Number
021642
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the South Side of East Brown Street and a portion of the North Side of East Reservoir Avenue between North Hubbard Street and North Killian Place and a portion of the East Side of North Hubbard Street between East Brown Street and East Reservoir Avenue, in the 6th Aldermanic District.
Analysis
This substitute resolution vacates the above portions of street 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 Tandem Developers to eliminate excess right-of-way for their residential development.
Body
Whereas, It is proposed that a portion of the South Side of East Brown Street and a portion of the North Side of East Reservoir Avenue between North Hubbard Street and North Killian Place and a portion of the East Side of North Hubbard Street between East Brown Street and East Reservoir Avenue 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, 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 street as indicated by Exhibit A and bound and described by:
Those parts of East Brown Street, North Hubbard Street and East Reservoir Avenue in the Northeast 1/4 of Section 20 and the Northwest 1/4 of Section 21, all in Township 7 North, Range 22 East, described as follows: Commencing at the point of intersection of the west line of North Killian Place and the south line of East Brown Street; thence Westerly, along said south line, to its point of intersection with the east line of North Hubbard Street; thence Southerly, along said east line, to its point of intersection with the north line of East Reservoir Avenue; thence Easterly, along said north line, to its point of intersection with the west line of North Killian Place; thence Southerly, along the southerly extension of said west line, to a point lying 5.00 feet south of, as measured normal to, said north line; thence Westerly, parallel to said north line and its westerly extension, to a point lying 2.00 feet west of, as measured normal to, the southerly extension of said east line of North Hubbard Street; thence Northerly, parallel to said east line and its southerly and northerly extensions, to a point lying 4.00 feet north of, as measured normal to, the westerly extension of said south line of East Brown Street; thence Easterly, parallel to said south line and its westerly extension, to a point in the northerly extension of the west line of North Killian Place; 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 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 street had not been vacated.
Drafter
DCD:JRH:vlk
09/01/04