NUMB:
980086
VERS:
ORIGINAL
REF:
970953
XXBY:
THE CHAIR
TITL:
Resolution to vacate the City right-of-way for North Holton Street between North Commerce Street and the Milwaukee River, to declare surplus and authorize conveyance of the land to the Redevelopment Authority of the City of Milwaukee, and to approve a lease for the property between the Redevelopment Authority and Lakefront Brewery, Inc., in the 6th Aldermanic District. (DCD)
ANLS:
- Analysis -
This resolution will vacate the unimproved right-of-way beneath the Holton Street Bridge, declare the land surplus to municipal needs, authorize conveyance to the Redevelopment Authority, and approve a lease between the Redevelopment Authority and Lakefront Brewery, Inc.
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 23rd day of September, 1997 for the vacation of the City right-of-way for North Holton Street between North Commerce Street and the Milwaukee River, in the 6th Aldermanic District; and
Whereas, A resolution directing a report on the proposed vacation was passed by the Common Council on October 14, 1997 under File No. 970953; and
Whereas, The land beneath the Holton Street Bridge is located in the Beerline "B" Redevelopment Project Area and the Redevelopment Authority of the City of Milwaukee ("Authority") desires to acquire this land after vacation; and
Whereas, The City Plan Commission has determined that the land beneath the Holton Street Bridge has no possible municipal need; and
Whereas, After acquisition, the Authority desires to lease this property to Lakefront Brewery, Inc., which is acquiring the adjacent property at 1872 North Commerce Street for its brewery; and
Whereas, Pursuant to Section 66.431, Wisconsin Statutes, a Public Hearing was conducted on April 30, 1998, by the Authority on the disposition of the property and a Land Disposition Report was submitted; 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 City right-of-way for North Holton Street between North Commerce Street and the Milwaukee River, described as follows:
All of North Holton Street, in the Northwest 1/4 of Section 21, Township 7 North, Range 22 East, described as follows: Commencing at the intersection of the Southwesterly line of North Holton Street and the Southeasterly line of North Commerce Street, said point being the most Northerly corner of Parcel 1 of Certified Survey Map No. 6371; thence North 51 deg. 10 min. 40 sec. East 79.72 feet to the point of intersection of the Southeasterly line of North Commerce Street with the Northeasterly line of North Holton Street; thence South 40 deg. 42 min. 24 sec. East along said Northeasterly line 180.86 feet to a point; thence South 37 deg. 34 min. 18 sec. East continuing along said Northeasterly line 15.61 feet to a point in the Dock Line of the right bank of the Milwaukee River, established per Ordinance No. 65, File Number 69-11, adopted on May 6, 1969; thence South 43 deg. 19 min. 19 sec. West along said Dock Line 79.08 feet to its point of intersection with the Southwesterly line of North Holton Street, said point being the most Easterly corner of said Parcel 1; thence North 40 deg. 45 min. 14 sec. West 207.30 feet 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 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; and, be it
Further Resolved, That the vacated land beneath the Holton Street Bridge is declared surplus and pursuant to Section 304-49 of the Milwaukee Code of Ordinances shall be transferred to the Authority; and, be it
Further Resolved, That the proper City officials are authorized and directed to execute the necessary legal documents to effectuate the transfer of title to the vacant land beneath the Holton Street Bridge from the City of Milwaukee to the Authority without monetary consideration; and, be it
Further Resolved, That the Land Disposition Report dated April 30, 1998, with respect to the proposed lease to Lakefront Brewery, Inc. is approved.
ZDPT:
DFTR:
DCD:JRH:pvl
05/05/98/A