Number
040717
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the north-south 15-foot wide alley and a portion of the east-west 20-foot wide alley in the block bounded by South Cesar E. Chavez Drive, West Mineral Street, West Walker Street and South 15th Street, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above portions 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 BMR Design Group on behalf of the owner to allow for future construction of a 20,000 square foot El Rey grocery store.
Body
Whereas, It is proposed that the north-south 15-foot wide alley and a portion of the east-west 20-foot wide alley in the block bounded by South Cesar E. Chavez Drive, West Mineral Street, West Walker Street and South 15th 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 portions of alley as indicated by Exhibit A and bound and described by:
That part of the north-south 15-foot wide alley and portion of the east-west 20-foot wide alley, as platted in Block 2 of M. Keenan's Subdivision, a recorded subdivision, in the Southeast 1/4 of Section 31, Township 7 North, Range 22 East, described as follows:
Commencing at the southeast corner of Lot 11 in said Block 2; thence Westerly, along the south line of Lot 11, to the southwest corner of Lot 11; thence Northerly, along the westerly line of Lot 11, to the northwest corner of Lot 11; thence Westerly to the northeast corner of Lot 12 in said Block 2; thence Southerly, along the east line of Lots 12 through 21 inclusive in said Block 2, to the southeast corner of Lot 21; thence Easterly to the southwest corner of Lot 22 in said Block 2; thence Northerly, along the west line of Lot 22, to the northwest corner of Lot 22; thence Easterly, along the north line of Lot 22, to the northeast corner of Lot 22; thence Northerly to the point of commencement, 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 actions listed in the coordinated report relating to said vacation; 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 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 portions of alley had not been vacated.
Drafter
DCD:JRH:vlk
05/10/05