City of Milwaukee - File #: 180997

• File #: 180997
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 10/16/2018
• In control: COMMON COUNCIL
• Final action: 1/14/2019
• Effective date: 2/1/2019
• Title: A substitute ordinance granting an air space lease to Yards, LLC and Chatham 51 LLC for a building facade overhanging the sidewalks for the premises at 223 W. Oregon Street in the 12th Aldermanic District.
• Sponsors: THE CHAIR
• Indexes: AIR SPACE LEASES

Date	Ver.	Action By	Action	Result	Tally
1/31/2019	1	CITY CLERK	PUBLISHED
1/25/2019	1	MAYOR	SIGNED
1/14/2019	1	COMMON COUNCIL	PASSED	Pass	15:0
1/3/2019	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Dawn Schmidt - DPW	Pass	5:0
12/3/2018	0	CITY PLAN COMMISSION	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Individual appearing: Katie Monachos, Rinka Chung Architects Member Gould moved approval, seconded by member Najera. (Prevailed 5-0)	Pass	5:0
11/12/2018	0	CITY PLAN COMMISSION	HELD IN COMMITTEE; Minutes note: Ms. Koster requested to refer the file back to staff. Member Bloomingdale moved to refer back to staff, seconded by member Gould. (Prevailed 4-0)	Pass	4:0
10/17/2018	0	PUBLIC WORKS COMMITTEE	REFERRED TO; Minutes note: Dear City Employee: Please see attached hearing notice. One or more items listed in the notice may be of interest to you. If so, please attend the meeting at the time noted. If you have any questions, please contact Mrs. Molly Kuether, Staff Assistant at 286-2775 or Mkue@milwaukee.gov
10/16/2018	0	COMMON COUNCIL	ASSIGNED TO

Number

180997

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance granting an air space lease to Yards, LLC and Chatham 51 LLC for a building facade overhanging the sidewalks for the premises at 223 W. Oregon Street in the 12th Aldermanic District.

Analysis

In accordance with state law, this ordinance will grant an airspace lease to Yards LLC and Chatham 51, LLC, as tenants-in-common, for the purpose of constructing and maintaining building overhangs that extend over the sidewalk areas bordering South 2^nd Street and West Oregon Street at 223 W. Oregon Street in the City of Milwaukee, 12th Aldermanic District.

Body                     

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1:   FINDINGS.  In accordance with the provisions of sec. 66.0915(4), Wis. Stats., (2015-2016), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee, through the proper city officers, enter into an airspace lease with Yards LLC and Chatham 51, LLC, as tenants-in-common for a term of 99 years for the purpose of allowing Lessees to construct, maintain, and use overhang structures that extend over the sidewalk areas bordering South 2^nd Street and West Oregon Street at 223 West Oregon Street, as described in the lease, and the Common Council of the City of Milwaukee hereby finds that the area described in the airspace lease is not needed for street, alley or other public purposes and that the public interest will be served because the leasing of the airspace will aid in the development of the neighborhood.

Part 2. Attached and made part of Common Council File No. 180997 is a copy of such lease in substantially the same form as the lease that will be signed.

Part 3.  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

Part 4.  The Department of City Development, through its real estate section, shall process, at the expense of the Lessees, the recording of this ordinance and the executed lease with the Milwaukee County Register of Deeds and shall forward the recording information complete with a final copy of the ordinance and lease to the City Engineer and the City Comptroller.

Part 5.  This ordinance shall take effect and be in force from and after its passage and publication.

LRB

APPROVED AS TO FORM

_________________________

Legislative Reference Bureau

Date:_____________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

________________________

Office of the City Attorney

Date:____________________

Requestor

Drafter                     TDM/tdm

                                          1053-2018-2196:255484

12/20/2018