City of Milwaukee - File #: 100871

• File #: 100871
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 11/3/2010
• In control: PUBLIC WORKS COMMITTEE
• Final action: 1/19/2011
• Effective date: 2/5/2011
• Title: A substitute ordinance granting an air space lease to Fix Development, LLC for a building overhang on the north side of Bruce Street, east of South 2nd Street for the premises at 538 S. 2nd Street.
• Sponsors: THE CHAIR
• Indexes: AIR SPACE LEASES

Date	Ver.	Action By	Action	Result	Tally
2/4/2011	1	CITY CLERK	PUBLISHED
1/27/2011	1	MAYOR	SIGNED
1/19/2011	1	COMMON COUNCIL	PASSED	Pass	15:0
1/6/2011	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individuals appearing: Clark Wantoch, DPW-Infrastructure Services Julie Kaufmann, Developer	Pass	4:0
12/30/2010	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
11/5/2010	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.
11/3/2010	0	COMMON COUNCIL	ASSIGNED TO

Number

100871

Version

Substitute 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance granting an air space lease to Fix Development, LLC for a building overhang on the north side of Bruce Street, east of South 2nd Street for the premises at 538 S. 2nd Street.

Analysis

In accordance with state law, this ordinance will grant an airspace lease to Fix Development, LLC for an overhang extending over the lot line of West Bruce Street, from south 2^nd Street east to the north-south alley.

Body      

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1:   FINDINGS.  In accordance with the provisions of s.66.0915(4), Stats., (2007-2008), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee enter into a lease, substantially the same as the lease attached hereto, with Fix Development, LLC for the purpose of enabling Fix Development, LLC to construct, use, and maintain a building overhang extending over the lot line of West Bruce Street, between South 1^st Street and South 2^nd Street, with the lowest part of that portion not less than 13 feet, 11 inches above the sidewalk area bordering West Bruce Street, and consisting of not more than 9 feet, 11 inches in width and 136 feet, 8 inches in length, and the Common Council of the City of Milwaukee hereby finds that said space above the above-described streets is not needed for street, alley or other public purposes and that the public interest will be served by such leasing inasmuch as the overhang will continue to aid in the development of the Walker's Point neighborhood and convenience of the public.

Part 2:  A copy of such lease is attached hereto and is made part of Common Council File No. 100871.

Part 3:  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.  

Part 4:  Department of City Development, through its real estate section, shall process, with City department funds, the recording of this ordinance with the Milwaukee County Register of Deeds and shall forward the recording information complete with a final copy of the ordinance and lease to the City Engineer and the City Comptroller.

Part 5:  This ordinance shall take effect and be in full force from and after its passage and publication.

Requestor

CA

Drafter      

TDM/tdm

1050-2010-3052:164154