Number
060692
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate West Galena Street from the East Side of North 13th Street Easterly to its terminus, the Northerly 225 feet of North 12th Lane, and the Northerly East leg of alley in the block bounded by I-43, North 12th Street, West Cherry Street and North 12th Lane, in the 15th Aldermanic District.
Analysis
This substitute resolution vacates the above streets/alley in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 62.73, Wisconsin Statutes, and Section 308-28, Milwaukee Code of Ordinances. This vacation was requested by Milwaukee County to consolidate land.
Body
Whereas, It is proposed that West Galena Street from the East Side of North 13th Street Easterly to its terminus, the Northerly 225 feet of North 12th Lane, and the Northerly East leg of alley in the block bounded by I-43, North 12th Street, West Cherry Street and North 12th Lane be vacated pursuant to the provisions of Section 62.73, 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 said vacation; and
Whereas, That as provided by Section 62.73, Wisconsin Statutes, a lis pendens must be filed with the Milwaukee County Register of Deeds; and
Whereas, Said vacation has been reviewed in accordance with Section 308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that said streets/alley as indicated by Exhibit A and bound and described by:
All of West Galena Street in the Southeast 1/4 of Section 19 and the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, lying between the west line of North 12th Street extended and the east line of North 13th Street extended.
All of North 12th Lane in the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, lying between the north line of West Galena Street extended and the present south line of West Walnut Street extended.
Also:
That part of North 12th Lane in the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, lying between the south line of West Galena Street extended and the Westerly extension of the south line of Lot 5 in Block 95 of Plat of the Town of Milwaukee on the West Side of the River, a recorded subdivision, in said 1/4 Section.
All of the Northerly and Southerly East-West 15-foot wide alleys as platted in Block 95 of Plat of the Town of Milwaukee on the West Side of the River, a recorded subdivision, in the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, lying between the west line of North 12th Street extended and the east line of North 12th Lane extended.
Also:
All of the Northerly East-West 15-foot wide alley as platted in Block 109 of Plat of the Town of Milwaukee on the West Side of the River, a recorded subdivision, in the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, lying between the west line of North 12th Street extended and the east line of North 12th Lane extended is vacated; and, be it
Further Resolved, That a notice of pendency of said vacation has been recorded at the Milwaukee County Register of Deeds and the Commissioner of the Department of City Development may request a release of the lis pendens without Common Council action if said vacation is not approved; 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 said vacation; and, be it
Further Resolved, That as provided by Section 62.73, Wisconsin Statutes, said 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 streets/alley had not been vacated.
Drafter
DCD:AJF:ajf
02/08/07