RESOLUTION NO. 10728-020607

RESOLUTION VACATING AND DISCONTINUING A PART OF A

PUBLIC STREET IN THE CITY OF OAK CREEK

(Edison Road)

(4^th Aldermanic District)

WHEREAS the public interest requires that a part of Edison Road, a public street in the City of Oak Creek, Milwaukee County, Wisconsin, be discontinued and vacated, the legal description of the property within which it is located being:

Commencing at the Southwest corner of the Southeast Quarter (1/4) of Section 14, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence N00º 24’ 58”E, 700.0 feet;

Thence N89º 54’ 41”E, 59.1 feet to the point of beginning of the lands to be described; thence continuing N89º 54’ 41”E, 377.1 feet; thence Northeasterly 38.35 feet along the arc of curve, whose radius is 70 feet, and whose chord bears N50º 29’ 40”E; thence S89º 54’ 41”W, 156.3 feet; thence N00º 25’ 00”E, 25.0 feet; Thence S89º 54’ 41”W, 249.7 feet; thence S00º 34’ 16”W, 49.1 feet to the point of beginning.

provided that pursuant to Section 66.1005 Wis. Stats. such vacation shall not terminate the easements acquired and the rights of the public in any of the underground structures, improvements or services as enumerated or otherwise existing in said public way and in said description of lands hereinbefore described, but such easements and rights and all rights of entrance, maintenance, construction and repair with reference thereto shall continue as if such public way had not been vacated.

and,

WHEREAS it appears that this resolution was introduced before the Common Council of the City of Oak Creek pursuant to Wis. Stats. Sec. 66.1003(4)(a) on February 6, 2007 and a Notice of Public Hearing was published in the Oak Creek Pictorial, the official City newspaper on February 15, 2007, February 22, 2007 and March 1, 2007, and that a copy of said Notice was duly served on the following property owners in accordance with Wisconsin State Statutes:

OWNER ADDRESS

Mid America Steel 8570 S. Chicago Road, Oak Creek, WI 53154

Stough Properties LLC 8570 S. Chicago Road, Oak Creek, WI 53154

and it further appears that no sufficient written objection to said discontinuance and vacation was filed with the City Clerk; and it appears that a public hearing was held before the Common Council of the City of Oak Creek on the 20th day of March, 2007, at 7:00 p.m.; and

WHEREAS, A Notice of Pendency of Application to Vacate in the above matter was recorded with the Register of Deeds for Milwaukee County, Wisconsin on the 5th day of February, 2007 and a report was received by the Plan Commission, all as required by law, and

NOW THEREFORE, in accordance with the authority vested in the Common Council by Section 66.1003(4)(a) of the Wisconsin Statutes,

BE IT RESOLVED by the Common Council of the City of Oak Creek that the following public street legally described as:

Commencing at the Southwest corner of the Southeast Quarter (1/4) of Section 14, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin; thence N00º 24’ 58”E, 700.0 feet;

be and the same are hereby discontinued and vacated.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this _____ day of _______________, 2007.

Passed and adopted this _____ day of ____________, 2007.

____________________________________

President, Common Council

Approved this _____ day of ___________________, 2007.

______________________________

ATTEST: Mayor

____________________________

City Clerk

VOTE: Ayes ____ Noes ____