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File #: 151868    Version:
Type: Resolution Status: Passed
File created: 4/15/2016 In control: COMMON COUNCIL
On agenda: Final action: 5/27/2020
Effective date:    
Title: Substitute resolution amending a special privilege for change of ownership to Haymarket Lofts LP for existing building encroachments projecting into the public right-of-way for the premises at 1300 North Vel R. Phillips Avenue, in the 6th Aldermanic District.
Sponsors: THE CHAIR
Indexes: SPECIAL PRIVILEGE PERMITS
Attachments: 1. Petition for Special Privilege.pdf, 2. CCF 151868 MAP.pdf, 3. CCF 151868 Photo.pdf
Number
151868
Version
SUBSTITUTE 1
Reference
150430
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Haymarket Lofts LP for existing building encroachments projecting into the public right-of-way for the premises at 1300 North Vel R. Phillips Avenue, in the 6th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Haymarket Lofts LP for existing building encroachments projecting into the public right-of-way for the premises at 1300 North Vel R. Phillips Avenue.
Body
Whereas, Roadster LLC applied for a special privilege to keep and maintain existing building encroachments in the public right-of-way; and

Whereas, Permission for said building encroachments was granted under Common Council Resolution File Number 150430; and

Whereas, Haymarket Lofts LP now owns the building; and

Whereas, For liability for said building encroachments to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 150430 is hereby rescinded; and, be it

Further Resolved, That Haymarket Lofts LP, 500 East 96th Street, Suite 300, Indianapolis, IN 46240 is hereby granted the following special privilege:

To keep and maintain portions of the building projecting into the public rights-of-way of North Vel R. Phillips Avenue and West McKinley Avenue. The building projects between 4 and 8 inches into the east, 11-foot wide sidewalk area of North Vel R. Phillips Avenue commencing at a point approximately 7 inches south of the north line of West McKinley Avenue and extending north 152 feet. The building projects between 6 and 7 inches into the north, variable width sidewalk area of West McKinley Avenue commencing at a point approximately 7 inches west of the east line of North Vel R. Phillips Avenue and extending east 136 feet.

Said above-mentioned building encroachments shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.

Said building encroachments shall be maintained or removed from the public right-of-way, at such future time as it is no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.

; and, be it

Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Haymarket Lofts LP, shall:

Become primarily liable for damages to persons or property by reason of the granting of this special privilege.

File with the Commissioner of Public Works a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.

Pay to the City Treasurer an annual fee, which has an initial amount of $50.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.

Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works and curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.

Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.

Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Administration Division
JERREL KRUSCHKE/DAWN SCHMIDT
April 16, 2020
151868