Number
090549
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of South 15th Place between West Van Norman Avenue and the easterly line of I-94, in the 13th Aldermanic District.
Analysis
This substitute resolution vacates the above 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 City of Milwaukee, Department of Public Works, as part of the I-94 North-South Freeway Reconstruction Project.
Body
Whereas, It is proposed that a portion of South 15th Place between West Van Norman Avenue and the easterly line of I-94 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 Section 62.73, 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 right-of-way as indicated by Exhibit A and bound and described by:
All that part of South 15th Place in the Southeast 1/4 of Section 19, Township 6 North, Range 22 East, described as follows: Commencing at the northwest corner of Lot 12 in Block 7 of Bolivar Manor Addition No. 2, a recorded subdivision, in said 1/4 Section; thence Westerly, along the westerly extension of the north line of Lot 12 aforesaid, 10.00 feet to a point in the easterly line of I-94 and the point of the beginning of the land to be described; thence South 89°26’25” West, continuing along said westerly extension and the easterly line of I-94 aforesaid, 20.00 feet to a point in the centerline of South 15th Place; thence South 25°52’05” West, continuing along said easterly line, 69.69 feet to a point in the west line of South 15th Place; thence North 38°52’49” East 80.30 feet to the point of beginning is vacated; 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 Section 62.73, 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 right-of-way had not been vacated.
Drafter
DCD:AJF:ajf
10/15/09