Number
071685
Version
SUBSTITUTE 1
Reference
66-1087-b
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Tri-Corp Housing, Inc. of a retaining wall and addition of a building projection into the public right-of-way for the premises at 2713 West Richardson Place, in the 4th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Tri-Corp Housing, Inc. of a retaining wall and addition of a building projection into the public right-of-way for the premises at 2713 West Richardson Place.
Body
Whereas, Dunbar House, Incorporated requested permission to keep and maintain a retaining wall in the public right-of-way; and
Whereas, Permission for said retaining wall was granted in 1966 under Common Council Resolution File Number 66-1087-b; and
Whereas, A site visit revealed the presence of a building projection in the public right-of-way; and
Whereas, Said building projection may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, Tri-Corp Housing, Inc. now owns the property; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 66-1087-b is hereby rescinded; and, be it
Further Resolved, That Tri-Corp Housing, Inc., 6700 West Beloit Road, West Allis, WI 53219 is hereby granted the following special privileges:
1. To keep and maintain two sections of 3-foot high 6-inch wide lannon stone retaining wall enclosing an elevated landscape area between the building and the public right-of-way in the south 18-foot wide sidewalk area of West Richardson Place. The first section of retaining wall commences at the westline of North 27th Street and extends west 93 feet, where it turns and then extends south 6 feet. The second section of retaining wall commences at the southline of West Richardson Place at a point approximately 116 feet west of the westline of North 27th Street and extends north 5 feet 10 inches. The wall then turns west, extending 4 feet and, then turns south extending 5 feet 10 inches to the right-of-way line. The total length of retaining wall on West Richardson Place is 114 feet 6 inches.
2. To keep and maintain two sections of 3-foot high 6-inch wide retaining wall enclosing an elevated landscape area between the building and the public right-of-way in the west 8-foot wide sidewalk area of North 27th Street. The first section of retaining wall commences approximately 6 feet north of the southline of West Richardson Place and extends south 32 feet. The second section of retaining wall commences at a point 48 feet 6 inches south of the southline of West Richardson Place and extends south 39 feet 6 inches. The total length of retaining wall on North 27th Street is 71 feet 6 inches.
3. To keep and maintain a building projection in the west 8-foot wide sidewalk area of North 27th Street. Said projection is 23 feet long, is centered approximately 34 feet 3 inches south of the southline of West Richardson Place, and encroaches approximately 6 inches into the public way. Said projection commences at the second floor and extends the height of the building.
Said above-mentioned retaining walls and building projection shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said retaining walls and building projection shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Tri-Corp Housing, Inc. shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $1,000.00 such bond to be approved by the City Attorney. This applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any own owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $103.53. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works and curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:ns
May 15, 2008
071685