Number
191165
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HAMILTON
Title
Substitute resolution authorizing the acceptance of the donation of former railroad right of way located at 4615 Adj. North 20th Street and 4588 Adj. North 20th Street from Glendale Redevelopment, LLC, in the 1st Aldermanic District.
Analysis
This substitute resolution authorizes the City of Milwaukee to accept the donation of privately owned former railroad right of way property that has been identified as a potential future segment of the city’s bicycle and recreational trail network.
Body
Whereas, The Department of City Development (“DCD”) and the Department of Public Works are engaged in multiple planning efforts to ensure increased access to outdoor recreational facilities within the City, including off-street bicycle and recreational trails; and
Whereas, These efforts include the ongoing Connecting the Corridor planning effort to prepare an amendment to the Near North Side Area Plan that identifies specific projects to improve the “low stress” and off-street trail network in the neighborhoods adjacent to the 30th Street Corridor, as well as supporting the Route of the Badger initiative to increase connectivity in the region; and
Whereas, Developing better connections between the Oak Leaf Trail, the Beerline Trail, and other potential future trails in the Near North Side Area Plan has been a focus of these planning efforts; and
Whereas, Glendale Redevelopment, LLC (“LLC”), owns two parcels of land that have been identified as potential future segments of the area trail network at 4615 Adj. North 20th Street and 4588 Adj. North 20th Street (the “Gift Parcels”); and
Whereas, The LLC is willing to donate the Gift Parcels to the City of Milwaukee; and
Whereas, DCD, with the assistance of the City Attorney’s Office, has negotiated a Gift Agreement with the LLC that is part of this Common Council file, the material terms of which are reflected in the Land Acquisition Report (“LAR”) that is also part of this file; and
Whereas, As a condition of the donation from the LLC, DCD has agreed to pay for certain real estate costs associated with the transaction, those being the costs of surveys, title insurance, Phase I environmental audit and 2019 property taxes; and
Whereas, DCD suspects that the Phase I Environmental Site Assessment will suggest future testing due to past usage of the Gift Parcels as railroad corridor but that any impacts that may be identified via environmental testing will be typical for such lands and within DCD’s experience level; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Council hereby approves the LAR and, conditioned upon on DCD’s final review of the title commitment, property survey and Phase I environmental report finding no material concerns, authorizes City officials to execute the Gift Agreement in form and substance as the document submitted to this file, or in substantial conformity therewith, and to take such further actions as are required and contemplated by that document, including acceptance and recording of a deed or deeds to the City for the Gift Parcels, and the Council expressly accepts those conveyances as gifts to the City accepted per Milwaukee Code of Ordinances (“MCO”) 304-24 and authorizes acceptance of those conveyances by 3/4 vote of the Council per MCO 308-22-2-c in spite of suspected, potential, future determination of environmental exceedances.
Drafter
DCD:David.Misky:spl
11/07/19