Number
220767
Version
SUBSTITUTE 1
Reference
180166, 220489
Sponsor
ALD. BAUMAN
Title
Substitute resolution authorizing the City of Milwaukee to accept pedestrian and emergency vehicle access easements from MKE BLK23 LLC and a related access agreement from Deer District LLC, to facilitate access for portions of Blocks 1, 2, and 3 within the Arena Master Plan General Plan Development, in the 4th Aldermanic District.
Analysis
This resolution authorizes the City of Milwaukee to accept easements from MKE BLK23 LLC for public pedestrian and emergency vehicle access and usage and a related access agreement in the form of a license with Deer District LLC for public pedestrian access and usage to facilitate ingress and egress over portions of Blocks 1, 2, and 3 within the Arena Master Plan General Plan Development.
Body
Whereas, By adoption of Common Council File No. 180166 approved July 31, 2018, the City vacated a portion of West Highland Avenue located directly east of North 6th Street (the “Vacated ROW”) to facilitate a truck loading area to be utilized by Deer District LLC (“Deer District”) as part of its development and operation of a new multi-purpose arena; and
Whereas, Wisconsin Center District (“WCD”) is the owner of the Vacated ROW and the real estate where the arena is located (collectively the “WCD Property”); and
Whereas, Pursuant to s. 229.461, Wis. Stats., the WCD Property has been leased to Deer District for development and operation of sports and entertainment arena facilities; and
Whereas, As a condition to the vacation of the Vacated ROW by the City of Milwaukee (“City”), the City required that an easement be executed by WDC and Deer District so that the Vacated ROW would remain open to the public for vehicular and pedestrian access in the event that the 5th Street ROW was established (the “Original Easement”); and
Whereas, The Original Easement is currently being held in escrow and shall have no force or effect until such time as the 5th Street ROW is established and the Original Easement is then recorded by City; and
Whereas, Deer District, the City, and the Redevelopment Authority of the City of Milwaukee entered into that certain Cooperation, Contribution and Development Agreement dated as of December 22, 2015, as amended by that certain first amendment dated September 20, 2016, and that certain second amendment dated September 1, 2020, (collectively, the “Development Agreement”) which, among other things, requires Deer District to provide a deed for a public right-of-way to the City for the establishment of North 5th Street between that portion of West Highland previously vacated by the City directly east of North 6th Street on the north and West State Street on the south (the “5th Street ROW”), unless the Ancillary Development (as defined in the Development Agreement) proposed is not compatible with establishing North 5th Street, making said dedication waived by the City; and
Whereas, The initially contemplated 5th Street ROW is now anticipated to be a private service drive, given that the currently proposed development for Blocks 2 and 3 does not require establishing said right of way; and
Whereas, The City waived the requirement that the 5th Street ROW be established under the Development Agreement in the event that the proposed Ancillary Development is not compatible with establishing North 5th Street, and therefore the Original Easement shall be terminated and have no force or effect; and
Whereas, In connection with the development of Blocks 2 and 3 and in lieu of the 5th Street ROW and corresponding Original Easement, the City and MKE BLK23 LLC and Deer District desire to facilitate ingress and egress for public pedestrians and emergency vehicles over the area generally bounded by 6th Street and Vel R. Philips Avenue within the Arena Master Plan General Plan Development pursuant to the agreements described herein; and
Whereas, MKE BLK23 LLC, as owner of the respective property, has agreed to grant non-exclusive easements to the City for (i) public pedestrian and emergency vehicle usage and access to that portion of 5th Street/Private Service Drive generally bounded by West Highland Avenue and West State Street and (ii) public pedestrian access and usage to that portion of West Highland Avenue generally bounded by North Fifth Street/Private Service Drive and North Vel R. Phillips Avenue; and
Whereas, Deer District has agreed to grant a non-exclusive access agreement in the form of a license to the City, pursuant to its lease with WDC, for pedestrian access and usage of the Vacated ROW; and
Whereas, The proposed easements and license would facilitate the goals of providing pedestrian access throughout the greater arena district and improve connectivity in this portion of Downtown; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee (“Common Council”), that by adoption of this resolution the City agrees to the agreement to accept pedestrian and emergency vehicle access easements as described in Exhibit A under the terms of Exhibit B; and, be it
Further Resolved, That the City agrees to the agreement for a pedestrian access license as described in Exhibit A under the terms of Exhibit C; and, be it
Further Resolved, That the proper City officials are directed to sign and record the easement agreement and sign the license agreement; provided, however, that the authorization shall have no force or effect until Common Council File No. 220490 is adopted by the Common Council; and, be it
Further Resolved, If Common Council File No. 220490 is not adopted by the Common Council, this authorization shall be deemed immediately terminated and shall have no force or effect.
Drafter
DCD: Lauren.Brady: lb
LRB 177668-2
Christopher Hillard
10/18/2022