Number
131385
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to vacate the right-turn bypass lane of eastbound West Walnut Street at North 6th Street, in the 6th Aldermanic District.
Analysis
This substitute resolution vacates the above street right-of-way 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 Sojourner Family Peace Center to consolidate land for the construction of a new facility on the premises.
Body
Whereas, It is proposed that the right-turn bypass lane of eastbound West Walnut Street at North 6th 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 street right-of-way as indicated by Exhibit A and bound and described by:
That part of West Walnut Street in the Southwest 1/4 of Section 20, Township 7 North, Range 22 East, described as follows: Commencing at the northwest corner of Block E of Plymouth Hill, a recorded subdivision, in said 1/4 Section; thence Easterly, along the present south line of West Walnut Street, 170.00 feet to the point of beginning of the land to be described; thence continuing Easterly, along the easterly extension of said present south line, to its point of intersection with the northerly extension of the west line of North 6th Street; thence Southerly, along said northerly extension, to a point in the northeast line of said Block E and the present southerly line of West Walnut Street; thence Northwesterly, along said present southerly line, 138.78 feet to the point of beginning 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 street right-of-way had not been vacated.
Drafter
DCD:EAR:ear
04/04/14