Number
010043
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a 22-foot wide portion of the east side of South Clement Avenue, located on the north side of East Howard Avenue to a point approximately 120 feet North, in the 14th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of street 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 was requested by Hometown for landscaping and parking.
Body
Whereas, It is proposed that a 22-foot wide portion of the east side of South Clement Avenue, located on the north side of East Howard Avenue to a point approximately 120 feet North, 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, 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 portion of street, as indicated by Exhibit A and bound and described by:
That part of South Clement Avenue as originally platted in Clement Manor, a recorded subdivision, in the Southeast 1/4 of Section 16, Township 6 North, Range 22 East, described as follows:
Commencing at the Southwest corner of Lot 1 in Block 1 of said subdivision, thence Westerly, along the Westerly extension of the south line of Lot 1, to a point lying 18 feet West of, as measured normal to, the west line of Lot 1; thence Northerly, parallel to said west line, 4 feet to a point; thence Westerly, parallel to the Westerly extension of the south line of Lot 1, to a point lying 22 feet West of, as measured normal to, said west line; thence Northerly, parallel to said west line, to a point in the Westerly extension of the north line of Lot 1; thence Easterly, along said Westerly extension, to the Northwest corner of Lot 1; thence Southerly, along said west line, 120 feet to the point of beginning, 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 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 portion of street had not been vacated.
Drafter
DCD:JRH:vlk
09/07/01