City of Milwaukee - File #: 161322

• File #: 161322
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 1/18/2017
• In control: COMMON COUNCIL
• Final action: 3/28/2017
• Title: Substitute resolution to vacate a portion of the alley in the block bounded by North Broadway, East Mason Street, North Water Street and East Wells Street and to terminate an air space lease, in the 4th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: ALLEY VACATIONS

Date	Ver.	Action By	Action	Result	Tally
4/6/2017	1	MAYOR	SIGNED
3/28/2017	1	COMMON COUNCIL	ADOPTED	Pass	15:0
3/8/2017	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Kyle Gast - Department of City Development Karen Dettmer - Department of Public Works Yance Marti - Department of Public Works Rob Olthenburg - Irgens	Pass	5:0
2/13/2017	0	CITY PLAN COMMISSION	RECOMMENDED FOR ADOPTION AND ASSIGNED; Minutes note: Individual appearing: Rob Oldenburg, Irgens Member Allen moved conditional approval, seconded by member Gould. There were no objections from those members present. Condition: submittal to DCD staff an executed petition and payment of $9100 in fees to remove existing alley approach and building of new curb on south side of Wells Street	Pass	5:0
1/19/2017	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Molly Kuether at 286-2775 MollyKuether@milwaukee.gov
1/18/2017	0	COMMON COUNCIL	ASSIGNED TO

Number
161322
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution to vacate a portion of the alley in the block bounded by North Broadway, East Mason Street, North Water Street and East Wells Street and to terminate an air space lease, in the 4th Aldermanic District.
Analysis
This substitute resolution vacates the above public 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, and it terminates an air space lease, since it is no longer necessary. This vacation was requested by BMO Harris Bank NA to accommodate a new development.
Body
Whereas, It is proposed that a portion of the alley in the block bounded by North Broadway, East Mason Street, North Water Street and East Wells Street be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and

Whereas, In 1966, the City of Milwaukee (“City”) approved an air space lease (“Lease”) over said alley, recorded at the Milwaukee County Register of Deeds as Document No. 4256418; and

Whereas, BMO Harris Bank NA is the successor Lessee under the Lease and fee title owner of the properties abutting the alley; and

Whereas, If the alley is vacated, the underlying fee ownership reverts to BMO Harris Bank NA, as the owner of the abutting properties, and the Lease will no longer be necessary, therefore, the City and BMO Harris Bank NA wish to terminate the Lease; 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 Sections 62.73(1) and 840.11, 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 ...