ORDINANCE NO. 24782459

                                                By:

AN ORDINANCE TO CONDITIONALLY REZONE THE PROPERTY AT 140 9160 S. SHEPARD AVENUE AND A PORTION OF THE PROPERTY AT 9330 E. RAWSON AVENUE S. SHEPARD AVENUE FROM B-4RS-2 AND RS-3, SINGLE FAMILY RESIDENTIAL TO I-1, INSTITUTIONAL.  HIGHWAY BUSINESS TO M-1, MANUFACTURING

(1st3rd Aldermanic District)

WHEREAS, Goodwill Industries of Southeast Wisconsin The Oak Creek Franklin Joint School District (“the developer”) has requested that the property at 9160 S. Shepard Avenue and a portion of the property at 9330 S. Shepard Avenue be rezoned from Rs-3 and Rs-2, Single Family Residential to I-1, Institutional; andthe property at 140 East Rawson Avenue be rezoned from B-4, Highway Business to M-1, Manufacturing.

            WHEREAS, these property is more precisely described as follows:

The West l/2 of the South 40 acres of the Southwest 1/4 of Section 4, Town 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee, State of Wisconsin, excepting therefrom that part of the following described premises within said West 1/2:

Commencing at the Southwest career of said 1/4 Section; thence East 1412.20 feet; thence North 40 feet; thence West 690 feet; thence North 100 feet; thence West 522.20 feet; thence North 190.68 feet; thence West 95 feet; thence North to North line of South 40 acres of said 1/4 Section; thence West 105 feet; thence South to the place of commencement.

FURTHER EXCEPTING THEREFROM Certified Survey Map No. 205 recorded on February 27, 1963 on Real 77, Images 148 and 149 as Document No. 4006714 and certified Survey Map No. 3670 recorded on July 10, 1979 on Reel 1219, Images 1299 to 1301 inclusive, as Document No. 5327097, and that part thereof conveyed by Award of Damages, dated January 31, 1967 and recorded February 10, 1967 on Real 346, Images 369 to 371 inclusive, as Document No. 4301007 That part of Lot 1 of Certified Survey Map 765 recorded in the Register of Deeds office for Milwaukee County in Reel 391, on Image 992-993, Document 4358120 being part of the Northwest ¼ of the Southeast ¼ in Section 21, Town 5 North, Range 22 East City of Oak Creek, Milwaukee County, Wisconsin, described as follows:

Commencing at the Northwest corner of said Southeast ¼; thence S 00°21’15” W along the West line of the Southeast ¼ of said Section 21, 342.60 feet to the North line of said Certified Survey Map 765 extended west; thence N 89°27’36” E along said North line 185.02 feet to the point of beginning; thence continuing N 89°27’36” E along said North line 174.98 feet to the Northeast corner of said Certified Survey Map 765; thence S 00°21’15” W along the East line of said Certified Survey Map 765, 140.00 feet to the Southeast corner of said Certified Survey Map 765; thence S 89°27’36” W along the South line of said Certified Survey Map 765, 174.95 feet; thence N 00°21’15” E 140.00 feet to the point of beginning; containing 0.562 acres; and

Outlot 1 of Certified Survey Map 7189, recorded in the office of the register of deeds for Milwaukee County on January 20, 2003 as Document 8433965, being a part of the Northwest ¼ of the Southeast ¼ of Section 21, Town 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin. Containing 12.82 acres; and

All that part of Parcel 2 of Certified Survey Map No. 6912, recorded as Document No. 8007497, being a part of the Northeast, Southeast and Southwest Quarters of the Southeast Quarter of Section 21, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin, bounded and described as follows:

Commencing as the Southeast Corner of said Southeast 1/4 Section; thence S89°27'03"W along the south line of said 1/4 section. 1663.20 feet; thence N00°26'28"E, 885.00 feet to the Northwest corner of Parcel 1 of Certified Survey Map No. 6912 and the point of beginning of the land to be described; thence continue N00°26'28"E, 440.29 feet to the Northwest corner of said parcel 2; thence N89°27'36"E, 333.31 feet; thence N00°28'12"E, 308.00 feet; thence S30°47'13"E, 363.45 feet; thence S05°00'00"E, 214.41 feet; thence S23°00'00"W, 424.75 feet; thence N66°22'00"W, 412.57 feet to the point of beginning. Contains 6.7203 acres..(the “ Property”).

            WHEREAS, the Plan Commission reviewed the application and recommended that the rezoning be approved; and

            WHEREAS, the Common Council held a public hearing on said application on June 19 October ,2, 2007, at which time all interested parties appeared and were heard; and

            WHEREAS, the sale of this Property from Wayne & Gail Heiderich and Darlene Kramer to Goodwill Industries of Southeast Wisconsin is contingent upon the rezoning of the Property to M-1, Manufacturing:

            WHEREAS, following said public hearing the Common Council is of the opinion that the best interests of the City would be served if the rezoning was approved.

            NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: To promote the general welfare, public safety and general planning within the City of Oak Creek, the lands hereinabove described are hereby rezoned from  Rs-3 and Rs-2, Single Family Residential to I-1, InstitutionalB-4, Highway Business to M-1, Manufacturing, and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: All ordinances or parts of ordinances and Zoning District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.

SECTION 3:  This ordinance is conditioned on and will become effective upon the transfer of this property to Goodwill Industries of Southeast Wisconsin within 90 days of the enactment of this ordinanceand the recording of a deed evidencing the change of ownership of the Property with the Milwaukee County Register of Deeds.

SECTION 4:  In the event that the transfer of this property to Goodwill Industries of Southeast Wisconsin does not occur within 90 days of the adoption of this ordinance, the zoning of  the Property shall remain B-4, Highway Business.

SECTION 53: The several sections of this ordinance are declared to be severable. If any section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of other provisions of this ordinance.

SECTION 6: The rezoning shall take effect upon its passage and publication and upon the transfer of ownership of the Property to Goodwill Industries of Southeast Wisconsin.  Failure to comply with these conditions shall result in the zoning of the Property  remaining B-4, Highway Business.

                        Passed and adopted this  ____ day of ____________, 2007.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of ____________________, 2007

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk