Council introduces resolution to vacate small portion of West Avenue right of way for sale at 223 Southwest Avenue

The Waukesha Common Council on Feb. 3 introduced a resolution to vacate a small portion of the West Avenue right of way so a surplus former water utility building at 223 Southwest Avenue can be conveyed to a buyer. City attorney Brian (speaker 11) told the council the building currently extends into the public right of way, which prevents a straightforward transfer of the parcel as it stands.

Brian explained the vacation covers only the portion of right of way occupied by the building and that the sidewalk will remain in its current path. “We would have to separate out that piece of the building that’s within the right of way, which of course makes no sense,” Brian said, describing the rationale for starting the vacation process. He said the procedure is controlled by statute and requires posting and publishing notices and a waiting period; the council anticipates final action on March 17, more than 40 days after introduction.

No final action was taken at the meeting; the introduction is an early procedural step. Brian said the resolution caption will be revised before final action to accurately describe the portion of the right of way to be vacated and to avoid suggesting any change to the sidewalk itself.

What to expect: City staff will publish required notices and accept public comment during the statutory period. The council will consider the resolution for final adoption at its March 17 meeting if the procedural notices and waiting period are satisfied.

Relevant procedural details recorded in the meeting: - The vacation is limited to the area under the building and will not alter the sidewalk’s physical alignment. - The process requires at least a 40-day public-notice period before final action; March 17 was cited as the intended final-action date.

No vote was taken on the resolution at the Feb. 3 meeting.