Number
001329
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate portions of North 47th Street and North 48th Street between West Congress Street and West Glendale Avenue, in the 1st Aldermanic District.
Analysis
This substitute resolution vacates the above portions of street 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 portions of North 47th Street and North 48th Street between West Congress Street and West Glendale Avenue 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 as indicated by Exhibit A and bound and described by:
That part of West Congress Street in North Milwaukee Improvement Company Subdivision No. 1, a recorded subdivision, in the Southeast 1/4 of Section 2, Township 7 North, Range 21 East, described as follows:
Commencing at the point of intersection of the Southerly extension of the present east line of North 48th Street and the north line of said subdivision, said line also being the north line of said 1/4 Section; thence Easterly, along said north line, 63.19 feet to the point of beginning of the land to be described; thence continuing Easterly, along said north line, to a point in the east line of said subdivision; thence Southerly, along said east line, to the Northeast corner of Lot 1 in Block 1 of said subdivision; thence Westerly, along the north line of Lots 1 through 7 inclusive in Block 1, to the Northwest corner of Lot 7; thence Southerly, along the west line of Lots 7 and 8 in Block 1 aforesaid, 49.54 feet to a point on a curve; thence Northwesterly, 141.15 feet along the arc of said curve which has a radius of 365.83 feet with its center lying to the North having a central angle of 22 deg. 06 min. 24 sec. and whose chord is 140.28 feet, to a point lying 50.27 feet South of, as measured normal to, the north line of said subdivision; thence Northwesterly 120.05 feet to the point of beginning; and
That part of North 47th Street in the Northeast 1/4 of Section 2, Township 7 North, Range 21 East, described as follows:
Commencing at the original Southwest corner of Lot 8 in Block 4 of Assessment Subdivision No. 70, a recorded subdivision, in said 1/4 Section; thence Easterly, along the south line of Lot 8 aforesaid, 15.40 feet to a point in the present Southeasterly line of North 47th Street; thence Northeasterly, along said Southeasterly line, 20.78 feet to the point of beginning of the land to be described; thence continuing Northeasterly, along said southeasterly line, to the Northeast corner of Lot 6, as originally platted, in Block 4; thence Westerly, along the north line of Lot 6 aforesaid, 79.35 feet to a point; thence Southwesterly, along the present northwesterly line of North 47th Street, to its point of intersection with the present east line of North 48th Street; thence Southerly, along the Southerly extension of said east line, to a point in a line that runs between the point of beginning of this description and the point of intersection of the present west line of North 48th Street with the present north line of West Congress Street; thence Southeasterly along said line to the point of beginning; and
That part of North 48th Street in the Northeast 1/4 of Section 2, Township 7 North, Range 21 East, lying between the Westerly extension of the north line of the South 84 feet of Lot 5 in Block 4 of Assessment Subdivision No. 70, a recorded subdivision, in said 1/4 Section and a line described as follows:
Commencing at the original Southwest corner of Lot 8 in Block 4 of said subdivision; thence Easterly, along the south line of Lot 8 aforesaid, 15.40 feet to a point in the present southeasterly line of North 47th Street; thence Northeasterly, along said southeasterly line 20.78 feet to the point of beginning of the line to be described; thence Northwesterly 93.67 feet to the point of intersection of the present west line of North 48th Street and the present north line of West Congress Street and its terminus are 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 had not been vacated.
Drafter
DCD:JRH:vlk
06/22/01