Number
031056
Version
SUBSTITUTE
Reference
78-1544
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to KJ Greentree, LLC for encroachment into the public right-of-way of a manhole and storm sewer for the building at 6745 North Industrial Road, in the 9th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to KJ Greentree, LLC for encroachment of a manhole and storm sewer for the building at 6745 North Industrial Road.
Body
Whereas, Inland Development Corporation requested permission to keep and maintain a manhole and storm sewer in the public right-of-way of North Industrial Road; and
Whereas, Said sewer is at an angle other than 90 degrees to the street line; and
Whereas, Permission was granted in 1979 by adoption of Common Council Resolution File Number 78-1544; and
Whereas, KJ Greentree, LLC bought the property; and
Whereas, For the liability to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 78-1544 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that KJ Greentree, LLC, 39 South LaSalle, Suite 1010, Chicago, Illinois 60603 is hereby granted the following special privileges:
1. To keep and maintain an existing manhole in the public right-of-way adjacent to the property known as 6745 North Industrial Road. The center of said manhole is located approximately 17 feet 4 inches northeasterly of the southwesterly street line of North Industrial Road and at a distance of approximately 2,055 feet southeasterly of the intersection of the centerlines of North 76th Street and West Green Tree Road/North Industrial Road. Said manhole is precast concrete, 3 feet 6 inches in diameter and has a covered opening of 1 foot 11 inches in diameter at the center of the manhole.
2. To keep and maintain an existing 12-inch diameter storm sewer lateral in the public way adjacent to the property known as 6745 North Industrial Road. Said lateral serves as a connection between a catch basin located on private property to the northwest of the manhole, and the manhole described above. That portion of the sewer lateral within the public right-of-way is 40 feet in length and intersects the southwesterly street line of North Industrial Road at an angle of approximately 26 degrees at a point approximately 36 feet northwest of the center of the manhole, as measured along the street line. The top of said lateral is no less than 8 feet below grade.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, KJ Greentree, LLC, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $48.81. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
March 14, 2005
031056