20-04. State Submerged Lands, Strip Ceded.
1. FOR PUBLIC PURPOSES. The right, title and interest of the state of Wisconsin in and to a strip of submerged land fifteen hundred feet in width, along and adjacent to the shore of Lake Michigan, constituting the bed of said lake, being on the eastern frontage of the city of Milwaukee, having for its westerly boundary the easterly face of the breakwater, constructed by the Chicago and Northwestern Railway Company; for its south boundary, the south line of Wisconsin Street in said city extended easterly into Lake Michigan and for its north boundary the extension of the east and west quarter section line running through section twenty-one, in town seven north, range twenty-two east, in the first ward of said city of Milwaukee, are hereby granted and ceded to the said city of Milwaukee, to be held and used by said city forever as a part of its system of public parks and boulevards, and to be managed, controlled and improved by the board of park commissioners as provided in chapter 488, of the laws of 1889, and chapter 179 of the laws of 1891, of Wisconsin; provided, that said land hereby ceded and granted shall not be leased or sold by said city of Milwaukee, nor used by it for any other purpose than a public park and boulevard; and provided further, that said city shall construct over any railroad track or tracks, intersected by any bridge or driveway, to said park on above described strip of land, good and sufficient viaducts or bridges at least twenty-two feet high in the clear above said track or tracks, and suffer or permit no grade crossings thereover; and also the right, title and interest of the state of Wisconsin in and to a strip of submerged land six hundred feet in width along and adjacent to the shore of Lake Michigan, constituting the bed of said lake, being on the eastern frontage of the city of Milwaukee, having for its westerly boundary the easterly face of the breakwater, constructed by the Chicago and Northwestern Railway Company, and the shore line of said lake; for its north boundary, the south line of Wisconsin Street of said city extended easterly into Lake Michigan; for its south boundary, the extended harbor entrance of said city of Milwaukee in the third ward of said city of Milwaukee, are hereby granted and ceded to said city of Milwaukee, to be held and used by said city forever for public purposes; provided, that said second strip of land, hereby ceded and granted, shall not be sold by said city of Milwaukee to any private party, nor used by it for any other than a public purpose or purposes, but such city may convey any portion of said second strip of land to the United States government for governmental use. (S. 1, Ch. 284, L. 1923.)
2. RIPARIAN RIGHTS. Nothing in this act contained shall be construed to divest or otherwise affect the riparian rights and privileges of the several owners of the lots abutting on Lake Michigan, but all such riparian rights and privileges shall remain vested in such abutting or upland owners, subject only to the use of the land hereby granted to said city of Milwaukee for the purpose of its system of public parks and boulevards, and if any part of said land shall be diverted from use by said city for the sole purpose of a public park or boulevard, as hereinbefore provided in Section 1 [Ch. 200, L. 1897], and the right of said city therein so cease and determine, the title to said land shall be thereupon vested in and apportioned among such abutting or upland owners or their assigns, to the same extent as if such land were a natural accretion outward from the shore of said lake, and any land which may be between the right of way of the Chicago and Northwestern Railway Company as described in the several conveyances thereof to said company, and said easterly face of said railroad breakwater, shall not be used by said railway company for any purpose whatsoever, except that of a slope or embankment to protect the roadbed or tracks on said right of way. (S. 2, Ch. 200, L. 1897.)
3. SUBMERGED LANDS, FILLING AND IMPROVING. a. The board of park commissioners shall annually expend and use in the filling in and improving and maintaining of said strip of land hereby granted, extending from the north line of section fifteen (15), town seven (7) north, range twenty-two (22) east, in the eighteenth ward of said city of Milwaukee, to the south line of Wisconsin Street extended in the third ward of said city, so as to make the same into a public park or boulevard, a sum not less than one-third of the amount authorized by law to be levied upon the taxable property of said city, set apart to be used for filling in and improving and maintaining submerged lands placed under the management and control of park commissioners; and the balance of said tax said board shall annually expend and use in filling in and improving and maintaining any other strip or strips of submerged or partly submerged land granted or which may hereafter be granted to such city, so as to make the same into a public park or boulevard.
b. The Chicago and Northwestern Railway Company, its successors and assigns, shall, as fast as the aforesaid strip of land shall be made into a public park or boulevard, remove or cover the breakwater erected or maintained by it along said park or boulevard, sod and keep sodded the land and embankment lying between its easterly right-of-way as described in the several conveyances thereof, and said easterly face of said railway breakwater along said strip, and shall otherwise embellish and improve the same in accordance with plans therefor to be prepared and submitted by said board of park commissioners. (S. 1, Ch. 309, L. 1921.)