Number
040218
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate portions of public right-of-way in the vicinity of West Canal Street and North and South 6th Street in the Menomonee Valley "K" Redevelopment Project Area, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above portions of streets and ramp 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 Redevelopment Authority of the City of Milwaukee to facilitate redevelopment of the Traser Yards site and adjacent properties for the Harley-Davidson Museum Project.
Body
Whereas, The Redevelopment Authority of the City of Milwaukee has proposed a Redevelopment Plan for the Menomonee Valley "K" Project Area that proposes vacation of West Canal Street between North and South 6th Street and the South Menomonee Canal, portions of North and South 6th Street to the East of the new 6th Street Viaduct between the Menomonee River and the South Menomonee Canal and the Connecting Ramp between West Canal Street and North 6th Street, 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 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 portions of streets and ramp as indicated by Exhibit A and bound and described by:
West Canal Street: West Canal Street as presently laid out in the Southeast 1/4 of Section 29 and the Northeast 1/4 of Section 32, in Township 7 North, Range 22 East, lying between the present east line of North and South 6th Street extended and the dock line left bank of the South Menomonee Canal, established per Ordinance No. 787, Common Council File No. 61-3943-a, adopted on March 20, 1962.
North 6th Street: That part of North 6th Street in the Southeast 1/4 and the Southwest 1/4 of Section 29, Township 7 North, Range 22 East, between the south line of said Southeast 1/4 and Southwest 1/4 Sections and the dock line of the right bank of the Menomonee River, established per Ordinance No. 606, Common Council File No. 64-2599-a, adopted on December 1, 1964 and lying between the present east line of North 6th Street extended and a line described as follows:
Commencing at the Southeast corner of said Southwest 1/4 Section; thence South 88 deg. 56 min. 07 sec. West, along the south line of said Southwest 1/4 Section, 0.60 feet to the point of beginning of the line to be described; thence North 04 deg. 05 min. 59 sec. West to a point in said established dock line and the point of termination of said line.
South 6th Street: That part of South 6th Street in the Northeast 1/4 and the Northwest 1/4 of Section 32, Township 7 North, Range 22 East, between the north line of said Northeast 1/4 and Northwest 1/4 Sections and the dock line of the left bank of the South Menomonee Canal, established per Ordinance No. 787, Common Council File No. 61-3943-a, adopted on March 20, 1962 and lying between the present east line of South 6th Street extended and a line described as follows:
Commencing at the Northeast corner of said Northwest 1/4 Section; thence South 88 deg. 56 min. 07 sec. West, along the north line of said Northwest 1/4 Section, 0.60 feet to the point of beginning of the line to be described; thence South 04 deg. 05 min. 59 sec. East 259.16 feet to a point; thence South 10 deg. 29 min. 10 sec. East to a point in said established dock line and the point of termination of said line.
Connecting Ramp: All of the connecting ramp street right-of-way, as presently laid out, lying between the present north line of West Canal Street extended and the present east line of North 6th Street extended, in the Southeast 1/4 of Section 29, Township 7 North, Range 22 East, 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 approval of Tax Incremental District No. 57, known as Menomonee Valley East Project, an account number will be established providing the funds required and the Commissioner of Public Works and/or the City Engineer are authorized to implement actions listed in the coordinated report relating to said vacation; and, be it
Further Resolved, That as provided by Section 80.32(4), 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 portions of streets and ramp had not been vacated; and, be it
Further Resolved, That in the event any vacated right-of-way reverts directly to City of Milwaukee ownership rather than to the adjoining property owner, the land may be conveyed to the Redevelopment Authority as provided in the Menomonee Valley "K" Redevelopment Plan.
Drafter
DCD:JRH:vlk
10/12/04