Number
051639
Version
SUBSTITUTE 1
Reference
920659
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to US Bank N.A. for change of ownership for underground conduit, tree grates and raised planter areas for the premises at 777 East Wisconsin Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege for change of ownership to US Bank N.A. for underground conduit, tree grates and raised planter areas for the premises at 777 East Wisconsin Avenue.
Body
Whereas, First Wisconsin National Bank petitioned for a special privilege to install and keep tree grates and to keep and maintain underground conduit and raised planter areas in the public right-of-way; and
Whereas, Permission for said items was granted in 1992 under Common Council File Number 920659; and
Whereas, Two of the tree grates have been removed from the public right-of-way; and
Whereas, US Bank N.A. 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 920659 is hereby rescinded; and, be it
Further Resolved, That US Bank N.A., 777 East Wisconsin Avenue #3175, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To keep and maintain twenty, 4-foot square tree grates along the east side of North Van Buren Street as follows:
Eight tree grates in the east, 16-foot wide sidewalk area of North Van Buren Street between East Michigan Street and East Wisconsin Avenue. Said tree grates are centered approximately 10 feet west of the eastline of North Van Buren Street and 27, 47, 147, 167, 187, 207, 227 and 247 feet north of the northline of East Michigan Street.
Twelve tree grates in the east, 15-foot wide sidewalk area of North Van Buren Street between East Clybourn Street and East Michigan Street. Said tree grates are centered approximately 10 feet west of the eastline of North Van Buren Street and 27, 52, 74, 96, 118, 140, 165, 190, 215, 240, 265, 290, 315 and 340 feet north of the northline of East Clybourn Street.
2. To keep and maintain six 4-inch PVC conduits under and directly across the 80-foot wide right-of-way of North Cass Street between East Michigan Street and East Wisconsin Avenue. Said conduits are placed perpendicular to the east and west street lines of North Cass Street. The conduits extend from a pull-box located 41 feet north of the northline of East Michigan Street west to the east wall of the building at 777 East Wisconsin Avenue at a point 41 feet north of the northline of East Michigan Street. Said conduits are located approximately 2 feet below grade.
3. To keep and maintain raised planter areas surrounded by 6-inch wide concrete curbing in the north, 15-foot wide sidewalk area of East Clybourn Street. Nine of the raised planter areas are 5-foot diameter tree pits centered approximately 100, 119, 130, 159, 177, 196, 290, 356 and 382 feet east of the eastline of North Van Buren Street with the west six centered approximately 10 feet and the east three centered approximately 11.5 feet south of the northline of East Clybourn Street. Two rectangular raised planters, measuring 28 feet long and 4 feet wide, are centered approximately 70 and 225 feet east of the eastline of North Van Buren Street and 10 feet south of the northline of East Clybourn Street. The concrete curbing around the raised planters is 6 inches tall.
4. To keep and maintain one rigid 1-inch diameter conduit starting at the northline of East Clybourn Street, at a point approximately 396 feet east of the eastline of North Van Buren Street, to a point 3 feet north of the southline of East Clybourn Street and approximately 390 feet east of the eastline of North Van Buren Street to a point 3 feet north of the southline of East Clybourn Street and 118 feet east of the eastline of North Van Buren Street. Total length of said conduit is 352 feet.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items 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, US Bank N.A. 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 $10,000 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 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 $1,308.35. 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:lja
June 23, 2006
051639