Number
010442
Version
ORIGINAL
Reference
990849
Sponsor
THE CHAIR
Title
Resolution to vacate excess street right-of-way on the South Side of West St. Paul Avenue, located between a point 134 feet West of the west line of North 36th Street and the East Side of North 38th Street, in the 16th Aldermanic District. (DCD)
Analysis
This resolution vacates the above excess street right-of-way in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation is necessary for the Milwaukee Metropolitan Sewerage District ("MMSD") to develop new lots for replacement housing for people displaced through a flood mitigation program and for the creation of additional lots for future single-family residences.
Body
Whereas, It is proposed that excess street right-of-way on the South Side of West St. Paul Avenue, located between a point 134 feet West of the west line of North 36th Street and the East Side of North 38th Street be vacated pursuant to the provisions of Section 66.297, 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 this proposed vacation; and
Whereas, On April 11, 2000, the Common Council approved a Certified Survey Map that plats a portion of the proposed vacation of excess street right-of-way; and
Whereas, This proposed vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said excess street right-of-way as indicated by Exhibit A and bound and described by:
That part of West St. Paul Avenue in the Southwest 1/4 of Section 25, Township 7 North, Range 21 East, described as follows: Commencing at the Northwest corner of Lot 16 in Block 4 of Park Hill, a recorded subdivision, in said 1/4 Section; thence North 00 deg. 09 min. 35 sec. East, along the Northerly extension of the west line of said Block 4, to a point on a curve, said point lying 117.80 feet Northerly of the Southwest corner of Lot 14 in said Block 4, as measured along said west line and its extension; thence Northeasterly 122.64 feet along the arc of said curve which has a radius of 223.50 feet with its center lying to the Northwest having a central angle of 31 deg. 26 min. 27 sec. and whose chord bears North 74 deg. 43 min. 10 sec. East 121.11 feet to a point; thence South 31 deg. 34 min. 03 sec. East 4.18 feet to a point on the Northerly extension of the west line of the North-South 14-foot wide alley in said Block 4, said point lying 146.81 feet Northerly of the Southeast corner of Lot 14, as measured along said west line and its extension; thence South 00 deg. 00 min. 10 sec. East, along said Northerly extension, to the Northeast corner of Lot 16; thence Westerly, along the north line of Lot 16, to the point of commencement; and
That part of West St. Paul Avenue in the Southwest corner of Section 25, Township 7 North, Range 21 East, described as follows: Commencing at the Northeast corner of Lot 1 in Block 5 of Park Hill, a recorded subdivision, in said 1/4 Section; thence Westerly, along the north line of Lot 1, to the Northwest corner of Lot 1; thence Northerly, along the Northerly extension of the west line of Lot 1, to a point 72 feet South of, as measured normal to, the north line of West St. Paul Avenue; thence Easterly parallel to the north line of West St. Paul Avenue, to a point in the Northerly extension of the east line of Lot 1; thence Southerly, along said Northerly extension, to the point of commencement; and
That part of West St. Paul Avenue in the Southwest 1/4 of Section 25, Township 7 North, Range 21 East, described as follows: Commencing at the Northeast corner of Lot 16 in Block 5 of 2nd Continuation of Park Hill, a recorded subdivision, in said 1/4 Section; thence Westerly, along the north line of Lot 16, to the Northwest corner of Lot 16; thence Northerly, along the Northerly extension of the west line of Lot 16, to a point 72 feet South of, as measured normal to, the north line of West St. Paul Avenue; thence Easterly, parallel to the north line of West St. Paul Avenue, to a point in the Northerly extension of the east line of Lot 16; thence Southerly, along said Northerly extension, to the point of commencement, is vacated; 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 the proposed vacation; and, be it
Further Resolved, That the Certified Survey Map was inadvertently recorded at the Milwaukee County Register of Deeds ("Register of Deeds") on July 24, 2000, being Certified Survey Map No. 6844 and Document No. 7939230; and, be it
Further Resolved, That this proposed vacation of excess street right-of-way is necessary to create new parcels for possible development as shown on the Certified Survey Map that has been recorded with the Register of Deeds; and, be it
Further Resolved, That as provided by Section 80.32(4), Wisconsin Statutes, such 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 excess street right-of-way had not been vacated.
Drafter
DCD:VLK:vlk
07/17/01/E