Number
001336
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of West Courtland Avenue between North 31st Street and North 32nd Street; and a portion of the North-South leg of alley in the block bounded by West Courtland Avenue, West Glendale Avenue, North 31st Street and North 32nd Street, in the 1st Aldermanic District.
Analysis
This substitute resolution vacates the above portions of street and alley in accordance with vacation proceedings under power granted to the City of Milwaukee by Section 66.297(1), Wisconsin Statutes, and Section 81-308-28, Milwaukee Code of Ordinances. This vacation was requested by the Milwaukee Metropolitan Sewerage District for the construction of Lincoln Creek watercourse improvements.
Body
Whereas, It is proposed that a portion of West Courtland Avenue between North 31st Street and North 32nd Street; and a portion of the North-South leg of alley in the block bounded by West Courtland Avenue, West Glendale Avenue, North 31st Street and North 32nd Street be vacated pursuant to the provisions of Section 66.297, 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, Said vacation has been reviewed in accordance with Section 81-308-28, Milwaukee Code of Ordinances; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that said portions of street and alley as indicated by Exhibit A and bound and described by:
All of West Courtland Avenue as platted in North Milwaukee Townsite Company's Addition No. 2, a recorded subdivision, in the Northeast 1/4 of Section 1, Township 7 North, Range 21 East, lying between the west line of North 31st Street extended and the east line of North 32nd Street extended.
That part of the North-South 15-foot wide alley as platted in Block 29 of North Milwaukee Townsite Company's Addition No. 2, a recorded subdivision, in the Northeast 1/4 of Section 1, Township 7 North, Range 21 East, described as follows:
Commencing at the Northwest corner of Lot 1; thence Southerly, along the west line of Lots 1 through 6 inclusive, to the southwest corner of Lot 6; thence Westerly to the southeast corner of Lot 31; thence Northerly, along the east line of Lots 31 through 34 inclusive, to the northeast corner of Lot 34, said point lying in the easterly line of Lincoln Creek, as originally platted, in said subdivision; thence Northeasterly, along said creek line, to a point in the westerly extension of the south line of West Courtland Avenue; thence Easterly 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 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 street and alley had not been vacated.
Drafter
DCD:JRH:vlk
06/01/01