City of Milwaukee - File #: 060401

• File #: 060401
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 7/12/2006
• In control: PUBLIC WORKS COMMITTEE
• On agenda: 7/19/2006
• Final action: 9/26/2006
• Title: Substitute resolution to vacate the North-South alley in the block bounded by North Water Street, East Juneau Avenue, vacated North Market Street and East Highland Avenue, in the 4th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: ALLEY VACATIONS

Date	Ver.	Action By	Action	Result	Tally
10/5/2006	1	MAYOR	SIGNED
9/26/2006	1	COMMON COUNCIL	ADOPTED	Pass	15:0
9/13/2006	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
9/8/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/7/2006	1	CITY CLERK	DRAFT SUBMITTED
7/13/2006	0	PUBLIC WORKS COMMITTEE	REFERRED TO
7/12/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060401

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

Substitute resolution to vacate the North-South alley in the block bounded by North Water Street, East Juneau Avenue, vacated North Market Street and East Highland Avenue, in the 4th 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 Redevelopment Authority of the City of Milwaukee for consolidation of land for the development of Staybridge Suites Hotel and Condominiums by DOC Hotels, Inc.

Body

Whereas, It is proposed that the North-South alley in the block bounded by North Water Street, East Juneau Avenue, vacated North Market Street and East Highland Avenue 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 alley as indicated by Exhibit A and bound and described by:

All of the North-South 14.00-foot wide alley as platted in Block 58 of Plat of Milwaukee, a recorded subdivision, in the Northeast 1/4 of Section 29, Township 7 North, Range 22 East, lying between the north line of East Highland Avenue extended and the present south line of East Juneau Avenue 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 upon deposit of the funds required, 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 alley had not been vacated.

Drafter

DCD:VLK:ajf

09/07/06