-of-way to undertake construction activities; and
Whereas, The Southeast Wisconsin Professional Baseball Park District has agreed to enter into a Right-of-Entry Agreement which subjects them to the following conditions:
1. Access shall be maintained at all times to properties currently served by South 44th Street.
2. The Southeast Wisconsin Professional Baseball Park District indemnities, defend and save harmless the City of Milwaukee in any manner in connection with the entry upon, occupation or use of the right-of-way.
3. All existing City of Milwaukee utilities will be protected and if damaged, repaired by the City at the cost of the Southeast Wisconsin Professional Baseball Park District.
4. The City of Milwaukee shall not incur any costs to effect the vacation of South 44th Street.
5. The Right of Entry shall terminate upon formal approval of the vacation resolution
; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Commissioner of Public Works is authorized to execute a Right-of-Entry Agreement to the Southeast Wisconsin Professional Baseball District for entry upon South 44th Street between the South City Limits and West Canal Street (extended) for the purposes of construction activities necessitated by the construction of Miller Park and the relocation of State Trunk Highway 41; and, be it
Further Resolved, That the Commissioner of Public Works is authorized to make nonsubstantial changes to the Right-of-Entry Agreement, a copy of which is attached and made part of this file.
DFTR:
Infrastructure Services Division
DAN:cjt
November 26, 1997
971289