Number
001039
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the North Side of West Fond du Lac Avenue located North of West Mill Road, in the 15th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of street in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation was requested by Zion Rock Missionary Baptist Church, Inc. for expansion and parking.
Body
Whereas, It is proposed that a portion of the North Side of West Fond du Lac Avenue located North of West Mill Road be vacated pursuant to the provisions of Section 66.297, Wisconsin Statutes; and
Whereas, The Department of Public Works has been authorized and directed to prepare a coordinated report estimating all costs and benefit assessments that will be incurred with this proposed vacation; and
Whereas, This proposed vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portion of street as indicated by Exhibit A and bound and described by:
That part of West Fond du Lac Avenue in the Southwest 1/4 of Section 20, Township 8 North, Range 21 East, described as follows:
Commencing at the most westerly corner of Parcel 1 of Certified Survey Map No. 2126; thence South 44 deg. 26 min. 55 sec. East along the southwesterly line of Parcels 1 and 2 in said Certified Survey Map, 212.26 feet to a point; thence South 44 deg. 12 min. 20 sec. East along the southwesterly line of Parcel 2 aforesaid, 65.13 feet to the most southerly corner of Parcel 2; thence South 45 deg. 47 min. 40 sec. West, along the southeasterly line of said Certified Survey Map, 27 feet to a point; thence North 44 deg. 12 min. 20 sec. West, parallel to the southwesterly line of Parcel 2 aforesaid, 65.01 feet to a point; thence North 44 deg. 26 min. 55 sec. West, parallel to the southwesterly line of Parcels 2 and 1 aforesaid, 216.20 feet to a point in the northwesterly line of said Certified Survey Map; thence North 45 deg. 33 min. 05 sec. East, along said northwesterly line, 27 feet to the point of commencement, is vacated; and, be it
Further Resolved, That upon deposit of the funds required, the Commissioner of Public Works and/or the City Engineer are authorized to implement the actions listed in the coordinated report relating to the proposed vacation; and, be it
Further Resolved, That as provided by Section 80.32(4), 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 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 said portion of street had not been vacated.
Drafter
DCD:JRH:vlk
06/01/01