Number
111401
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the unimproved north-south alley in the block bounded by West Cleveland Avenue, West Harrison Avenue, South 10th Street and South 11th Street, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above 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 the Milwaukee Department of Public Works, since said alley is not needed for public purposes.
Body
Whereas, It is proposed that the unimproved north-south alley in the block bounded by West Cleveland Avenue, West Harrison Avenue, South 10th Street and South 11th Street 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 alley as indicated by Exhibit A and bound and described by:
All of the north-south 24-foot wide alley as originally platted in Block 11 of Savings and Investment Association of Milwaukee Subdivision No. 6, a recorded subdivision, in the Northwest 1/4 of Section 8, Township 6 North, Range 22 East, lying between the north line of West Cleveland Avenue extended and the south line of the Kinnickinnic River also between the south line of West Harrison Avenue extended and the north line of the Kinnickinnic River 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 alley had not been vacated.
Drafter
DCD:EAR:ear
05/18/12