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File #: 200583    Version:
Type: Resolution Status: Passed
File created: 9/1/2020 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 1/19/2021
Effective date:    
Title: Substitute resolution to vacate South 3rd Street from West Florida north to a point, in the 12th Aldermanic District.
Sponsors: THE CHAIR
Indexes: STREET VACATIONS
Attachments: 1. 200583 City Plan Commission Letter.pdf, 2. Hearing Notices 200583, 3. 200583_Exhibit A.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
1/28/20211 MAYOR SIGNED   Action details Meeting details Not available
1/19/20211 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
1/6/20210 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Kevin Kuschel - DCD
Pass5:0 Action details Meeting details Video Video
12/28/20200 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/9/20200 CITY PLAN COMMISSION APPROVED CONDITIONALLY

Minutes note: Appearing: Kevin Kuschel, DCD Planning Division Ann Pieper Eisenbrown, Pieper Properties Inc. Vice-chair Nemec moved conditional approval, seconded by member Johnson. (Prevailed 6-0) Conditions: Applicant to provide executed lis pendens and petitions and submit fees as outlined in the coordinated report.
Pass6:0 Action details Meeting details Video Video
11/9/20200 CITY PLAN COMMISSION REFERRED TOPass6:0 Action details Meeting details Not available
9/16/20200 PUBLIC WORKS COMMITTEE REFERRED TO   Action details Meeting details Not available
8/25/20200 COMMON COUNCIL REFERRED TO   Action details Meeting details Not available

Number

200583

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution to vacate South 3rd Street from West Florida north to a point, in the 12th 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 Ann Pieper Eisenbrown in order to optimize neighborhood parking, improve snow removal, and as a potential apartment building parklet.

Body

Whereas, It is proposed that South 3rd Street from West Florida north 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 (“Common Council”), that said portion of public right-of-way is vacated as indicated in Exhibit A and bound and described by:

 

All of South 3rd Street in the Northeast 1/4 of Section 32, Township 7 North, Range 22 East, lying between the north line of West Florida Street extended and the south line of Certified Survey Map 9046 and its westerly extension; 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 the Department of Public Works (“DPW”) 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 DPW, 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:Kevin.Kuschel:kmk

12/28/20