RESOLUTION NO. 2019-11-02 RESOLUTION REGARDING THE VACATION OF A STREET KNOWN AS OAK AVENUE

BY THE TOWN BOARD OF THE TOWN OF SCOTT:

WHEREAS, the Town of Scott has determined pursuant to Section 66.1003 Wis. Stats. that the public interest requires that a street known as Oak Avenue, Town of Scott, be abandoned, vacated and discontinued as a public street and the same is set forth and shown on the map attached hereto (Exhibit A) and incorporated by reference herein along with the legal description stated on Exhibit A for the proposed discontinued public street. 

NOW, THEREFORE, BE IT RESOLVED: That it is in the public interest that a street known as Oak Avenue be abandoned, vacated and discontinued by the Town of Scott as a public street and that a hearing was held on the abandonment, vacation and discontinuance of the same on the 4th day of April, 2019 at 4:00 p.m. at the Town Hall for the Town of Scott, 2621 Jody Drive, New Franken, Wisconsin.

BE IT FURTHER RESOLVED that a notice of such hearing was served on the owners of the frontage of the lots and lands abutting the public street sought to be abandoned, vacated and discontinued at least thirty (30) days before such hearing, and that notice of such hearing was published in the official newspaper of the Town of Scott once a week for two (2) successive weeks before the date of the hearing; and

BE IT FURTHER RESOLVED that the Town Attorney, upon adoption of this resolution, cause a Lis Pendens to be prepared and filed with the Register of Deeds, Brown County, Wisconsin, pursuant to Section 840.11 Wisconsin Statutes.

               Approved this 6th day of November, 2019.

EXHIBIT “A”

DESCRIPTION FOR THE VACATION OF A PORTION OF OAK AVENUE – PARCEL A

That portion of Oak Avenue created by the L. G. Schilling’s Plat of Point Comfort recorded in Volume 2 of Plats, Page 141, Brown County Records, being described in the Town of Scott Assessor’s Plat No.3 recorded in Volume 19 of Plats, Pages 209 thru 217, Brown County Records, and being a part of the Northeast 1/4 of the Northeast 1/4 of Section 29, Town 25 North, Range 22 East, Town of Scott, Brown County, Wisconsin more fully described as follows:

Commencing at the Northeast corner of said Northeast 1/4 of the Northeast 1/4 of Section 29; thence South 00°06’04” East, along the east line of Lot 41 of said Town of Scott Assessor’s Plat No.3, a distance of 312.00 feet to a point, said point lying on the north right of way line of Edgewater Beach Road and being the southeast corner of said Lot 41 of the Town of Scott Assessor’s Plat No.3; thence South 89°52’29” West, along said north right of way line of Edgewater Beach Road, a distance of 720.03 feet to a point, said point being the southwest corner of said Oak Avenue right of way and also being the southeast corner Lot 49 of said Town of Scott Assessor’s Plat No.3; thence North 00°09’02” West, a distance of 150.00 feet along the west right of way line of said Oak Avenue to a point, said point being the northeast corner of said Lot 49 of said Town of Scott Assessor’s Plat No.3, the southeast corner of Outlot 3 of said Town of Scott Assessor’s Plat No.3, and the point of beginning; thence continuing North 00°09’02” West, along said west right of way line of said Oak Avenue and the east line of said Outlot 3 of the Town of Scott Assessor’s Plat No.3, a distance of 12.00 feet to a point, said point being the northwest corner of said Oak Avenue right of way and the northeast corner of said Outlot 3 of the Town of Scott Assessor’s Plat No.3: thence North 89°52’29” East along the north end of said Oak Avenue right of way, a distance of 60.00 feet to a point, said point being the northeast corner of said Oak Avenue right of way and the northwest corner of Outlot 4 of said Town of Scott Assessor’s Plat No.3 : thence South 00°09’02” East, along said east right of way line of said Oak Avenue and the west line of said Outlot 4 of the Town of Scott Assessor’s Plat No.3 , a distance of 12.00 feet to a point, said point being the northwest corner of Lot 50 of said Town of Scott Assessor’s Plat No.3; thence South 89°52’29” West, a distance of 60.00 feet to the point of beginning.

This parcel contains 720 square feet or 0.017 acres, more or less.

DESCRIPTION FOR THE VACATION OF A PORTION OF OAK AVENUE – PARCEL B

That portion of Oak Avenue created by the L. G. Schilling’s Plat of Point Comfort recorded in Volume 2 of Plats, Page 141, Brown County Records, being described in the Town of Scott Assessor’s Plat No.3 recorded in Volume 19 of Plats, Pages 209 thru 217, Brown County Records, and being a part of the Northeast 1/4 of the Northeast 1/4 of Section 29, Town 25 North, Range 22 East, Town of Scott, Brown County, Wisconsin more fully described as follows:

Commencing at the Northeast corner of said Northeast 1/4 of the Northeast 1/4 of Section 29; thence South 00°06’04” East, along the east line of Lot 41 of said Town of Scott Assessor’s Plat No.3, a distance of 312.00 feet to a point, said point lying on the north right of way line of Edgewater Beach Road and being the southeast corner of said Lot 41 of the Town of Scott Assessor’s Plat No.3; thence South 89°52’29” West, along said north right of way line of Edgewater Beach Road, a distance of 660.03 feet to a point, said point being the southeast corner of said Oak Avenue, also being the southwest corner Lot 50 of said Town of Scott Assessor’s Plat No.3, and the point of beginning ; thence continuing South 89°52’29” West, along said north right of way line of Edgewater Beach Road, a distance of 60.00 feet to a point, said point being the southwest corner of said Oak Avenue and also being the southeast corner Lot 49 of said Town of Scott Assessor’s Plat No.3; thence North 00°09’02” West, a distance of 150.00 feet along the west right of way line of said Oak Avenue to a point, said point being the northeast corner of said Lot 49 of said Town of Scott Assessor’s Plat No.3; thence North 89°52’29” East, a distance of 60.00 feet to a point, said point lying on the east right of way line of said Oak Avenue and being the northwest corner of said Lot 50 of said Town of Scott Assessor’s Plat No.3; thence South 00°09’02” East, along said east right of way line of said Oak Avenue, a distance of 150.00 feet to the point of beginning.

This parcel contains 9000 square feet or 0.207 acres, more or less.