Number
031327
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate an alley between West Sheridan Avenue and North 99th Street in the block bounded by West Sheridan Avenue, West Appleton Avenue, West Potomac Avenue, North 99th Street and West Silver Spring Drive, in the 5th 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 Upesh C. Shah for the consolidation of property to the north and south of the alley.
Body
Whereas, It is proposed that an alley between West Sheridan Avenue and North 99th Street in the block bounded by West Sheridan Avenue, West Appleton Avenue, West Potomac Avenue, North 99th Street and West Silver Spring Drive 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 southeast-northwest and east-west 20-foot wide alley, as platted, in Block 11 of Prospect Heights Annex, a recorded subdivision, in the Northeast 1/4 of Section 32, Township 8 North, Range 21 East, lying between the northerly line of West Sheridan Avenue extended and the east line of North 99th Street extended 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:AJF:ajf
07/11/08