Number
140337
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the unimproved portion of North 65th Street from West Melvina Street south to a point and the unimproved alley south of West Melvina Street between North 65th Street and North 66th Street, in the 10th Aldermanic District.
Analysis
This substitute resolution vacates the above rights-of-way 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 the Department of Public Works, since said unimproved street and alley are not needed for public purposes.
Body
Whereas, It is proposed that the unimproved portion of North 65th Street from West Melvina Street south to a point and the unimproved alley south of West Melvina Street between North 65th Street and North 66th Street 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 Sections 62.73(1) and 840.11, 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 rights-of-way as indicated by Exhibit A and bound and described by:
North 65th Street: All that part of North 65th Street, as originally platted in Capitol Manor No. 3, a recorded subdivision in the Northeast 1/4 of Section 10, Township 7 North, Range 21 East, lying between the south line of West Melvina Street extended and the easterly extension of the south line of Lot 2 in block 5 of said Capitol Manor No. 3.
Alley: All that part of the north-south 20-foot-wide alley, as originally platted in Block 5 of Capitol Manor No. 3, a recorded subdivision, in the Northeast 1/4 of Section 10, Township 7 North, Range 21 East, lying between the south line of West Melvina Street extended and the westerly extension of the south line of Lot 2 in said Block 5 are 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 Sections 62.73(1) and 66.1005(2), 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 rights-of-way had not been vacated; and, be it
Further Resolved, That the proper City officials, including the Commissioner of Public Works, are authorized to sign any easement or other documents necessary to assert the City of Milwaukee's rights under Section 66.1005(2), Wisconsin Statutes, and cause the same to be recorded in the Milwaukee County Register of Deeds Office.
Drafter
DCD:Ed.Richardson:ear
11/04/14