Number
040200
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing and approving conveyance to the Wisconsin Department of Transportation of a fee title to certain lands, and a temporary limited easement in certain other lands for purposes of Marquette Interchange reconstruction work, affecting Milwaukee Public School property at 1111 North 10th Street (sometimes also referred to as 1124 North 11th Street or 1110 North 10th Street) in the 4th Aldermanic District.
Analysis
This Resolution authorizes the City, on behalf of the Board of School Directors of the Milwaukee Public Schools "MPS" under Wis. Stat. § 119.60(2), to convey certain lands to Wisconsin Department of Transportation "DOT" and to grant a temporary limited easement "TLE" to DOT for Marquette Interchange reconstruction work concerning the MPS premises at 1111 North 10th Street.
Body
Whereas, The DOT, under threat of condemnation, wishes to acquire 357 square feet of real estate, in fee, and 2,762 square feet of real estate under a TLE, all of which fee parcel and TLE parcel are a part of 1111 North 10th Street (sometimes also referred to as 1124 North 11th Street or 1110 North 10th Street, Tax Key No. 391-0261-111-3) for purposes of Marquette Interchange reconstruction work involving the north-leg segment; and
Whereas, The DOT, MPS officials, and City officials (including DPW) met with respect to this matter; and
Whereas, The City Attorney's Office helped to negotiate the "Agreement for Purchase and Sale of Real Estate and Temporary Limited Easement" (the "Agreement") and the "Statement to Construction Engineer" ("Statement") that are part of this file and that pertain to the fee acquisition and TLE; and
Whereas, This matter, including the Agreement and Statement, are concurrently being considered by the Board of School Directors of MPS; now, therefore, be it
Resolved, That, so long as the MPS Board issues to the City a written request under Wis. Stat. § 119.60(2) directing and authorizing the conveyance of the 357 square feet in fee to DOT and the TLE for the 2,762 square feet of property on the terms and conditions reflected in the Agreement and the Statement (or on terms and conditions substantially similar thereto), the Common Council of the City of Milwaukee approves the City entering into said Agreement and Statement in accordance with such MPS Board request and the City conveying the fee interest and the TLE to DOT in furtherance thereof; and, be it
Further Resolved, That the Common Council authorizes and approves the proper City officials executing such Agreement and Statement and taking such further actions as may be deemed necessary or required to effectuate the purposes of the same (including, but not limited to, executing and delivering a Quit Claim Deed to DOT for the fee interest); and, be it
Further Resolved, That, in accordance with Wis. Stat. § 119.60(1), the proceeds of the sale shall not go into the general City fund but shall become part of the school-construction fund to be applied on the purchase of real property for school purposes.
Requestor
City Attorney
Drafter
GCH:kg
May 18, 2004
1089-2003-3901
81005