NUMB:
991277
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
Resolution to vacate West Fountain Avenue from North 78th Street to North 79th Street; West Port Avenue from North 76th Street to North 78th Street; West Port Avenue from a point 87 feet, more or less, East of North 80th Street to North 79th Street; North 78th Street from West Port Avenue South to its terminus and North 79th Street from West Port Avenue South to its terminus, in the 9th Aldermanic District.(DCD)
ANLS:
- Analysis -
This resolution vacates the above undeveloped streets 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 Minors Garden Center for their nursery.
BODY:
Whereas, It is proposed that West Fountain Avenue from North 78th Street to North 79th Street; West Port Avenue from North 76th Street to North 78th Street; West Port Avenue from a point 87 feet, more or less, East of North 80th Street to North 79th Street; North 78th Street from West Port Avenue South to its terminus and North 79th Street from West Port Avenue South to its terminus, be vacated pursuant to the provisions of Section 66.297, Wisconsin Statutes; and
Whereas, This proposed 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 undeveloped streets, as indicated by Exhibit "A" bounded and described as follows:
All those portions of streets as platted in Old Orchard Highlands, a recorded subdivision, in the Northeast 1/4 of Section 16, Township 08 North, Range 21 East, described as follows: West Fountain Avenue lying between the westerly line of North 78th Street extended and the easterly line of North 79th Street extended; West Port Avenue lying between the west line of North 76th Street extended and the east line of North 78th Street extended and from North 79th Street northwesterly to a line described as the southwesterly extension of the westerly line of Lot 12 in Block 2 of said subdivision; North 78th Street between the north line and south line of said subdivision and North 79th Street from West Port Avenue South to the south line of said subdivision, are vacated; and, be it
Further Resolved, That as provided by Section 80.32(4), Wisconsin Statutes, such 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 of entrance, maintenance, construction and repair with reference thereto shall continue as if said undeveloped streets had not been vacated.
ZDPT:
DFTR:
DCD:JRH:vlk
11/29/99/A