Number
050587
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a small portion of the West Side of North 24th Place, located North of West Roosevelt Drive, in the 1st Aldermanic District.
Analysis
This substitute resolution vacates the above portion of right-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. The abutting landowner, Garden Homes Evangelical Church and School, requested this vacation to eliminate encroachment of an existing staircase and retaining wall.
Body
Whereas, It is proposed that a small portion of the West Side of North 24th Place, located North of West Roosevelt Drive, 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 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 portion of right-of-way as indicated by Exhibit A and bound and described by:
That part of North 24th Place, in the Southwest 1/4 of Section 6, Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the northerly line of West Roosevelt Drive and the westerly line of North 24th Place; thence North 12 deg. 57 min. 25 sec. West, along said westerly line, 46.31 feet to the point of beginning of the land to be described; thence continuing North 12 deg. 57 min. 25 sec. West, along said westerly line, 22.69 feet to a point; thence North 25 deg. 55 min. 12 sec. East, continuing along said westerly line, 17.65 feet to a point; thence South 13 deg. 19 min. 50 sec. West 11.00 feet to a point of curve; thence Southwesterly 27.53 feet along the arc of said curve which has a radius of 60.00 feet with its center lying to the East having a central angle of 26 deg. 17 min. 15 sec. and whose chord bears South 00 deg. 11 min. 12.5 sec. West 27.29 feet to a point of tangency and 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 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 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 portion of right-of-way had not been vacated.
Drafter
DCD:VLK:vlk
12/22/05