Number
000668
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the Southern leg of the North-South alley between North 27th Street and North 28th Street located North of West Center Street, in the 15th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of alley 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 Mr. Louie Lange on behalf of The Commonwealth Companies.
Body
Whereas, It is proposed that a portion of the Southern leg of the North-South alley between North 27th Street and North 28th Street located North of West Center Street 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 alley as indicated by Exhibit A and bound and described by:
All that part of the North-South 20.00-foot wide alley as platted in Block 12 of Cawker's Subdivision “A,” a recorded subdivision, in the Northeast 1/4 of Section 13, Township 7 North, Range 21 East, described as follows: Commencing at the southwest corner of Lot 20 in said Block 12; thence Westerly, along the westerly extension of the south line of Lot 20, to its point of intersection with the southeasterly extension of the southwest line of Lot 21 in said Block 12; thence Northeasterly, along said southeasterly extension, to the south corner of Lot 21; thence Northerly, along the east line of Lots 21 through 25 inclusive in said Block 12, to a point in the westerly extension of the south line of the North 25.00 feet of Lot 14 in said Block 12; thence Easterly, along said westerly extension, to a point in the west line of Lot 14; thence Southerly, along the west line of Lots 14 through 20 inclusive in said Block 12, to the point of commencement, 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 alley had not been vacated.
Drafter
DCD:VLK:ajf
07/13/06