Number
130267
Version
ORIGINAL
Reference
Sponsor
ALD. BAUMAN
Title
Resolution authorizing a Purchase and Sale Agreement with the Union Pacific Railroad Company for the former railroad right-of-way and abutting pier at 501 East Erie Street and to allow subsequent dedication as public right-of-way for a pedestrian plaza, in the 4th Aldermanic District.
Analysis
This resolution authorizes acquisition by the City of former railroad right-of-way and subsequent dedication of the parcel as public right-of-way.
Body
Whereas, The Union Pacific Railroad Company ("UP") no longer needs its railroad right-of-way at 501 East Erie Street (Tax Key No. 392-2178-120-5) and abutting pier to provide rail service to The Coachyards; and
Whereas, On July 26, 2012, UP asked the Wisconsin Department of Transportation ("WISDOT") to release its right of first refusal under Section 85.09, Wisconsin Statutes, that allows it or other governmental entities to acquire abandoned railroad right-of-way prior to other sale; and
Whereas, WISDOT forwarded the request to other state agencies, Milwaukee County and the City of Milwaukee ("City"), but the City was the only governmental entity that expressed interest in possible acquisition of the former right-of-way; and
Whereas, The parcel at 501 East Erie Street abuts an unimproved section of East Polk Street and the Milwaukee River, which makes the site suitable for recreational use or open space if combined with the existing unimproved right-of-way that adjoins the parcel; and
Whereas, City acquisition of 501 East Erie Street and the abutting pier is desirable because the parcel is uniquely situated in an area where the City desires to connect the existing riverwalk along the Harbor Front Condominium to other riverwalk sections to the northwest; and
Whereas, On October 12, 2012, the Commissioner of the Department of City Development ("DCD") notified WISDOT that the City desired to take an assignment of WISDOT's right of first refusal Section 85.09, Wisconsin Statutes, and began negotiations with UP with the understanding that any purchase by the City was subject to Common Council approval; and
Whereas, A Purchase and Sale Agreement has been negotiated with UP contingent on Common Council approval in the amount of $52,950, which was UP's established price for the property and which the City Real Estate Officer has determined to be a reasonable purchase price based on a review of area property sales; and
Whereas, Funding for the property acquisition and associated closing costs will be funded through Amendment No. 2 to the Project Plan for Tax Incremental District ("TID") No. 56 that is being considered concurrently with this Common Council File; and
Whereas, After acquisition, the property and abutting pier may be dedicated as public right-of-way as a pedestrian plaza upon the recommendation of the Commissioner of the Department of Public Works ("DPW"); and
Whereas, The area that may be dedicated as public right-of-way is described below and is illustrated in Exhibit A, a copy of which is attached to this Common Council File:
That Part of Lots 1 and 2 in Block 167 of Survey and Subdivision of Lots 1 and 2, a recorded subdivision, in the Northwest 1/4 of Section 33, Township 7 North, Range 22 East, along with accrued lands, adjacent to and abutting said Lots 1 and 2, between the westerly line of said Block 167, as originally platted, and the dock line of the left bank of the Milwaukee River, established per Ordinance No. 754, Common Council File No. 63-3847-A, adopted on March 17, 1964, all lying northerly and westerly of the following described line: Commencing at the most easterly corner of Lot 3 in said Block 167; thence Northwesterly, along the northeasterly lines of Lots 3, 2 and 1 aforesaid, 100 feet, more or less, to a point in the northerly line of the property described in the deed recorded as Document No. 6782980 on June 22, 1993, said point lying 10 feet southeasterly of, as measured normal to, the centerline of I.C.C. Track No. 234 of the Union Pacific Railroad Company, formerly known as the Chicago and Northwestern Transportation Company and being the point of beginning of the line to be described; thence Southwesterly, along said northerly property line and parallel to said centerline, 105 feet, more or less, to a point in the southwesterly line of said Lot 2, as originally platted, said southwesterly line being the southwesterly property line as described in said deed; thence southeasterly, along said southwesterly line, 25 feet, more or less, to a point in the southeasterly property line as described in said deed; thence Southwesterly, along the southwesterly extension of said southeasterly line, to a point in the established dock line of the left bank of the Milwaukee River and the terminus of the described line; and
Whereas, The City Plan Commission has approved the dedication of the area as public right-of-way for a pedestrian plaza; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Purchase and Sale Agreement negotiated with UP for the parcel at 501 East Erie Street and the abutting pier, a copy of which is attached to this Common Council File, is authorized and confirmed, and the Commissioner of DCD, or designee, is authorized to execute all acquisition documents, assignments and releases on behalf of the City; and, be it
Further Resolved, That, DCD and DPW are authorized to take such further actions, as may be necessary, to carry out the intent and purpose of this resolution and to acquire the subject parcel and abutting pier structure; and, be it
Further Resolved, That funds for the acquisition shall be provided from TID No. 56 contingent on Common Council approval of Amendment No. 2 to the Project Plan; and, be it
Further Resolved, That after fee acquisition and upon the recommendation of the Commissioner of DPW, the City is authorized to dedicate the parcel at 501 East Erie Street and the abutting pier, as legally described above, as public right-of-way for future use as a pedestrian plaza or other suitable right-of-way purpose.
Drafter
DCD-Real Estate
EMM:bmm
06/11/13/A