Number
051239
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate North 6th Street from West St. Paul Avenue South to the Menomonee River, in the 4th Aldermanic District.
Analysis
This substitute resolution vacates the above street 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 Wisconsin Department of Transportation (“WISDOT”) in conjunction with WISDOT's Milwaukee Intermodal Station development.
Body
Whereas, It is proposed that North 6th Street from West St. Paul Avenue South to the Menomonee River 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 840.11, 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 street as indicated by Exhibit A and bound and described by:
All of North 6th Street as presently laid out in the Southeast 1/4 and the Southwest 1/4 of Section 29, Township 7 North, Range 22 East, lying between the south line of West St. Paul Avenue extended and the left bank of the Menomonee River, established per Ordinance No. 702, Common Council File No. 67-2150, passed on November 14, 1967, 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, be it
Further Resolved, That as provided by Section 80.32(4), 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 street had not been vacated.
Drafter
DCD:VLK:ajf
06/23/06