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File #: 171748    Version:
Type: Resolution Status: Passed
File created: 2/27/2018 In control: COMMON COUNCIL
On agenda: Final action: 6/20/2018
Effective date:    
Title: Substitute resolution to vacate a portion of East Vine Street between North Commerce Street and North Hubbard Street, in the 6th Aldermanic District.
Sponsors: THE CHAIR
Indexes: STREETS
Attachments: 1. Exhibit A-Final dated 5-17-18.pdf, 2. hearing notice 6-6-18, 3. vacation notice addresses 6-6-18, 4. Presentation, 5. 171748 Hearing Notice, 6. vacation notice addresses, 7. Exhibit A 5-10-18.pdf, 8. City Plan Commission Letter.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/29/20182 MAYOR SIGNED   Action details Meeting details Not available
6/20/20182 COMMON COUNCIL ADOPTEDPass14:0 Action details Meeting details Not available
6/6/20181 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Proposed Substitute A
Pass5:0 Action details Meeting details Video Video
6/6/20182 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Amy Oeth - DCD Karen Dettmer - DPW Karl Tomage, property owner, stated Ald. Coggs is in support. Manuel Torres 1801 N Commerce St stated he has no objections. Robert Neville 1801 N Commerce St stated he has no objections. Akuwa Dantzler - 6th District Legislative Assistant stated Ald. Coggs is in support.
Pass5:0 Action details Meeting details Not available
5/23/20181 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/16/20181 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: This item was held at the request of Ald. Coggs
Pass5:0 Action details Meeting details Video Video
5/7/20180 CITY PLAN COMMISSION APPROVED CONDITIONALLY

Minutes note: Individual appearing: Carl Tomich Member Bloomingdale moved conditional adoption, seconded by member Gould. (Prevailed 5-0) Conditions: 1. Submittal of a deposit. 2. Submittal of an executed petition.
Pass5:0 Action details Meeting details Video Video
5/7/20180 CITY PLAN COMMISSION REFERRED TOPass5:0 Action details Meeting details Not available
5/4/20180 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/28/20180 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 Molly Kuether-Steele at 286-2775 Molly.kuether-steele@milwaukee.gov
   Action details Meeting details Not available
2/27/20180 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

171748

Version

SUBSTITUTE 2

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution to vacate a portion of East Vine Street between North Commerce Street and North Hubbard Street, in the 6th 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 Carl Tomich to facilitate the reconstruction of an outdoor patio for an existing restaurant.

Body

Whereas, It is proposed that a portion of East Vine Street between North Commerce Street and North Hubbard 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:

 

That part of East Vine Street in the Northeast 1/4 of Section 20, Township 7 North, Range 22 East, described as follows: Commencing at the southwest corner of Parcel 3 of Certified Survey Map No. 7075; thence Easterly, along the south line of Parcel 3, to a point lying 11.00 feet east of, as measured normal to, the west line of Parcel 3 and the point of beginning of the land to be described; thence continuing Easterly, along said south line of Parcel 3, to the southeast corner of Parcel 3, said point lying on the east line of said Northeast 1/4 Section; thence Southerly, along said east line and the southerly extension of the east line of Parcel 3, to a point lying 24.00 feet south of, as measured normal to, the south line of Parcel 3; thence Westerly, parallel to said south line, to a point lying 11.00 feet east of, as measured normal to, the southerly extension of the west line of Parcel 3; thence Northerly, parallel to said southerly extension, to the point of beginning 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 held, acquired by or belonging to any county, school district, town, village or city, or to any utility or person that relate to any underground or overground 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:Amy.Oeth:ao

06/01/18