City of Milwaukee - File #: 080262

• File #: 080262
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 6/10/2008
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/30/2008
• Title: Substitute resolution to vacate an 8-foot portion of right-of-way parallel to the existing curb alignment along South Alexander Street and West Nicholas Street between South 5th Street and South 6th Street, in the 12th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: STREET VACATIONS

Date	Ver.	Action By	Action	Result	Tally
8/6/2008	1	MAYOR	SIGNED
7/30/2008	1	COMMON COUNCIL	ADOPTED	Pass	12:0
7/16/2008	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Individual present: Vanessa Koster	Pass	4:0
7/11/2008	1	CITY CLERK	DRAFT SUBMITTED
7/9/2008	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/11/2008	0	PUBLIC WORKS COMMITTEE	REFERRED TO
6/10/2008	0	COMMON COUNCIL	ASSIGNED TO

Number
080262
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution to vacate an 8-foot portion of right-of-way parallel to the existing curb alignment along South Alexander Street and West Nicholas Street between South 5th Street and South 6th Street, in the 12th Aldermanic District.
Analysis
This substitute resolution vacates the above 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 resolution vacates an 8-foot strip of land and allows for a proposed retaining wall to be constructed within the applicant's property line.
Body
Whereas, It is proposed that 8 feet of right-of-way parallel to the existing curb alignment along South Alexander Street and West Nicholas Street between South 5th Street and South 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, The owner shall maintain and keep in good condition, the retaining wall abutting and supporting the adjacent City right-of-way, and also the owner will be held liable for any loss, damage, injury or liability to or on the City right-of-way from failure to properly construct, install and maintain the retaining wall; 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 right-of-way as indicated by Exhibit A and bound and described by:

That part of South Alexander Street and West Nicholas Street in the Northeast ...