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File #: 170165    Version:
Type: Resolution Status: Passed
File created: 5/9/2017 In control: COMMON COUNCIL
On agenda: Final action: 7/31/2017
Effective date:    
Title: Substitute resolution to vacate the southerly east-west alley in the block bounded by South Howell Avenue, South Kinnickinnic Avenue, East Lincoln Avenue and East Smith Street, in the 14th Aldermanic District.
Sponsors: THE CHAIR
Indexes: ALLEY VACATIONS
Attachments: 1. 170165 Exhibit A.pdf, 2. 170165 City Plan Commission Letter.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/9/20171 MAYOR SIGNED   Action details Meeting details Not available
7/31/20171 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Video Video
7/19/20171 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Kyle Gast - DCD
Pass4:0 Action details Meeting details Video Video
7/17/20170 CITY PLAN COMMISSION RECOMMENDED FOR ADOPTION AND ASSIGNED

Minutes note: Member Stephanie Bloomingdale moved approval, seconded by member Joaquin Altoro. There were no objections from those members present.
Pass5:0 Action details Meeting details Not available
5/10/20170 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 or resolution 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 Yashica Hayes at 286-2775 YashiHayes@milwaukee.gov
   Action details Meeting details Not available
5/9/20170 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

170165

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution to vacate the southerly east-west alley in the block bounded by South Howell Avenue, South Kinnickinnic Avenue, East Lincoln Avenue and East Smith Street, in the 14th 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. This vacation was requested by Russell Chicks to consolidate land holdings.

Body

Whereas, It is proposed that the southerly east-west alley in the block bounded by South Howell Avenue, South Kinnickinnic Avenue, East Lincoln Avenue and East Smith 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 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:

 

All of the southerly east-west 15.00-foot-wide alley as platted in Block 2 of Uriel B. Smith’s Subdivision, a recorded subdivision, in the Northwest 1/4 of Section 9, Township 6 North, Range 22 East, described as follows: Commencing at the northwest corner of Lot 17 in said Block 2, thence Easterly, along the north line of Lots 17, 18, 19 and 20 in Block 2 aforesaid, 91.20 feet to a point in the westerly line of the northwest-southeast 20.00-foot-wide alley; thence Northwesterly, along said westerly line, to the southeast corner of Lot 22 in said Block 2; thence Westerly, along the south line of Lot 22 aforesaid, 81.00 feet to the southwest corner of Lot 22; thence Southerly 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 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 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 of Milwaukee’s rights under Section 66.1005(2), Wisconsin Statutes, and cause the same to be recorded in the Milwaukee County Register of Deeds Office.

Drafter

DCD:Kyle.Gast:kcg

07/12/17