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File #: 180063    Version:
Type: Resolution Status: Passed
File created: 4/17/2018 In control: COMMON COUNCIL
On agenda: Final action: 9/25/2018
Effective date:    
Title: Substitute resolution to vacate a portion of East Archer Avenue from South Kinnickinnic Avenue east to a point, in the 14th Aldermanic District.
Sponsors: ALD. ZIELINSKI
Indexes: STREETS
Attachments: 1. Copy of notice list for 180063 and 180442, 2. Hearing Notice 180063 and 180442, 3. vacation notice addresses, 4. Hearing Notice Cancellation, 5. 180063 Exhibit A.pdf, 6. 180063 and 180442 PW presentation, 7. 180511_DCD 3184_Staff Approved CSM, 8. 180063 City Plan Commission Letter.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/4/20181 MAYOR SIGNED   Action details Meeting details Not available
9/25/20181 COMMON COUNCIL ADOPTEDPass14:0 Action details Meeting details Not available
9/12/20180 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Amy Oeth - DCD Yves LaPierre - DCD Jason Korb - KA Architects Karen Dettmer - DPW
Pass5:0 Action details Meeting details Video Video
9/10/20180 CITY PLAN COMMISSION RECOMMENDED FOR ADOPTION AND ASSIGNED

Minutes note: Individuals appearing: Amy Oeth, Dept. of City Development Jason Korb, Korb and Associates Member Gould moved approval, seconded by member Jacquart. (Prevailed 6-0)
Pass6:0 Action details Meeting details Video Video
8/30/20180 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/20/20180 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/20/20180 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/13/20180 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
4/18/20180 PUBLIC WORKS COMMITTEE REFERRED TO   Action details Meeting details Not available
4/17/20180 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

180063

Version

SUBSTITUTE 1

Reference

170164, 170426, 180442, 180511

Sponsor

ALD. ZIELINSKI

Title

Substitute resolution to vacate a portion of East Archer Avenue from South Kinnickinnic Avenue east to a point, in the 14th Aldermanic District.

Analysis

This substitute resolution vacates the above portion of 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 New Land Enterprises to create a pedestrian plaza adjacent to a proposed development.

Body

Whereas, It is proposed that a portion of East Archer Avenue from South Kinnickinnic Avenue east to a point 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 portion of public right-of-way as indicated by Exhibit A and bound and described by:

 

All that part of East Archer Avenue in the Southwest 1/4 of Section 4, Township 6 North, Range 22 East, lying between the easterly line of South Kinnickinnic Avenue extended and the southerly extension of the east line of Lot 21 in Block 1 of Assessment Subdivision No. 35, a recorded subdivision, in said 1/4 Section 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 portion of 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

09/06/18