Number
071562
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution vacating a portion of the West Side of North Water Street South of East Pleasant Street, accepting the dedication of a portion of North Water Street and releasing various deed restrictions and easements for the North End project in the Park East Corridor, in the 3rd Aldermanic District.
Analysis
This substitute resolution vacates a small triangular portion of right-of-way, accepts the dedication of a portion of North Water Street and removes deed restrictions relating to the prior use of industrial land and highway easements for the North End project. This vacation was initiated by the Redevelopment Authority of the City of Milwaukee for implementation of the Park East corridor redevelopment plan.
Body
Whereas, It is proposed that said portion of right-of-way 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; and
Whereas, The release of a highway easement for East Pleasant Street and a portion of North Water Street creates a need for the dedication of a portion of North Water Street; and
Whereas, In a Deed dated December 7, 1951 conveying a portion of the North End project site to Pfister & Vogel Tanning Co., the City of Milwaukee (“City”) created certain deed restrictions relating to the use of industrial land which are no longer necessary and inconsistent with implementation of the North End project and which the City desires to release; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that said right-of-way as indicated by Exhibit A and bound and described by:
That part of North Water Street in the Southwest 1/4 of Section 21, Township 7 North, Range 22 East, described as follows: Commencing at the southerly corner of Lot 25 in Block F of Hathaway’s Subdivision, a recorded subdivision, in said 1/4 Section; thence North 45°29’47” East, along the westerly line of North Water Street, 11.16 feet to a point of curve; thence Northeasterly, 30.44 feet along said westerly line and the arc of said curve which has a radius of 588.00 feet with its center lying to the northwest having a central angle of 02°57’57” and whose chord bears North 44°00’50” East 30.43 feet to the point of beginning of the land to be described; thence continuing Northeasterly, 4.04 feet along the arc of said curve which has a radius of 588.00 feet with its center to the northwest having a central angle of 00°23’37” and whose chord bears North 42°20’03” East 4.04 feet to a point; thence North 50°28’28” West 10.45 feet to a point; thence South 28°58’29” East 11.02 feet to the point of beginning 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 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 when a money deposit is required, it must be deposited prior to implementing said actions; 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 portion of right-of-way had not been vacated; and, be it
Further Resolved, That the City accepts the dedication of right-of-way as indicated on Exhibit B and bound and described by:
Description of property to be acquired for public street purposes along North Water Street (westerly side) from East Pleasant Street northerly to a point, in the 3rd Aldermanic District of the City of Milwaukee.
That part of Lots 16 through 22 inclusive in Block F of Hathaway’s Subdivision, a recorded subdivision in the Southwest 1/4 of Section 21, Township 7 North, Range 22 East, described as follows: Commencing at the northwest corner of said 1/4 Section; thence South 00°32’26” East, along the west line of said 1/4 Section, 431.33 feet to a point; thence South 54°49’39” East 533.44 feet to a point of curve and the point of beginning of the land to be described; thence Northeasterly, 23.62 feet along the arc of said curve which has a radius of 14.00 feet with its center lying to the northwest having a central angle of 96°39’00” and whose chord bears North 76°50’51” East 20.91 feet to a point of compound curve; thence Northeasterly, 134.35 feet along the arc of said curve which has a radius of 580.00 feet with its center lying to the northwest having a central angle of 13°16’17” and whose chord bears North 21°53’12.5” East 134.05 feet to a point of tangency; thence North 15°15’04” East 83.95 feet to a point on the westerly line of North Water Street; thence South 00°40’22” East, along said westerly line, 162.38 feet to a point; thence South 44°18’48” West, continuing along said westerly line, 94.59 feet to a point; thence North 54°49’39” West 34.56 feet to the point of beginning.
The above described parcel contains 6,332 square feet or 0.1454 acres more or less of land.
; and, be it
Further Resolved, That the proper City officials are authorized to execute a Release of Deed Restriction (North End Project-PF Deed) in substantially the same form as Exhibit C, a copy of which is attached to this Common Council File.
Drafter
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05/28/08