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File #: 241029    Version:
Type: Resolution Status: Passed
File created: 11/6/2024 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 4/2/2025
Effective date:    
Title: Substitute resolution to vacate the east-west alley in the block bounded by East Mineral Street, East Washington Street, South Barclay Street, and railway, in the 12th Aldermanic District.
Sponsors: THE CHAIR
Indexes: ALLEY VACATIONS
Attachments: 1. Exhibit A, 2. City Plan Commission Letter, 3. CPC Staff Report, 4. Presentation.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/7/20251 MAYOR SIGNED   Action details Meeting details Not available
4/2/20251 COMMON COUNCIL ADOPTEDPass13:0 Action details Meeting details Video Video
3/20/20250 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Appearing: DCD
Pass5:0 Action details Meeting details Video Video
2/17/20250 CITY PLAN COMMISSION RECOMMENDED FOR ADOPTION AND ASSIGNED

Minutes note: Appearing: Jonny Latsko, DCD Planning Atty. Michael Maistelman, legal counsel for applicant Mr. Latsko presented. Staff recommends approval. This resolution vacates the above public right-of-way in accordance with vacation proceedings. This vacation was requested by Mill Valley Recycling LLC, the abutting property owner at 1006 South Barclay Street, to continue utilizing the alley as a private drive. Vice-chair Nemec moved approval, seconded by commissioner Washington. (Prevailed 5-0)
Pass5:0 Action details Meeting details Not available
11/6/20240 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

241029

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution to vacate the east-west alley in the block bounded by East Mineral Street, East Washington Street, South Barclay Street, and railway, in the 12th Aldermanic District.

Analysis

This substitute resolution vacates the above public right-of-way 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 the abutting property owner Mill Valley Recycling, LLC in order to continue using the alley as a private drive.

Body

Whereas, It is proposed that the east side of South Barclay Street and north of East Washington Street be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and

 

Whereas, The Department of Public Works has been 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 Sections 62.73(1) and 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 public right-of-way is vacated as indicated in Exhibit A and bound and described by:

 

That portion of the alley as presently laid out in the block east of South Barclay Street between East Mineral Street and East Washington Street in the City of Milwaukee, Milwaukee County, Wisconsin; 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 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 when a money deposit is required, it must be deposited prior to implementing said actions; and, be it

 

Further Resolved, That as provided by Sections 62.73(1) and 66.1005(2), Wisconsin Statutes, said vacation shall not terminate the easements and rights incidental thereto held, acquired by or belonging to any county, school district, town, village or city, or to any utility or person that relate to any underground or overground 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 right-of-way had not been vacated; and, be it

 

Further Resolved, That the proper City officials, including the Commissioner of Public Works, are authorized to sign any easements or other documents necessary to assert the City of Milwaukee’s rights under Section 66.1005(2), Wisconsin Statutes, and cause the same to be recorded in the Milwaukee County Register of Deeds Office.

Drafter

DCD:Jonathan.Latsko:jgl

03/12/25