City of Milwaukee - File #: 010408

• File #: 010408
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 6/29/2001
• In control: PUBLIC WORKS COMMITTEE
• Final action: 8/2/2001
• Title: Resolution approving a Public Access Easement and Maintenance Agreement between Boulder Venture 9, LLC and the City of Milwaukee regarding construction, maintenance and access issues associated with internal streets within the former Capitol Court Shopping Center site. (Infrastructure Services Division)
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS, EASEMENTS, STREET IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
8/10/2001	0	MAYOR	SIGNED
8/2/2001	0	COMMON COUNCIL	ADOPTED	Pass	15:0
7/25/2001	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	4:0
7/20/2001	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
7/2/2001		PUBLIC WORKS COMMITTEE	REFERRED TO
6/29/2001	0	COMMON COUNCIL	ASSIGNED TO

Number

010408

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

Resolution approving a Public Access Easement and Maintenance Agreement between Boulder Venture 9, LLC and the City of Milwaukee regarding construction, maintenance and access issues associated with internal streets within the former Capitol Court Shopping Center site. (Infrastructure Services Division)

Analysis

This resolution approves a Public Access Easement and Maintenance Agreement between Boulder Venture 9, LLC, the developer undertaking the Capitol Court redevelopment project, and the City of Milwaukee.  The project will involve construction of a new North 56th Street through the Capitol Court site.  This new street will be designed to look like a public street but will be privately constructed and privately owned.  The public will be allowed to use this street, along with a short section of North 59th Street within the site, under the auspices of a public access easement.  In return for receiving public access rights, the City will share maintenance responsibilities for these two streets.  The public access rights and the sharing of maintenance responsibilities are codified in the agreement.

Body

Whereas, Boulder Venture 9, LLC, a developer, plans to redevelop the Capitol Court Shopping Center; and

Whereas, The project plans call for construction of a new North 56th Street through the site; and

Whereas, A short section of now private North 59th Street will connect to existing West Capitol Parkway within the site; and

Whereas, It is in the interest of both the City of Milwaukee and the developer that these two streets (i.e. North 56th Street and North 59th Street) be private with public access easements; and

Whereas, To ensure the safety of the motoring public using these streets, it would be in the public interest for the City of Milwaukee to assume certain street maintenance functions including snow plowing; and

Whereas, An agreement providing for public access to these two streets and outlining the assignment of maintenance responsibilities between the developer and the City has been prepared and is attached to the file; now, therefore, be it

Resolved, That the Common Council of the City of Milwaukee hereby approves the Public Access and Maintenance Agreement attached to the file and authorizes the appropriate City officials to execute it on the City's behalf; and, be it

Further Resolved, That the Commissioner of Public Works is authorized to make minor, non-substantive changes in the agreement prior to its execution.

Requestor

The Department of Public Works

Drafter

MAS:THM:cp

7/2/01