ORDINANCE NO. 2459
By:
(1st Aldermanic District)
WHEREAS, Goodwill Industries of Southeast Wisconsin (“the developer”) has requested that the 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.(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, 2007, at which time all interested parties appeared and were heard; and
WHEREAS, the sale of this Pproperty from Wayne & Gail Heiderich and Darlene Kramer to Goodwill Industries of Southeast Wisconsin is contingent upon the rezoning of the Pproperty to M-1, Manufacturing:WHEREAS, the developer further agreed that the deed restrictions shall be binding upon successors and assigns, that the deed restrictions not be modified without the consent of the City of Oak Creek and that the terms of the deed restrictions may be enforceable by the City of Oak Creek by way of an action in Milwaukee County Circuit Court.
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 B-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 all the Pproperty shall remain B-4, Highway Business.
SECTION 5: 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 these p Property ies remaining B-4, Highway Business.
Passed and adopted this ____ day of ____________, 2007.
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President, Common Council
Approved this ___ day of ____________________, 2007
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Mayor
ATTEST:
_____________________________ VOTE: Ayes _________ Noes ________
City Clerk