Number
080495
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the west leg of the east-west alley in the block bounded by West Appleton Avenue, West Beckett Avenue, West Courtland Avenue and West Hampton Avenue, in the 5th Aldermanic District.
Analysis
This substitute resolution vacates the above portion of alley 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 Mirza Fahim Beg to restrict access to a gas station from the alley for the security of his customers.
Body
Whereas, It is proposed that the west leg of the east-west alley in the block bounded by West Appleton Avenue, West Beckett Avenue, West Courtland Avenue and West Hampton Avenue be vacated pursuant to the provisions of Section 62.73, 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, 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 portion of alley as indicated by Exhibit A and bound and described by:
That part of the east-west 20-foot wide alley as presently laid out in Block 1 of Fondale, a recorded subdivision, in the Northeast 1/4 of Section 3, Township 7 North, Range 21 East, described as follows: Commencing at the northwest corner of Lot 8 in said Block 1; thence Southeasterly, along the westerly line of Lot 8 aforesaid, 22.74 feet to the point of beginning of the land to be described; thence Northeasterly, as measured normal to, said westerly line, 39.00 feet to a point in the north line of Lot 8; thence Northeasterly to the southwest corner of Lot 4 in said Block 1; thence Easterly, along the south line of Lot 4 and Lot 3 in said Block 1, to the southeast corner of Lot 3; thence Southwesterly to northeast corner of Lot 8; thence Westerly, along the north line of Lot 8, to a point lying 84.73 feet easterly of the northwest corner of Lot 8; thence Southwesterly, as measured normal to, the westerly line of Lot 8 aforesaid, 73.15 feet to a point in said westerly line; thence Northwesterly 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 portion of alley had not been vacated.
Drafter
DCD:AJF:ajf
07/10/09