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File #: 060807    Version: 0
Type: Resolution Status: Passed
File created: 10/24/2006 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 12/12/2006
Effective date:    
Title: Resolution authorizing and approving conveyance to the Wisconsin Department of Transportation of a permanent easement in Milwaukee Public School lands at 1111 N. 10th Street to allow repair work associated with the Marquette Interchange reconstruction project in the 4th Aldermanic District.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, ALLEY IMPROVEMENTS, EASEMENTS, EXPRESSWAYS, MILWAUKEE PUBLIC SCHOOLS, WISCONSIN DEPARTMENT OF TRANSPORTATION
Attachments: 1. City Atty. Cover Letter.pdf, 2. Easement.pdf, 3. Fiscal Note.pdf, 4. Repair Agreement.pdf, 5. MPS Letter.PDF, 6. MPS Board Minutes.PDF, 7. Letter from CA attached to Easement.Doc, 8. 11-30-06 E-mail regarding revised agreement, 9. 11-30-06 Letter from City Attorney, 10. Revised MPS Permanent Easement Agreement
Number
060807
Version
ORIGINAL
Reference
041677 and 040200
Sponsor
THE CHAIR
Title
Resolution authorizing and approving conveyance to the Wisconsin Department of Transportation of a permanent easement in Milwaukee Public School lands at 1111 N. 10th Street to allow repair work associated with the Marquette Interchange reconstruction project in the 4th Aldermanic District.
Analysis
This Resolution authorizes the City, on behalf of the Board of School Directors of the Milwaukee Public Schools (“MPS”) under Wis. Stat. § 119.60 (2), to grant to the Wisconsin Department of Transportation (“DOT”) a permanent easement (“PE”) interest in and to that certain parcel at 1111 North 10th Street (sometimes also referred to as 1124 North 11th Street or 1110 North 10th Street) (the “MPS Facilities and Maintenance Property”) to allow repair work associated with the DOT’s Marquette Interchange reconstruction work.
Body
Whereas, Per Common Council Resolution File No.’s 041677 and 040200, the City on behalf of Milwaukee Public Schools (MPS) conveyed certain fees, permanent easement (PE), and temporary limited easement (“TLE”) interests to Department of Transportation (DOT) in the MPS Facilities and Maintenance Property to allow (DOT) and its contractors to undertake Marquette Interchange reconstruction work involving the north-leg segment; and

Whereas, In conjunction with that Marquette Interchange reconstruction work, a DOT contractor, Walsh Construction Company of Illinois (“Walsh”), by excavating, caused soil instability and damage resulted to the MPS Facilities and Maintenance Property; and

Whereas, MPS and DOT (after MPS Board approval) entered into an “Agreement Relating to Damage to Property at 1111 North 10th Street” dated May 11, 2006 (the “Repair Agreement”) whereby the damage would be repaired and addressed; and

Whereas, As contemplated by the Repair Agreement, TLE’s and PE’s are required, the PE being necessary, among other things, to allow for tie-backs...

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