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File #: 161322    Version:
Type: Resolution Status: Passed
File created: 1/18/2017 In control: COMMON COUNCIL
On agenda: Final action: 3/28/2017
Effective date:    
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
Attachments: 1. Termination of Airspace Lease Executed, 2. Exhibit A.pdf, 3. City Plan Commission Letter.pdf, 4. Termination of Lease as of 3-2-17.pdf, 5. PW Summons
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/6/20171 MAYOR SIGNED   Action details Meeting details Not available
3/28/20171 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
3/8/20171 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
Pass5:0 Action details Meeting details Video Video
2/13/20170 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
Pass5:0 Action details Meeting details Video Video
1/19/20170 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
   Action details Meeting details Not available
1/18/20170 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

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 the Common Council of the City of Milwaukee, that said public right-of-way as indicated by Exhibit A and bound and described by:

 

That part of the 14.00-foot-wide north-south alley platted in Block 10 of Plat of Milwaukee, a recorded subdivision, in the Northeast 1/4 of Section 29, Township 7 North, Range 22 East, lying between the south line of East Wells Street extended and a line drawn from the southwest corner of Lot 4 in said Block 10 and the southeast corner of Lot 9 in said Block 10 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 Sections 62.73(1) and 66.1005(2), 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 public right-of-way had not been vacated; and, be it

 

Further Resolved, That the proper City officials, including the Commissioner of Public Works, are authorized to sign any easements or other documents necessary to assert the City’s rights under Section 66.1005(2), Wisconsin Statutes, and cause the same to be recorded in the Milwaukee County Register of Deeds Office; and, be it

 

Further Resolved, That the proper City officials are authorized to execute a Termination of Lease in substantially the same form as the copy of which is attached to this Common Council File.

Drafter

DCD:Kyle.Gast:kcg

03/02/17