Number
140261
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WADE
Title
Substitute resolution to vacate a portion of North 31st Street, west side, at West Hopkins Street, in the 7th 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 vacation was requested by the Redevelopment Authority of the City of Milwaukee to allow for a certified survey map that will split adjacent lands into two parcels that can be sold for future development.
Body
Whereas, It is proposed that a portion of North 31st Street, west side, at West Hopkins Street be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and
Whereas, The Department of Public Works has been 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 right-of-way as indicated by Exhibit A and bound and described by:
That part of North 31st Street, in the Northeast 1/4 of Section 12, Township 7 North, Range 21 East, described as follows: Commencing at the point of intersection of the southwesterly line of West Hopkins Street and the west line of North 31st Street; thence North 00°35'01" West, along said west line, 33.96 feet to a point on a curve; thence Southeasterly, 52.05 feet along said curve, which has a radius of 256.00 feet with its center lying to the northeast having a central angle of 11°38'56" and whose chord bears South 13°55'09.5" East 51.96 feet to a point on the southwesterly line of West Hopkins Street; thence North 36°25'17" West, along said southwesterly line, 20.47 feet to the point of commencement 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 right-of-way had not been vacated.
Drafter
DCD:Ed.Richardson:ear
07/01/14