Number
212003
Version
SUBSTITUTE 1
Reference
220243, 220247
Sponsor
ALD. BAUMAN
Title
Substitute resolution to vacate North 8th Street south of Michigan to its terminus, and North 9th Street south of Michigan to its terminus, in the 4th 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 Marquette University to allow for development and parcel consolidation.
Body
Whereas, It is proposed that North 8th Street south of Michigan to its terminus, and North 9th Street south of Michigan to its terminus be vacated pursuant to the provisions of Section 62.73, Wisconsin Statutes; and
Whereas, The Department of Public Works (“DPW”) 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 that remaining 43.00-foot wide portion of North 8th Street, in Partition of East Half of the Southwest 1/4, a recorded subdivision, in the Southwest 1/4 of Section 29, Township 7 North, Range 22 East, lying between the south line of West Michigan Street extended and a line 139.00 feet north of and parallel to the original platted north line of West Clybourn Street.
And
North 9th Street, in James Kneeland’ Subdivision, a recorded subdivision, in the Southwest 1/4 of Section 29, Township 7 North, Range 22 East, lying between the south line of West Michigan Street extended and a line 209.34 feet north of and parallel to the original platted north line of West Clybourn Street; 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 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
06/23/22