Number
090545
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of West Bolivar Avenue, north side, from South 6th Street east to a point, in the 13th Aldermanic District.
Analysis
This substitute resolution vacates the above right-of-way 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 the City of Milwaukee, Department of Public Works, as part of the I-94 North-South Freeway Reconstruction Project.
Body
Whereas, It is proposed that a portion of West Bolivar Avenue, north side, from South 6th Street east to a point be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and
Whereas, The Department of Public Works has been 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 right-of-way as indicated by Exhibit A and bound and described by:
That part of West Bolivar Avenue in the Northeast 1/4 and the Southeast 1/4 of Section 20, Township 6 North, Range 22 East, described as follows: Commencing at the intersection of the east line of South 6th Street and the north line of West Bolivar Avenue; thence South 88°56’24” East, along said north line, 142.84 feet to a point on a curve; thence Southwesterly, 150.60 feet along the arc of said curve which has a radius of 1490.20 feet with its center lying to the northwest having a central angle of 05°47’25” and whose chord bears South 71°50’11” West 150.53 feet to a point in the east line of South 6th Street extended; thence North 00°32’05” East, along said east line extended and parallel to the west line of said Southeast 1/4 Section, 16.57 feet to a point in the north line of said Southeast 1/4 Section; thence North 00°06’16” East, continuing along said east line extended and parallel to the west line of said Northeast 1/4 Section, 33.00 feet to the point of commencement 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 right-of-way had not been vacated.
Drafter
DCD:AJF:ajf
10/15/09